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A BILL TO BE ENTITLED
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AN ACT
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relating to public access to certain information and materials |
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relating to certain hospital inspections and investigations. |
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BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
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SECTION 1. Section 241.051(d), Health and Safety Code, is |
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amended to read as follows: |
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(d) Information [All information and materials] obtained or |
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compiled by the department in connection with a complaint or [and] |
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investigation that is [concerning a hospital are] confidential by |
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law, such as individually identifiable information concerning a |
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patient or health care professional, is [and] not subject to |
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disclosure under Chapter 552 [Section 552.001 et seq.], Government |
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Code[, and not subject to disclosure, discovery, subpoena, or other
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means of legal compulsion for their release to anyone other than the
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department or its employees or agents involved in the enforcement
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action except that this information may be disclosed to:
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[(1)
persons involved with the department in the
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enforcement action against the hospital;
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[(2)
the hospital that is the subject of the
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enforcement action, or the hospital's authorized representative;
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[(3)
appropriate state or federal agencies that are
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authorized to inspect, survey, or investigate hospital services;
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[(4) law enforcement agencies; and
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[(5)
persons engaged in bona fide research, if all
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individual-identifying and hospital-identifying information has
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been deleted]. |
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SECTION 2. Section 577.013(d), Health and Safety Code, is |
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amended to read as follows: |
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(d) Information [All information and materials] obtained or |
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compiled by the department in connection with a complaint or [and] |
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investigation that is [concerning a mental hospital licensed under
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this chapter are] confidential by law, such as individually |
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identifiable information concerning a patient or health care |
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professional, is [and] not subject to disclosure under Chapter 552, |
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Government Code [, discovery, subpoena, or other means of legal
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compulsion for their release to anyone other than the department or
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its employees or agents involved in the enforcement action except
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that this information may be disclosed to:
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[(1)
persons involved with the department in the
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enforcement action against the licensed mental hospital;
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[(2)
the licensed mental hospital that is the subject
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of the enforcement action, or the licensed mental hospital's
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authorized representative;
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[(3)
appropriate state or federal agencies that are
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authorized to inspect, survey, or investigate licensed mental
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hospital services;
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[(4) law enforcement agencies; and
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[(5)
persons engaged in bona fide research, if all
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individual-identifying information and information identifying the
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licensed mental hospital has been deleted]. |
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SECTION 3. Sections 241.051(e) and 577.013(e), Health and |
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Safety Code, are repealed. |
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SECTION 4. This Act takes effect September 1, 2017. |