HBA-TBM, CCH H.B. 964 77(R)    BILL ANALYSIS


Office of House Bill AnalysisH.B. 964
By: Dunnam
Public Health
3/6/2001
Introduced



BACKGROUND AND PURPOSE 

Under current law, the medical records of a deceased patient may only be
released with the written consent of a personal representative of the
patient.  With respect to probate, this provision is often being
interpreted to mean a duly appointed independent executor or administrator
of the patient's estate.  It is possible that this interpretation may be
used to prevent the family of a deceased patient from accessing the
patient's records.  House Bill 964 authorizes the release of a deceased
patient's medical records at the consent of the patient's family.   

RULEMAKING AUTHORITY

It is the opinion of the Office of House Bill Analysis that this bill does
not expressly delegate any additional rulemaking authority to a state
officer, department, agency, or institution. 

ANALYSIS

House Bill 964 amends the Occupations Code to provide for the release of
confidential medical information of a deceased patient upon written consent
of a surviving spouse, parent, sibling, an adult child of the patient, a
person acting on behalf of a surviving minor child of the patient,
including a managing conservator or an attorney representing the child, or
a personal representative of the patient appointed by a court to represent
the patient's estate. 

EFFECTIVE DATE

September 1, 2001.