BILL ANALYSIS

 

 

Senate Research Center

H.B. 2071

89R8021 MM-F

By: Hull et al. (Kolkhorst)

 

Health & Human Services

 

5/12/2025

 

Engrossed

 

 

 

AUTHOR'S / SPONSOR'S STATEMENT OF INTENT

 

S.B. 6, 79th Legislature, Regular Session, directed the creation of the Forensic Assessment Center Network (FACN). The network was implemented as a joint project of the Department of Family and Protective Services (DFPS) and several health-related institutions to enable a network of physicians to provide medical determinations and consultations for DFPS investigators in cases of suspected child abuse and neglect. FACN physicians also provide expert testimony on child abuse and neglect diagnoses in these cases.

 

While previous legislation sought to improve the medical consultations provided by FACN to DPFS investigators, a lack of transparency in the consultation process remains. Additionally, there is ambiguity as to how parents may access medical records utilized in such consultations.

 

Currently, no state law directly requires the network to provide all medical documents to the parents of a child for the consultations that the network provides, although these records create medical information that is intended to be HIPAA compliant.

 

H.B. 2071 seeks to improve transparency in this process by requiring all medical records used by FACN in health care specialty consultations and assessments during certain child abuse or neglect investigations to be provided to the child's parent or legal guardian or the parent's or guardian's attorney. Additionally, the bill would prevent a conflicted medical professional who was a member of an investigative review team or a multidisciplinary team on the case or any health care practitioner that has already reviewed the case from providing a forensic assessment or specialty consultation.

 

H.B. 2071 amends current law relating to certain policies and procedures for health care specialty consultations in certain child abuse or neglect investigations and assessments.

 

RULEMAKING AUTHORITY

 

This bill does not expressly grant any additional rulemaking authority to a state officer, institution, or agency.

 

SECTION BY SECTION ANALYSIS

 

SECTION 1. Amends Section 261.3017, Family Code, by amending Subsections (c-1) and (d) and adding Subsections (c-3) and (e-1), as follows:

 

(c-1) Requires the Department of Family and Protective Services (DFPS), for a case in which a specialty consultation is required by Subsection (c) (relating to cases during an abuse or neglect investigation when a child's case is referred for a specialty consultation), to refer the case to a physician who meets certain criteria, including not being involved in reviewing the case, including as a member of a review team under Section 261.312 (Review Teams; Offense) or a multidisciplinary team under Subchapter E (Children's Advocacy Centers), Chapter 264 (Child Welfare Services). Makes nonsubstantive changes.

 

(c-3) Requires DFPS, before referring a child's case under Subsection (c), to provide to the child's parent or legal guardian or, if represented by an attorney, the attorney of the parent or legal guardian all medical records, including radiographs, images, and other documents used by DFPS and the network during the abuse or neglect investigation.

 

(d) Requires DFPS to provide to the child's parent or legal guardian or, if represented by an attorney, the attorney of the parent or legal guardian the information used to resolve a case described by this subsection, including the names of the physicians, the physicians' opinions, the possible conflicting conditions, all assessments conducted on the child who is the subject of the case, and all medical records related to the child.

 

(e-1) Prohibits DFPS, a referring provider, including a hospital, and the network from obstructing, preventing, or inhibiting a child's parent or legal guardian or, if represented by an attorney, the attorney of the parent or legal guardian from obtaining all medical records and documentation necessary to request an alternative opinion, including access to the child for that purpose by a health care professional providing an alternative or second opinion or performing diagnostic testing.

 

SECTION 2. Amends Sections 261.30175(b), (c), and (d), Family Code, as follows:

 

(b) Prohibits a health care practitioner who reports suspected abuse or neglect of a child or was involved in reviewing the case, including as a member of a review team under Section 261.312 or a multidisciplinary team under Subchapter E, Chapter 264, from providing forensic assessment services in connection with an investigation resulting from the report.

 

(c) Requires DFPS, when referring a case for forensic assessment, to refer the case to a physician authorized to practice medicine in this state under Subtitle B (Physicians), Title 3 (Health Professions), Occupations Code, who was not involved with the report of suspected abuse or neglect or in reviewing the case, including as a member of a review team under Section 261.312 or a multidisciplinary team under Subchapter E, Chapter 264. Makes nonsubstantive changes.

 

(d)� Prohibits Section 261.30175 (Mitigation of Provider Conflicts in Abuse or Neglect Investigation Consultations) from being construed to have certain effects, including restricting the ability of the child's parent or legal guardian or, if represented by an attorney, the attorney of the parent or legal guardian to receive all medical records and documentation relating to a case in which the network is consulted. Makes nonsubstantive changes.

 

SECTION 3.� Effective date: September 1, 2025.