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.