BILL ANALYSIS S.B. 667 By: Madla (Janek) 05-09-95 Committee Report (Unamended) BACKGROUND In order to receive appropriate health care, a patient must often share highly personal information with a health care provider. In recent years, the emergence of third-party payment plans, the use of healthcare information for non-healthcare purposes, and the exponential increase in the use of computers and automated information systems threatens traditional confidentiality protections. Current law affords some protection for physician offices, mental health, and mental retardation records, but no similar legislation exists for hospital medical records. Additionally, obtaining medical records can be an expensive task that often drags on for an extensive period of time. Current law requires the records to be provided at "reasonable" costs, yet instances exist in which individuals have paid hundreds of dollars for a couple of pages of information. The prices charged for duplication and the waiting period add to the costs of litigation when records are being sought in relation to a court case. PURPOSE S.B. 667 would set forth guidelines for the disclosure of certain health care information by a provider, and would establish limits on the amount that can be charged for reproducing a document. RULEMAKING AUTHORITY It is the committee's opinion that this bill expressly grants additional rulemaking authority to the Texas State Board of Medical Examiners under SECTION 6 (Section 5.08(o), Medical Practice Act (Article 4495b, Vernon's Texas Civil Statutes)). SECTION BY SECTION ANALYSIS SECTION 1. Adds Subchapter G, Chapter 241, Health and Safety Code, as follows: SUBCHAPTER G. DISCLOSURE OF HEALTH CARE INFORMATION. Sec. 241.151. DEFINITIONS. Defines "health care information," "health care provider," "institutional review board," and "legally authorized representative." Sec. 241.152. WRITTEN AUTHORIZATION FOR DISCLOSURE OF HEALTH CARE INFORMATION. (a) Prohibits a hospital, or agent or employee of a hospital, from disclosing health care information about a patient without the written authorization of the patient or the patient's legally authorized representative, except as authorized by Section 241.153. (b) States that a disclosure authorization to a hospital is valid only if certain requirements are met. (c) States that a disclosure authorization is valid until the 90th day after the date it is signed, unless it provides otherwise or is revoked. (d) Allows a patient or legally authorized representative to revoke a disclosure authorization to a hospital at any time, except as provided by Subsection (e). States that a revocation is valid only if it is dated later than the date on the original authorization and is signed by the patient or authorized representative. (e) Prohibits a patient or a legally authorized representative from revoking a disclosure that is required for purposes of making payment to the hospital for health care provided to the patient. (f) Prohibits a patient from maintaining an action against a hospital for a disclosure made in good-faith reliance on an authorization, if the hospital's medical record department did not have notice that the authorization was revoked. (g) Prohibits a hospital from charging a fee for providing health care information under Section 241.154(b) to the extent the fee is prohibited under Chapter 161, Subchapter M. Sec. 241.153. DISCLOSURE WITHOUT WRITTEN AUTHORIZATION. Authorizes a patient's health care information to be disclosed without the patient's authorization, if the disclosure is made under specific circumstances outlined in the section. Sec. 241.154. AUTHORIZED REQUEST. (a) Requires a hospital, not later than the 15th day after receipt of a request, to make information available for examination and provide a copy to the authorized requestor, if requested, or inform the requestor if the information does not exist or cannot be found. (b) Authorizes the hospital to charge a reasonable fee for providing the health care information. Declares that the hospital is not required to permit examination or copying until the fee is paid, unless there is a medical emergency. Prohibits the fee from exceeding a certain sum, which is based on several, specified factors. (c) Requires the fee for providing health care information as specified in this section, effective September 1, 1996, and annually thereafter, to be adjusted accordingly based on certain changes to the consumer price index. Sec. 241.155. SAFEGUARDS FOR SECURITY OF HEALTH CARE INFORMATION. Requires a hospital to adopt and implement reasonable safeguards for the security of all health care information it maintains. Sec. 241.156. PATIENT REMEDIES. (a) Authorizes a person aggrieved by a violation of this subchapter relating to the unauthorized release of confidential information to bring an action for appropriate injunctive relief and damages resulting from the release. (b) Requires an action under Subsection (a) to be brought in the district court of the county in which the patient resides; the district court of the county in which the patient's legally authorized representative resides, if the patient is deceased; or the district court of Travis County, if the patient or a legally authorized representative is not a resident of this state. (c) Declares that a petition for injunctive relief under Subsection (a)(1) takes precedence over all civil matters on the court docket, except those matters to which equal precedence on the docket is granted by law. SECTION 2. Amends Section 1.03(a), Medical Practice Act (Article 4495b, V.T.C.S.), by adding Subdivisions (17) and (18), to define "legally authorized representative" and "medical records." SECTION 3. Amends Sections 5.08(g) and (h), Medical Practice Act (Article 4495b, V.T.C.S.), as follows: (g) Declares that exceptions to confidentiality or privilege in court or administrative proceedings exist under specified conditions, and adds the following: Subsection (7) adds that an exception to an involuntary civil commitment proceeding, proceeding for court-ordered