BILL ANALYSIS

 

 

Senate Research Center                                                                                                     H.B. 2195

79R8883 RMB-D                                                                                        By: Madden (Whitmire)

                                                                                                                                   Criminal Justice

                                                                                                                                            5/16/2005

                                                                                                                                           Engrossed

 

 

AUTHOR'S/SPONSOR'S STATEMENT OF INTENT

 

Current Texas law provides the Correctional Managed Health Care Committee the ability to  exchange inmate health care information between The University of Texas Medical Branch, Texas Tech University Health Sciences Center, and the Texas Department of Criminal Justice (TDCJ). 

 

HB 2195 amends the  Health and Safety Code to clarify current law, that university health care providers may continue exchanging inmate's health care information with TDCJ health care personnel without authorization of the defendant or inmate. 

 

RULEMAKING AUTHORITY

 

This bill does not expressly grant any additional rulemaking authority to a state officer, institution, or agency.

 

SECTION BY SECTION ANALYSIS

 

SECTION 1.  Amends Subchapter G, Chapter 241, Health and Safety Code, by adding Section 241.1531, as follows:

 

Sec. 241.1531.  EXCHANGE OF INMATE'S HEALTH CARE INFORMATION.  Authorizes the health care information of a patient who is a defendant or inmate confined in a facility operated by or under a contract with the Texas Department of Criminal Justice (department), notwithstanding any other law of this state, to be exchanged between health care personnel of the department and health care personnel of The University of Texas Medical Branch at Galveston or the Texas Tech University Health Sciences Center.  Provides that the authorization of the defendant or inmate is not required for the exchange of information.

 

SECTION 2.  Provides that the change in law made by Section 241.1531, Health and Safety Code, as added by this Act, is intended to clarify, rather than change, existing law.

 

SECTION 3.  Effective date:  upon passage or September 1, 2005.