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A BILL TO BE ENTITLED
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AN ACT
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relating to the appointment of a descendant as a personal |
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representative for the limited purpose of obtaining a deceased |
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patient's medical records from a state hospital. |
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BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
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SECTION 1. Subchapter A, Chapter 33, Estates Code, is |
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amended by adding Section 33.006 to read as follows: |
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Sec. 33.006. APPOINTMENT AS PERSONAL REPRESENTATIVE FOR THE |
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LIMITED PURPOSE OF OBTAINING DECEASED PATIENT'S MEDICAL RECORDS |
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FROM STATE HOSPITAL. (a) In this section: |
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(1) "Applicant" has the meaning provided by Section |
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457.001. |
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(2) "Patient" has the meaning provided by Section |
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552.0011, Health and Safety Code. |
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(3) "State hospital" has the meaning provided by |
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Section 552.0011, Health and Safety Code. |
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(b) Venue for a proceeding to appoint an applicant as a |
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personal representative for the limited purpose of obtaining a |
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deceased patient's medical records from a state hospital, as |
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described by Chapter 457, is in: |
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(1) the court of the county in which the deceased |
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patient's estate was or is being administered; |
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(2) the court of the county in which the applicant |
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resides; or |
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(3) the court of the county in which the state hospital |
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that the applicant is requesting medical records from is located. |
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SECTION 2. Subtitle J, Title 2, Estates Code, is amended by |
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adding Chapter 457 to read as follows: |
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CHAPTER 457. DECLARATION OF PERSONAL REPRESENTATIVE FOR THE |
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LIMITED PURPOSE OF OBTAINING DECEASED PATIENT'S MEDICAL RECORDS |
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FROM STATE HOSPITAL |
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SUBCHAPTER A. DEFINITIONS |
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Sec. 457.001. DEFINITIONS. In this chapter: |
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(1) "Adult" has the meaning provided by Section |
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1357.002. |
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(2) "Applicant" means an individual seeking to be |
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appointed as a personal representative for the limited purpose of |
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obtaining a deceased patient's medical records from a state |
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hospital. |
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(3) "Patient" has the meaning provided by Section |
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552.0011, Health and Safety Code. |
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(4) "State hospital" has the meaning provided by |
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Section 552.0011, Health and Safety Code. |
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SUBCHAPTER B. AUTHORIZATION AND PROCEDURES FOR COMMENCEMENT OF |
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PROCEEDING TO DECLARE APPLICANT AS PERSONAL REPRESENTATIVE FOR A |
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LIMITED PURPOSE |
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Sec. 457.051. GENERAL AUTHORIZATION FOR AND NATURE OF |
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PROCEEDING TO DECLARE APPLICANT AS PERSONAL REPRESENTATIVE FOR A |
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LIMITED PURPOSE. In the manner provided by this chapter, a court |
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may determine through a proceeding that an applicant qualifies as a |
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personal representative for the limited purpose of obtaining a |
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deceased patient's medical records from a state hospital. |
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Sec. 457.052. CIRCUMSTANCES UNDER WHICH APPLICANT MAY BE |
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DECLARED PERSONAL REPRESENTATIVE FOR A LIMITED PURPOSE. A court |
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may conduct a proceeding to declare an applicant as a personal |
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representative for the limited purpose of obtaining a deceased |
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patient's medical records from a state hospital if: |
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(1) the personal representative or personal |
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representatives of the deceased patient's estate are alive, but |
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have refused to assist the applicant in obtaining the deceased |
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patient's medical records from a state hospital; |
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(2) the personal representative or personal |
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representatives of the deceased patient's estate are deceased; |
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(3) a personal representative of the deceased |
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patient's estate has not been appointed on the date the application |
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was filed under Section 457.054; |
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(4) the names or locations of the personal |
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representative or personal representatives of the deceased |
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patient's estate are unknown; or |
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(5) the personal representative or personal |
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representatives of the deceased patient's estate reside in another |
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state or foreign country. |
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Sec. 457.053. PERSONS WHO MAY COMMENCE PROCEEDING TO |
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DECLARE APPLICANT AS PERSONAL REPRESENTATIVE FOR A LIMITED PURPOSE. |
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A proceeding to declare an applicant as a personal representative |
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for the limited purpose of obtaining a deceased patient's medical |
