SRC-CDH S.B. 975 75(R)   BILL ANALYSIS


Senate Research Center   S.B. 975
By: Madla
Health & Human Services
4-14-97
As Filed


DIGEST 

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."  This legislation replaces the term "court
subpoena" with specific procedural references to the Civil Practice and
Remedies Code and the Texas Rules of Civil Procedure, and further
establishes the appropriate disclosure of certain health care information
by a hospital.     

PURPOSE

As proposed, S.B. 975 provides for the disclosure of health care
information by certain health care providers. 

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

SECTION 2. Amends Section 241.152(a), 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. 

SECTION 3. Amends Section 241.153, Health and Safety Code, to set forth
the terms under which a patient's health care information is authorized to
be disclosed without the patient's authorization if the disclosure is
directory information; authorized by an applicable professional health
care licensing act; to a transporting emergency medical services provider;
made by a member of the clergy carrying out the member's duties; to a
qualified organ or tissue procurement organization regarding potential
donations; to a prospective health care provider regarding services; to a
person authorized to consent to medical treatment 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. Repealer:  Section 241.152(g), Health and Safety Code
(regarding hospital fees for providing health care information). 

SECTION 6. Emergency clause.
  Effective date:  upon passage.