HBA-MPM H.B. 2827 76(R)BILL ANALYSIS


Office of House Bill AnalysisH.B. 2827
By: Isett
Public Health
8/12/1999
Enrolled



BACKGROUND AND PURPOSE 

Section 241.152 (Written Authorization for Disclosure of Health Care
Information), Health and Safety Code addresses situations in which the
disclosure of health care information is authorized. In some instances,
however, hospitals will use one document to obtain a patient's consent for
medical treatment and to authorize the disclosure of health care
information.  In such instances, if a patient or the patient's legally
authorized representative consents to treatment, they also consent to the
release of certain health care information.  H.B. 2827 specifies that an
authorization to disclose health care information must be contained in a
separate document than that which contains the consent to receive medical
treatment.  

RULEMAKING AUTHORITY

It is the opinion of the Office of House Bill Analysis that this bill does
not expressly delegate any additional rulemaking authority to a state
officer, department, agency, or institution. 

SECTION BY SECTION ANALYSIS

SECTION 1.  Amends Section 241.152(b), Health and Safety Code, to provide
that a disclosure authorization to a hospital is valid only if it is not
contained in the same document that contains the consent to medical
treatment obtained from the patient. 

SECTION 2.Effective date:  September 1, 1999.
  Makes application of this Act prospective.

SECTION 3.  Emergency clause.