By Isett, Maxey, Clark, et al. H.B. No. 2827
76R7299 KLA-D
A BILL TO BE ENTITLED
1-1 AN ACT
1-2 relating to the validity of an authorization to disclose health
1-3 care information.
1-4 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
1-5 SECTION 1. Section 241.152(b), Health and Safety Code, is
1-6 amended to read as follows:
1-7 (b) A disclosure authorization to a hospital is valid only
1-8 if it:
1-9 (1) is in writing;
1-10 (2) is dated and signed by the patient or the
1-11 patient's legally authorized representative;
1-12 (3) identifies the information to be disclosed; [and]
1-13 (4) identifies the person or entity to whom the
1-14 information is to be disclosed; and
1-15 (5) is not contained in the same document that
1-16 contains the consent to medical treatment obtained from the
1-17 patient.
1-18 SECTION 2. This Act takes effect September 1, 1999, and
1-19 applies only to the disclosure of health care information on or
1-20 after that date. The disclosure of health care information before
1-21 the effective date of this Act is governed by the law in effect on
1-22 the date of disclosure, and the former law is continued in effect
1-23 for that purpose.
1-24 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.