1-1 AN ACT
1-2 relating to disclosure of certain health care information by a
1-3 hospital employee to a patient's clergyperson.
1-4 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
1-5 SECTION 1. Section 241.153, Health and Safety Code, is
1-6 amended to read as follows:
1-7 Sec. 241.153. DISCLOSURE WITHOUT WRITTEN AUTHORIZATION. A
1-8 patient's health care information may be disclosed without the
1-9 patient's authorization if the disclosure is:
1-10 (1) to a health care provider who is rendering health
1-11 care to the patient when the request for the disclosure is made;
1-12 (2) to an employee or agent of the hospital who
1-13 requires health care information for health care education, quality
1-14 assurance, or peer review or for assisting the hospital in the
1-15 delivery of health care or in complying with statutory, licensing,
1-16 accreditation, or certification requirements and if the hospital
1-17 takes appropriate action to ensure that the employee or agent:
1-18 (A) will not use or disclose the health care
1-19 information for any other purpose; and
1-20 (B) will take appropriate steps to protect the
1-21 health care information;
1-22 (3) to a federal, state, or local government agency or
1-23 authority to the extent authorized or required by law;
1-24 (4) to a hospital that is the successor in interest to
2-1 the hospital maintaining the health care information;
2-2 (5) for use in a research project authorized by an
2-3 institutional review board under federal law;
2-4 (6) to health care personnel of a penal or other
2-5 custodial institution in which the patient is detained if the
2-6 disclosure is for the sole purpose of providing health care to the
2-7 patient;
2-8 (7) to facilitate reimbursement by a health benefit
2-9 plan to a hospital, other health care provider, or the patient for
2-10 medical services or supplies;
2-11 (8) to a health maintenance organization for purposes
2-12 of maintaining a statistical reporting system as required by a rule
2-13 adopted by a state agency or regulations adopted under the federal
2-14 Health Maintenance Organization Act of 1973, as amended (42 U.S.C.
2-15 Section 300 et seq.);
2-16 (9) to satisfy a request for medical records of a
2-17 deceased or incompetent person pursuant to Section 4.01(e), Medical
2-18 Liability and Insurance Improvement Act of Texas (Article 4590i,
2-19 Vernon's Texas Civil Statutes); [or]
2-20 (10) to a court pursuant to a court order or court
2-21 subpoena; or
2-22 (11) to a member of the clergy specifically designated
2-23 by the patient.
2-24 SECTION 2. This Act takes effect September 1, 1997, and
2-25 applies to the disclosure of health care information on or after
2-26 that date. Health care information disclosed before that date is
2-27 governed by the law in effect when the information was disclosed,
3-1 and that law is continued in effect for that purpose.
3-2 SECTION 3. The importance of this legislation and the
3-3 crowded condition of the calendars in both houses create an
3-4 emergency and an imperative public necessity that the
3-5 constitutional rule requiring bills to be read on three several
3-6 days in each house be suspended, and this rule is hereby suspended.
_______________________________ _______________________________
President of the Senate Speaker of the House
I certify that H.B. No. 889 was passed by the House on April
3, 1997, by a non-record vote.
_______________________________
Chief Clerk of the House
I certify that H.B. No. 889 was passed by the Senate on May
26, 1997, by the following vote: Yeas 31, Nays 0.
_______________________________
Secretary of the Senate
APPROVED: _____________________
Date
_____________________
Governor