BILL ANALYSIS

H.B. 3248

By: Smith

Judiciary & Civil Jurisprudence

Committee Report (Unamended)

BACKGROUND AND PURPOSE

It has been suggested that recently enacted legislation updating the uniform medical authorization form for the release of protected health information in a health care liability claim inadvertently provided for the inclusion of the patient's place of birth on the form rather than the patient’s date of birth as required by HIPAA. To ensure that the form is HIPAA compliant, H.B. 3248 seeks to revise the content of the form to provide for the inclusion of the patient's date of birth. 

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. 3248 amends the Civil Practice and Remedies Code to replace a patient's place of birth with the patient's date of birth on a medical authorization form for release of protected health information that is required to accompany notice of a health care liability claim.

EFFECTIVE DATE

On passage, or, if the bill does not receive the necessary vote, September 1, 2019.