1-1 By: Craddick, Berlanga (Senate Sponsor - Bivins) H.B. No. 889
1-2 (In the Senate - Received from the House April 4, 1997;
1-3 April 10, 1997, read first time and referred to Committee on Health
1-4 and Human Services; May 15, 1997, reported favorably by the
1-5 following vote: Yeas 9, Nays 0; May 15, 1997, sent to printer.)
1-6 A BILL TO BE ENTITLED
1-7 AN ACT
1-8 relating to disclosure of certain health care information by a
1-9 hospital employee to a patient's clergyperson.
1-10 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
1-11 SECTION 1. Section 241.153, Health and Safety Code, is
1-12 amended to read as follows:
1-13 Sec. 241.153. DISCLOSURE WITHOUT WRITTEN AUTHORIZATION. A
1-14 patient's health care information may be disclosed without the
1-15 patient's authorization if the disclosure is:
1-16 (1) to a health care provider who is rendering health
1-17 care to the patient when the request for the disclosure is made;
1-18 (2) to an employee or agent of the hospital who
1-19 requires health care information for health care education, quality
1-20 assurance, or peer review or for assisting the hospital in the
1-21 delivery of health care or in complying with statutory, licensing,
1-22 accreditation, or certification requirements and if the hospital
1-23 takes appropriate action to ensure that the employee or agent:
1-24 (A) will not use or disclose the health care
1-25 information for any other purpose; and
1-26 (B) will take appropriate steps to protect the
1-27 health care information;
1-28 (3) to a federal, state, or local government agency or
1-29 authority to the extent authorized or required by law;
1-30 (4) to a hospital that is the successor in interest to
1-31 the hospital maintaining the health care information;
1-32 (5) for use in a research project authorized by an
1-33 institutional review board under federal law;
1-34 (6) to health care personnel of a penal or other
1-35 custodial institution in which the patient is detained if the
1-36 disclosure is for the sole purpose of providing health care to the
1-37 patient;
1-38 (7) to facilitate reimbursement by a health benefit
1-39 plan to a hospital, other health care provider, or the patient for
1-40 medical services or supplies;
1-41 (8) to a health maintenance organization for purposes
1-42 of maintaining a statistical reporting system as required by a rule
1-43 adopted by a state agency or regulations adopted under the federal
1-44 Health Maintenance Organization Act of 1973, as amended (42 U.S.C.
1-45 Section 300 et seq.);
1-46 (9) to satisfy a request for medical records of a
1-47 deceased or incompetent person pursuant to Section 4.01(e), Medical
1-48 Liability and Insurance Improvement Act of Texas (Article 4590i,
1-49 Vernon's Texas Civil Statutes); [or]
1-50 (10) to a court pursuant to a court order or court
1-51 subpoena; or
1-52 (11) to a member of the clergy specifically designated
1-53 by the patient.
1-54 SECTION 2. This Act takes effect September 1, 1997, and
1-55 applies to the disclosure of health care information on or after
1-56 that date. Health care information disclosed before that date is
1-57 governed by the law in effect when the information was disclosed,
1-58 and that law is continued in effect for that purpose.
1-59 SECTION 3. The importance of this legislation and the
1-60 crowded condition of the calendars in both houses create an
1-61 emergency and an imperative public necessity that the
1-62 constitutional rule requiring bills to be read on three several
1-63 days in each house be suspended, and this rule is hereby suspended.