SRC-CDH S.B. 443 75(R)    BILL ANALYSIS


Senate Research CenterS.B. 443
By: Moncrief
Jurisprudence
2-20-97
As Filed


DIGEST 

Currently, Texas law provides no legal remedy for individuals who are
wrongly referred to psychiatric facilities and who receive medically
unnecessary services.  An interim study prior to the 73rd Legislature
uncovered significant abuses by psychiatric facilities, including
fraudulent referrals and admissions of individuals who had no need of
psychiatric services.  While the legislature passed several psychiatric
hospital reform measures during the 73rd legislative session, problems
remain. This legislation provides a mechanism whereby persons can expunge
information regarding medically unnecessary psychiatric admissions and
services from their medical records.  

PURPOSE

As proposed, S.B. 443 establishes the remedies for fraudulent referrals to
mental health facilities and provides penalties.   

RULEMAKING AUTHORITY

This bill does not grant any additional rulemaking authority to a state
officer, institution, or agency. 

SECTION BY SECTION ANALYSIS

SECTION 1.  Amends Title 4G, Health and Safety Code, by adding Chapter
322, as follows: 

CHAPTER 322.  EXPUNCTION OF RECORDS RELATING TO CERTAIN MENTAL HEALTH
FACILITY ADMISSIONS 

Sec. 322.001.  DEFINITION.  Defines "mental health facility."

Sec. 322.002.  RIGHT TO EXPUNCTION.  Provides that a person who has been
admitted to a mental health facility is entitled to have all records and
files relating to the admission expunged if the admission has been found
by a court to have been medically unnecessary; the person has been
released from the facility; and the person has not been readmitted to a
facility within a certain time period. 

Sec. 322.003.  PROCEDURE FOR EXPUNCTION.  Authorizes a person who is
entitled to expunction of records under Section 322.003 to file a petition
requesting expunction in a court of appropriate jurisdiction.  Requires
the petitioner to provide a list of all health care providers, hospitals,
individuals, and facilities believed to have records or files subject to
expunction.  Sets forth the terms by which the court is required to set a
hearing; give notice of the hearing; and enter an order directing
expunction and directing the individuals or entities to turn over all
appropriate records and files.  Establishes the conditions by which each
individual and entity named in the order is required to relinquish or
obliterate the relevant records and files.  Establishes that the court
records concerning the expunction proceeding are not open for inspection
except by the petitioner. 

Sec. 322.004.  EFFECT OF EXPUNCTION.  Prohibits the release,
dissemination, or use of the expunged records and files after entry of an
expunction order; and authorizes the petitioner to deny the occurrence of
the admission and the existence of the expunction order. Prohibits the
petitioner, on entry of an expunction order, from pursuing any cause of
action  
 
arising from the activities memorialized in the expunged records against
the facility or health care providers subject to the expunction.   

Sec. 322.005.  VIOLATION OF EXPUNCTION ORDER.  Provides that a person who
acquires knowledge of an admission to a mental health facility and who
knows of an order expunging the records and files relating to that
admission commits a Class A misdemeanor if the person knowingly releases,
disseminates, or otherwise uses the records or files.   

Sec. 322.006.   EXPIRATION OF CHAPTER.  Provides that this chapter expires
January 1, 2005. 

SECTION 2.  Effective date:  September 1, 1997.

SECTION 3.  Emergency clause.