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records from a state hospital may be commenced and maintained under |
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a circumstance specified by Section 457.052 by an applicant who is a |
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descendant of a deceased patient of a state hospital. |
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Sec. 457.054. APPLICATION FOR PROCEEDING TO DECLARE |
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APPLICANT AS PERSONAL REPRESENTATIVE FOR A LIMITED PURPOSE. A |
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person authorized by Section 457.053 to commence a proceeding to |
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declare an applicant a personal representative for the limited |
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purpose of obtaining a deceased patient's medical records from a |
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state hospital must file an application in a court specified by |
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Section 33.006 to commence the proceeding. The application must |
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state: |
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(1) the deceased patient's name and date and place of |
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death; |
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(2) that the deceased patient had been a patient of a |
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named state hospital; |
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(3) that the applicant is a descendant of the deceased |
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patient; |
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(4) that the applicant is an adult; |
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(5) that the applicant is seeking to be appointed as a |
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personal representative for the limited purpose of obtaining the |
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deceased patient's medical records from the named state hospital; |
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and |
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(6) that, to the best of the applicant's knowledge, |
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releasing the medical records is not inconsistent with any prior |
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expressed preference of the deceased patient or personal |
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representatives of the deceased patient's estate. |
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Sec. 457.055. AFFIDAVIT SUPPORTING APPLICATION REQUIRED. |
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(a) An application filed under Section 457.054 must be supported by |
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the affidavit of the applicant. |
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(b) An affidavit of an applicant under Subsection (a) must |
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state that, to the applicant's knowledge: |
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(1) all the allegations in the application are true; |
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and |
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(2) no material fact or circumstance has been omitted |
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from the application. |
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Sec. 457.056. REQUIRED PARTIES TO PROCEEDING TO DECLARE |
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PERSONAL REPRESENTATIVE FOR A LIMITED PURPOSE. The personal |
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representative or personal representatives of the deceased |
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patient's estate, unless deceased or unknown, must be made a party |
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to a proceeding to declare an applicant as a personal |
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representative for the limited purpose of obtaining a deceased |
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patient's medical records from a state hospital. |
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SUBCHAPTER C. NOTICE OF PROCEEDING TO DECLARE APPLICANT AS PERSONAL |
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REPRESENTATIVE FOR A LIMITED PURPOSE |
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Sec. 457.101. SERVICE OF CITATION BY MAIL WHEN RECIPIENT'S |
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NAME AND ADDRESS ARE KNOWN OR ASCERTAINABLE. Citation in a |
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proceeding to declare a personal representative for the limited |
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purpose of obtaining a deceased patient's medical records from a |
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state hospital must be served by registered or certified mail on the |
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personal representative or personal representatives of the |
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deceased patient's estate unless the personal representative or |
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personal representatives of the deceased patient's estate are |
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deceased or unknown. |
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Sec. 457.102. WAIVER OF SERVICE OF CITATION. A personal |
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representative of the deceased patient's estate may waive citation |
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required by this subchapter. |
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Sec. 457.103. AFFIDAVIT OF SERVICE OF CITATION. (a) A |
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person who files an application under Section 457.054 shall file |
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with the court: |
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(1) a copy of any citation required by this subchapter |
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and the proof of delivery of service of the citation; and |
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(2) an affidavit sworn to by the applicant or a |
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certificate signed by the applicant's attorney stating: |
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(A) that the citation was served as required by |
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this subchapter; |
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(B) the name of each person to whom the citation |
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was served, if the person's name is not shown on the proof of |
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delivery; and |
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(C) if service of citation is waived under |
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Section 457.102, the name of each person who waived citation under |
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that section. |
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(b) The court may not enter an order in the proceeding to |
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declare an applicant as a personal representative for the limited |
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purpose of obtaining a deceased patient's medical records from a |
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state hospital under Subchapter E until the affidavit or |
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certificate required by Subsection (a) is filed. |
