1-1     By:  Isett, Maxey, Clark, et al.                      H.B. No. 2827
 1-2          (Senate Sponsor - Nelson)
 1-3           (In the Senate - Received from the House April 26, 1999;
 1-4     April 27, 1999, read first time and referred to Committee on Health
 1-5     Services; May 5, 1999, reported favorably by the following vote:
 1-6     Yeas 4, Nays 0; May 5, 1999, sent to printer.)
 1-7                            A BILL TO BE ENTITLED
 1-8                                   AN ACT
 1-9     relating to the validity of an authorization to disclose health
1-10     care information.
1-11           BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
1-12           SECTION 1.  Section 241.152(b), Health and Safety Code, is
1-13     amended to read as follows:
1-14           (b)  A disclosure authorization to a hospital is valid only
1-15     if it:
1-16                 (1)  is in writing;
1-17                 (2)  is dated and signed by the patient or the
1-18     patient's legally authorized representative;
1-19                 (3)  identifies the information to be disclosed; [and]
1-20                 (4)  identifies the person or entity to whom the
1-21     information is to be disclosed; and
1-22                 (5)  is not contained in the same document that
1-23     contains the consent to medical treatment obtained from the
1-24     patient.
1-25           SECTION 2.  This Act takes effect September 1, 1999, and
1-26     applies only to the disclosure of health care information on or
1-27     after that date.  The disclosure of health care information before
1-28     the effective date of this Act is governed by the law in effect on
1-29     the date of disclosure, and the former law is continued in effect
1-30     for that purpose.
1-31           SECTION 3.  The importance of this legislation and the
1-32     crowded condition of the calendars in both houses create an
1-33     emergency and an imperative public necessity that the
1-34     constitutional rule requiring bills to be read on three several
1-35     days in each house be suspended, and this rule is hereby suspended.
1-36                                  * * * * *