RLV S.B. 975 75(R)BILL ANALYSIS


PUBLIC HEALTH
S.B. 975
By: Madla (Van de Putte)
5-8-97
Committee Report (Unamended)


BACKGROUND 

Currently, the disclosure of a patient's hospital records is governed by
guidelines in S.B. 667, enacted by the 74th Legislature.  Since the
implementation of that Act, several problems have arisen regarding the
interpretation of its provisions, most notably, the interpretation of the
term "court subpoena."  
PURPOSE

S.B. 975 provides for the disclosure of health care information by certain
health care providers.  This bill replaces the term "court subpoena" with
specific procedural references to the Civil Practice and Remedies Code and
the Texas Rules of Civil Procedure. 

RULEMAKING AUTHORITY

It is the committee's opinion that this bill does not expressly grant any
additional rulemaking authority to a state officer, department, agency or
institution. 

SECTION BY SECTION ANALYSIS

SECTION 1. Amends Section 241.151, Health and Safety Code, to define
"directory information" and redefine "legally authorized representative."
Makes conforming changes. 

SECTION 2. Amends Sections 241.152(a) and (c), Health and Safety Code, to
prohibit a hospital or an agent or employee of a hospital from disclosing
health care information about a patient to any person other than the
patient or the patient's legally authorized representative without the
written authorization of those persons, with certain exceptions.  Provides
that a disclosure authorization is valid until the 180th, rather than the
90th, day after the date it is signed unless it provides otherwise or is
revoked. 

SECTION 3. Amends Section 241.153, Health and Safety Code,  to add to the
conditions under which a patient's health care information is authorized
to be disclosed without the patient's authorization, as follows: if the
disclosure is directory information; authorized by an applicable
professional health care licensing act; to a transporting emergency
medical services provider; to a member of the clergy specifically
designated by the patient; to a qualified organ or tissue procurement
organization regarding potential donations; to a prospective health care
provider regarding services; to certain persons to facilitate the adequate
provision of treatment; to the American Red Cross; to a regional poison
control center; to a health care utilization review agent; to facilitate
reimbursement to a hospital, rather than to facilitate reimbursement by a
health benefit plan to a hospital; to comply with a court order; or
related to a judicial proceeding in which the patient is a party and the
disclosure is requested under subpoena, rather than to a court pursuant to
a court order or court subpoena.  Makes conforming changes.    

SECTION 4. Amends Section 241.154, Health and Safety Code, to require a
hospital or its agent, as promptly as required but not later than the 15th
day after the date the request and payment authorized are received, to
make certain information available on receipt of a written authorization
from a patient or legally authorized representative.  Establishes the
conditions under which the hospital or its agent is authorized to charge a
reasonable fee, and provides that neither is required to permit the
release of the information requested until the fee is paid, unless there
is a medical emergency.  Prohibits a hospital from charging a fee for
certain services.  Requires the fee for  providing health care
information, effective September 1, 1996, and annually thereafter, to be
adjusted accordingly, based on the most recent changes to the consumer
price index as published by the Bureau of Labor Statistics of the U.S.
Department of Labor. 

SECTION 5. Repeals Section 241.152(g), Health and Safety Code (regarding
hospital fees for providing health care information). 

SECTION 6. Emergency clause.