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 * * * * *