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.