By: Moncrief S.B. No. 752
97S0507/1
A BILL TO BE ENTITLED
AN ACT
1-1 relating to the disclosure of health care information.
1-2 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
1-3 SECTION 1. Section 241.153, Health and Safety Code, is
1-4 amended to read as follows:
1-5 Sec. 241.153. DISCLOSURE WITHOUT WRITTEN AUTHORIZATION. A
1-6 patient's health care information may be disclosed without the
1-7 patient's authorization if the disclosure is:
1-8 (1) to a health care provider who is rendering health
1-9 care to the patient when the request for the disclosure is made;
1-10 (2) to an employee or agent of the hospital who
1-11 requires health care information for health care education, quality
1-12 assurance, or peer review or for assisting the hospital in the
1-13 delivery of health care or in complying with statutory, licensing,
1-14 accreditation, or certification requirements and if the hospital
1-15 takes appropriate action to ensure that the employee or agent:
1-16 (A) will not use or disclose the health care
1-17 information for any other purpose; and
1-18 (B) will take appropriate steps to protect the
1-19 health care information;
1-20 (3) to a federal, state, or local government agency or
1-21 authority to the extent authorized or required by law;
1-22 (4) to a hospital that is the successor in interest to
1-23 the hospital maintaining the health care information;
2-1 (5) for use in a research project authorized by an
2-2 institutional review board under federal law;
2-3 (6) to health care personnel of a penal or other
2-4 custodial institution in which the patient is detained if the
2-5 disclosure is for the sole purpose of providing health care to the
2-6 patient;
2-7 (7) to facilitate reimbursement by a health benefit
2-8 plan to a hospital, other health care provider, or the patient for
2-9 medical services or supplies;
2-10 (8) to a health maintenance organization for purposes
2-11 of maintaining a statistical reporting system as required by a rule
2-12 adopted by a state agency or regulations adopted under the federal
2-13 Health Maintenance Organization Act of 1973, as amended (42 U.S.C.
2-14 Section 300 et seq.);
2-15 (9) to satisfy a request for medical records of a
2-16 deceased or incompetent person pursuant to Section 4.01(e), Medical
2-17 Liability and Insurance Improvement Act of Texas (Article 4590i,
2-18 Vernon's Texas Civil Statutes); [or]
2-19 (10) to a court pursuant to a court order or court
2-20 subpoena; or
2-21 (11) to a qualified organ or tissue procurement
2-22 organization as defined in Section 692.002(8).
2-23 SECTION 2. This Act takes effect September 1, 1997.
2-24 SECTION 3. The importance of this legislation and the
2-25 crowded condition of the calendars in both houses create an
3-1 emergency and an imperative public necessity that the
3-2 constitutional rule requiring bills to be read on three several
3-3 days in each house be suspended, and this rule is hereby suspended.