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A BILL TO BE ENTITLED
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AN ACT
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relating to a designated agent's access to a principal's medical and |
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health care information. |
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BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
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SECTION 1. Subchapter D, Chapter 166, Health and Safety |
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Code, is amended by adding Section 166.1641 to read as follows: |
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Sec. 166.1641. AUTHORITY OF AN AGENT PRIOR TO A COMPETENCY |
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DETERMINATION. To ensure appropriate access to medical and health |
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care information under the federal Health Insurance Portability and |
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Accountability Act of 1996 (42 U.S.C. Section 1320d et seq.) and its |
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accompanying regulations, prior to a determination of competency |
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under Section 166.152, the person named as an agent in a medical |
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power of attorney is a personal representative for the purpose of |
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reviewing or determining the patient's competency. |
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SECTION 2. This Act takes effect September 1, 2007. |