By: Gallegos S.B. No. 1113
(In the Senate - Filed March 8, 2005; March 21, 2005, read
first time and referred to Committee on Health and Human Services;
April 18, 2005, reported adversely, with favorable Committee
Substitute by the following vote: Yeas 9, Nays 0; April 18, 2005,
sent to printer.)
COMMITTEE SUBSTITUTE FOR S.B. No. 1113 By: Gallegos
A BILL TO BE ENTITLED
AN ACT
relating to allowing a hospital to release protected health
information of a patient to emergency medical services providers
for treatment, payment, and health care operations.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
SECTION 1. Section 241.153, Health and Safety Code, is
amended to read as follows:
Sec. 241.153. DISCLOSURE WITHOUT WRITTEN AUTHORIZATION. A
patient's health care information may be disclosed without the
patient's authorization if the disclosure is:
(1) directory information, unless the patient has
instructed the hospital not to make the disclosure or the directory
information is otherwise protected by state or federal law;
(2) to a health care provider who is rendering health
care to the patient when the request for the disclosure is made;
(3) to a transporting emergency medical services
provider for the [sole] purpose of:
(A) treatment or payment, as those terms are
defined by the regulations adopted under the Health Insurance
Portability and Accountability Act of 1996 (Pub. L. No. 104-191)
[determining the patient's diagnosis and the outcome of the
patient's hospital admission]; or
(B) the following health care operations
described by the regulations adopted under the Health Insurance
Portability and Accountability Act of 1996 (Pub. L. No. 104–191):
(i) quality assessment and improvement
activities;
(ii) specified insurance functions;
(iii) conducting or arranging for medical
reviews; or
(iv) competency assurance activities;
(4) to a member of the clergy specifically designated
by the patient;
(5) to a qualified organ or tissue procurement
organization as defined in Section 692.002 for the purpose of
making inquiries relating to donations according to the protocol
referred to in Section 692.013(d);
(6) to a prospective health care provider for the
purpose of securing the services of that health care provider as
part of the patient's continuum of care, as determined by the
patient's attending physician;
(7) to a person authorized to consent to medical
treatment under Chapter 313 or to a person in a circumstance
exempted from Chapter 313 to facilitate the adequate provision of
treatment;
(8) to an employee or agent of the hospital who
requires health care information for health care education, quality
assurance, or peer review or for assisting the hospital in the
delivery of health care or in complying with statutory, licensing,
accreditation, or certification requirements and if the hospital
takes appropriate action to ensure that the employee or agent:
(A) will not use or disclose the health care
information for any other purpose; and
(B) will take appropriate steps to protect the
health care information;
(9) to a federal, state, or local government agency or
authority to the extent authorized or required by law;
(10) to a hospital that is the successor in interest to
the hospital maintaining the health care information;
(11) to the American Red Cross for the specific
purpose of fulfilling the duties specified under its charter
granted as an instrumentality of the United States government;
(12) to a regional poison control center, as the term
is used in Chapter 777, to the extent necessary to enable the center
to provide information and education to health professionals
involved in the management of poison and overdose victims,
including information regarding appropriate therapeutic use of
medications, their compatibility and stability, and adverse drug
reactions and interactions;
(13) to a health care utilization review agent who
requires the health care information for utilization review of
health care under Article 21.58A, Insurance Code;
(14) for use in a research project authorized by an
institutional review board under federal law;
(15) to health care personnel of a penal or other
custodial institution in which the patient is detained if the
disclosure is for the sole purpose of providing health care to the
patient;
(16) to facilitate reimbursement to a hospital, other
health care provider, or the patient for medical services or
supplies;
(17) to a health maintenance organization for purposes
of maintaining a statistical reporting system as required by a rule
adopted by a state agency or regulations adopted under the federal
Health Maintenance Organization Act of 1973, as amended (42 U.S.C.
Section 300 et seq.);
(18) to satisfy a request for medical records of a
deceased or incompetent person pursuant to Section 74.051(e), Civil
Practice and Remedies Code [4.01(e), Medical Liability and
Insurance Improvement Act of Texas (Article 4590i, Vernon's Texas
Civil Statutes)];
(19) to comply with a court order except as provided by
Subdivision (20); or
(20) related to a judicial proceeding in which the
patient is a party and the disclosure is requested under a subpoena
issued under:
(A) the Texas Rules of Civil Procedure or Code of
Criminal Procedure; or
(B) Chapter 121, Civil Practice and Remedies
Code.
SECTION 2. This Act takes effect September 1, 2005.
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