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                                  * * * * *