treatment, or probable cause hearing falls under specified chapters of the Health and Safety Code, rather than certain codes in V.T.C.S, reference to which are is deleted; and Subsections (8), (9), (11) and (12) add certain conditions to this section on the exceptions to confidentiality or privilege in court or administrative proceedings. (h) Declares that exceptions to the privilege of confidentiality, in other than court or administrative proceedings, allowing disclosure of confidential information by a physician, exist only to specified persons, and adds Subsection (9), which specifies additional persons. SECTION 4. Amends Section 5.08(j)(2), Medical Practice Act (Article 4495b, V.T.C.S.), to prohibit a patient from maintaining an action against a physician for disclosure made in good-faith, if the physician did not have written notice that the authorization was revoked. SECTION 5. Amends Section 5.08(k), Medical Practice Act (Article 4495b, V.T.C.S.), to require a physician to furnish copies of medical records requested, including records received from a physician or other health care provider involved in the care or treatment of the patient, pursuant to a written request under Subsection (j) of this section. Authorizes the physician to delete confidential information about another patient or family member of the patient who has not consented to the release. Deletes a provision regarding required fees for the provision of information, and deletes the definition of "medical records." SECTION 6. Amends Section 5.08, Medical Practice Act, (Article 4495b, V.T.C.S.), by adding Subsections (o) and (p), as follows: (o) Authorizes the physician to charge a reasonable fee for copying records. Provides that the physician is not required to permit access to the records until payment of the fee, unless there is a medical emergency. Requires the Texas State Board of Medical Examiners, by rule, to prescribe what constitute reasonable fees. (p) Prohibits a physician from charging a fee for copying medical records under Subsection (o) to the extent that the fee is prohibited under Chapter 161M, Health and Safety Code. SECTION 7. Amends Section 611.004, Health and Safety Code, as follows: Sec. 611.004. New heading: AUTHORIZES DISCLOSURE OF CONFIDENTIAL INFORMATION OTHER THAN IN JUDICIAL OR ADMINISTRATIVE PROCEEDING. Authorizes a professional to disclose confidential information only to specified persons or under specified conditions, and adds the following: to health care personnel of a penal or other custodial institution in which the patient is detained if the disclosure is for the sole purpose of providing health care to the patient; to an employee or agent of the professional who required mental health care information to provide mental health care services or in complying with statutory, licensing, or accreditation requirements under certain circumstances; or to satisfy a request for medical records of a deceased or incompetent person pursuant to Section 4.01(e), Article 4690i, V.T.C.S. Deletes the condition of in a civil action or in a criminal case or criminal law matter as otherwise allowed by law or rule. SECTION 8. Adds Sections 611.006-611.008 to Chapter 611, Health and Safety Code, as follows: Sec. 611.006. AUTHORIZED DISCLOSURE OF CONFIDENTIAL INFORMATION IN JUDICIAL OR ADMINISTRATIVE PROCEEDING. (a) Sets forth conditions under which a professional is authorized to disclose confidential information in a judicial or administrative proceeding. (b) Requires the court, on granting an order, to impose appropriate safeguards against unauthorized disclosure. Sec. 611.007. REVOCATION OF CONSENT. (a) Authorizes a patient or authorized representative to revoke a disclosure consent at any time, except as provided by Subsection (b). States that a revocation is valid only if it is written, dated, and signed by the patient or representative. (b) Prohibits a patient from revoking a disclosure that is required for making payment for services provided to the patient. (c) Prohibits a patient from maintaining an action against a professional for a disclosure made in good faith, if the professional did not have written notice of the revocation. Sec. 611.008. REQUEST BY PATIENT. (a) Requires a professional, not later than the 15th day after receiving a request from a patient to examine the patient's records, to make the information available and provide a copy, if requested, and inform the patient if the information does not exist or cannot be found. (b) Authorizes a professional to charge a reasonable fee for copying information. States that the professional is not required to permit access to information until payment of the fee, unless there is a medical emergency. (c) Prohibits a professional from charging a fee for copying mental health care information under Subsection (b) to the extent the fee is prohibited under Chapter 161M. SECTION 9. States that Sections 241.152(g) and 611.008(c), Health and Safety Code, and Section 5.08(p), Article 4495b, V.T.C.S., take effect only if S.B. 133, 74th Legislature, Regular Session, is enacted and becomes law. Provides that if S.B. 133 does not become law, this Act has no effect. SECTION 10. States that this Act applies to specified information on or after January 1, 1996. SECTION 11. Effective date: September 1, 1995. SECTION 12. Emergency clause. SUMMARY OF COMMITTEE ACTION S.B. 667 was considered by the Public Health Committee in a public hearing on May 9, 1995. The following persons testified in favor of the bill: Chet Brooks, representing self and Smart Corportation. Teresa Benavidez, representing self and Texas Health Information Association. Lance Seach, representing self. Denny O'Neill, representing self and Medical Interface, Inc. Carol Taylor, representing Texas Trial Lawyers Assn. Charles Bailey, representing Texas Hospital Association. Representative Craig Eiland, representing self. The bill was reported favorably without amendment, with the recommendation that it do pass and be printed, by a record vote of 7 AYES, 0 NAYS, 0 PNV, and 2 ABSENT.