SRC-AXB H.B. 2827 76(R)   BILL ANALYSIS


Senate Research Center   H.B. 2827
76R7299  KLA-DBy: Isett (Nelson)
Health Services
5/3/1999
Engrossed


DIGEST 

Currently, some hospitals use one document to obtain patient consent for
medical treatment and authorization to disclose health care information.
In such a case, consent to treatment is tied to consent to release personal
information.  H.B. 2827 specifies the separation of such documents to
authorize their validity. 

PURPOSE

As proposed, H.B. 2827 expands validity limitations for a hospital's
disclosure authorization to include a requirement that such authorization
is not in, or part of, the same document that contains the consent to
medical treatment obtained from the patient. 

RULEMAKING AUTHORITY

This bill does not grant any additional rulemaking authority to a state
officer, institution, or agency. 

SECTION BY SECTION ANALYSIS

SECTION 1.  Amends Section 241.152(b), Health and Safety Code, to provide
that a disclosure authorization to a hospital is valid only if the
authorization is not in the same document that contains the consent to
medical treatment obtained from the patient. 

SECTION 2.  Effective date:  September 1, 1999.
  Makes application of this Act prospective.

SECTION 3.  Emergency clause.