1-1 By: Moncrief S.B. No. 752
1-2 (In the Senate - Filed February 25, 1997; February 27, 1997,
1-3 read first time and referred to Committee on Health and Human
1-4 Services; April 1, 1997, reported favorably, as amended, by the
1-5 following vote: Yeas 11, Nays 0; April 1, 1997, sent to printer.)
1-6 COMMITTEE AMENDMENT NO. 1 By: Carona
1-7 Amend S.B. No. 752 in SECTION 1, Subdivision (11), Section 241.153
1-8 (page 2, lines 1 and 2, between "(8)" and "." by adding the
1-9 following:
1-10 "or eye bank as defined in Section 692.002(4)"
1-11 COMMITTEE AMENDMENT NO. 2 By: Nixon
1-12 Amend S.B. No. 752 on page 2, line 2 by inserting the following
1-13 between "(8)" and ".":
1-14 "based on notification by a hospital, to the extent
1-15 authorized or required by state or federal law".
1-16 A BILL TO BE ENTITLED
1-17 AN ACT
1-18 relating to the disclosure of health care information.
1-19 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
1-20 SECTION 1. Section 241.153, Health and Safety Code, is
1-21 amended to read as follows:
1-22 Sec. 241.153. DISCLOSURE WITHOUT WRITTEN AUTHORIZATION. A
1-23 patient's health care information may be disclosed without the
1-24 patient's authorization if the disclosure is:
1-25 (1) to a health care provider who is rendering health
1-26 care to the patient when the request for the disclosure is made;
1-27 (2) to an employee or agent of the hospital who
1-28 requires health care information for health care education, quality
1-29 assurance, or peer review or for assisting the hospital in the
1-30 delivery of health care or in complying with statutory, licensing,
1-31 accreditation, or certification requirements and if the hospital
1-32 takes appropriate action to ensure that the employee or agent:
1-33 (A) will not use or disclose the health care
1-34 information for any other purpose; and
1-35 (B) will take appropriate steps to protect the
1-36 health care information;
1-37 (3) to a federal, state, or local government agency or
1-38 authority to the extent authorized or required by law;
1-39 (4) to a hospital that is the successor in interest to
1-40 the hospital maintaining the health care information;
1-41 (5) for use in a research project authorized by an
1-42 institutional review board under federal law;
1-43 (6) to health care personnel of a penal or other
1-44 custodial institution in which the patient is detained if the
1-45 disclosure is for the sole purpose of providing health care to the
1-46 patient;
1-47 (7) to facilitate reimbursement by a health benefit
1-48 plan to a hospital, other health care provider, or the patient for
1-49 medical services or supplies;
1-50 (8) to a health maintenance organization for purposes
1-51 of maintaining a statistical reporting system as required by a rule
1-52 adopted by a state agency or regulations adopted under the federal
1-53 Health Maintenance Organization Act of 1973, as amended (42 U.S.C.
1-54 Section 300 et seq.);
1-55 (9) to satisfy a request for medical records of a
1-56 deceased or incompetent person pursuant to Section 4.01(e), Medical
1-57 Liability and Insurance Improvement Act of Texas (Article 4590i,
1-58 Vernon's Texas Civil Statutes); [or]
1-59 (10) to a court pursuant to a court order or court
1-60 subpoena; or
1-61 (11) to a qualified organ or tissue procurement
1-62 organization as defined in Section 692.002(8).
1-63 SECTION 2. This Act takes effect September 1, 1997.
1-64 SECTION 3. The importance of this legislation and the
2-1 crowded condition of the calendars in both houses create an
2-2 emergency and an imperative public necessity that the
2-3 constitutional rule requiring bills to be read on three several
2-4 days in each house be suspended, and this rule is hereby suspended.
2-5 * * * * *