BILL ANALYSIS

H.B. 1779

By: Murr

Judiciary & Civil Jurisprudence

Committee Report (Unamended)

BACKGROUND AND PURPOSE

Concerned parties report that the Health and Safety Code is straightforward about when a hospital may disclose confidential patient information, but the Occupations Code is not as clear about when a physician may disclose such information. The parties contend that Occupations Code provisions regarding disclosure of confidential patient information in a judicial proceeding should be the same as those provisions in the Health and Safety Code. H.B. 1779 seeks to accomplish such uniformity to alleviate the administrative burdens on health care systems and ensure adequate protection for confidential patient information. 

CRIMINAL JUSTICE IMPACT

It is the committee's opinion that this bill does not expressly create a criminal offense, increase the punishment for an existing criminal offense or category of offenses, or change the eligibility of a person for community supervision, parole, or mandatory supervision.

RULEMAKING AUTHORITY

It is the committee's opinion that this bill does not expressly grant any additional rulemaking authority to a state officer, department, agency, or institution.

ANALYSIS

H.B. 1779 amends the Occupations Code to specify that the exception to the privilege of physician-patient confidentiality in a court or administrative proceeding exists in a judicial proceeding in which the patient is a party and the disclosure is requested under a subpoena issued under the Texas Rules of Civil Procedure, the Code of Criminal Procedure, or provisions governing acknowledgments and proofs of written instruments under the Civil Practice and Remedies Code.

EFFECTIVE DATE

September 1, 2015.