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SUBCHAPTER D. EVIDENCE IN PROCEEDING TO DECLARE APPLICANT AS |
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PERSONAL REPRESENTATIVE FOR A LIMITED PURPOSE |
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Sec. 457.151. EVIDENCE IN PROCEEDING TO DECLARE PERSONAL |
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REPRESENTATIVE FOR A LIMITED PURPOSE. (a) The court may require |
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that any testimony admitted as evidence in a proceeding to declare |
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a personal representative for the limited purpose of obtaining a |
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deceased patient's medical records from a state hospital be reduced |
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to writing and subscribed and sworn to by the witnesses, |
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respectively. |
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(b) Testimony in a proceeding to declare a personal |
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representative for the limited purpose of obtaining a deceased |
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patient's medical records from a state hospital must be taken in |
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open court, by deposition in accordance with Section 51.203, or in |
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accordance with the Texas Rules of Civil Procedure. |
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SUBCHAPTER E. JUDGMENT IN PROCEEDING TO DECLARE APPLICANT AS |
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PERSONAL REPRESENTATIVE FOR A LIMITED PURPOSE |
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Sec. 457.201. REQUIRED STATEMENTS IN JUDGMENT. The |
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judgment in a proceeding to declare a personal representative for |
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the limited purpose of obtaining a deceased patient's medical |
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records from a state hospital must state: |
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(1) the deceased patient's name; |
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(2) the state hospital that is in possession of the |
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deceased patient's medical records; |
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(3) that the applicant is a descendant of the deceased |
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patient; |
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(4) that the applicant is an adult; |
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(5) that the applicant is seeking to be appointed as a |
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personal representative for the limited purpose of obtaining the |
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deceased patient's medical records from a state hospital; |
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(6) that releasing the medical records is not |
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inconsistent with any prior expressed preference of the deceased |
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patient or the personal representatives of the deceased patient's |
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estate that is known to the state hospital; and |
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(7) that the state hospital must release the deceased |
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patient's medical records to the applicant. |
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Sec. 457.202. FINALITY AND APPEAL OF JUDGMENT. The |
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judgment in a proceeding to declare a personal representative for |
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the limited purpose of obtaining a deceased patient's medical |
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records from a state hospital is a final judgment. |
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Sec. 457.203. LIMITATION OF LIABILITY OF CERTAIN PERSONS |
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ACTING IN ACCORDANCE WITH JUDGMENT. (a) The judgment in a |
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proceeding to declare a personal representative for the limited |
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purpose of obtaining a deceased patient's medical records from a |
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state hospital is conclusive. |
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(b) A state hospital is not liable to another person for |
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releasing to the applicant a deceased patient's medical records in |
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good faith after a judgment is entered that declares the applicant a |
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personal representative for the limited purpose of obtaining a |
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deceased patient's medical records from a state hospital. |
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Sec. 457.204. FILING AND RECORDING OF JUDGMENT. (a) A |
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certified copy of the judgment in a proceeding to declare a personal |
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representative for the limited purpose of obtaining a deceased |
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patient's medical records from a state hospital may be filed for |
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record in the office of the county clerk of the county in which the |
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suit is filed. |
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(b) On the filing of a judgment in accordance with |
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Subsection (a), the judgment constitutes constructive notice of the |
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facts stated in the judgment. |
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Sec. 457.205. RECOGNITION OF PATIENT'S EXPRESSED |
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PREFERENCE. A state hospital may not release to the applicant the |
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medical records of the deceased patient upon a court issuing a |
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judgment that declares the applicant a personal representative for |
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the limited purpose of obtaining the deceased patient's medical |
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records from a state hospital if releasing the medical records to |
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the applicant is inconsistent with the prior expressed preference |
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of the deceased patient or personal representative of the deceased |
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patient's estate. |
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Sec. 457.206. DURATION OF APPOINTMENT. The appointment of |
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an applicant as a personal representative for the limited purpose |
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of obtaining a deceased patient's medical records from a state |
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hospital terminates when the applicant obtains the medical records |
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from the state hospital. |
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SECTION 3. This Act takes effect September 1, 2019. |