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.