Texas House Bill HB3381

Texas 2023 - 88th Regular

• Filed: 3/3/23
• Out of House Committee: 5/6/23

Caption

Relating to creating the criminal offense of misrepresenting medical history to obtain unnecessary medical treatment for a child, elderly individual, or disabled individual.

Impact

The introduction of this law will alter existing legal frameworks regarding healthcare practices and the responsibilities of caregivers. It specifically amends the Penal Code of Texas, adding Section 22.042 which outlines the definitions and repercussions of misrepresenting medical histories. By doing so, the bill not only establishes legal consequences but also raises awareness of the grave implications such actions can have on the health of children, the elderly, and disabled individuals.

Summary

House Bill 3381, known as Alyssa's Law, seeks to establish a new criminal offense related to the misrepresentation of medical histories to procure unnecessary medical treatment for vulnerable populations including children, elderly individuals, and disabled individuals. The bill aims to protect these groups from potential harm caused by caregivers or others who may exploit the healthcare system for personal gain. By creating a felony charge for those who knowingly misrepresent medical information, this legislation reflects a commitment to safeguarding the health and well-being of the most vulnerable members of society.

Sentiment

The sentiment surrounding HB 3381 appears predominantly positive among supporters, who view it as necessary for protecting vulnerable populations from abuse and exploitation. Proponents argue that the bill addresses a significant gap in current legislation, providing law enforcement with the tools needed to combat medical misrepresentation effectively. Conversely, there are critical voices expressing concern about the implications of the law, specifically regarding false accusations and the potential for wrongful implications on families. This divide reflects a broader dialogue about the balance between necessary protections and the potential for overreach in criminalizing caregiver behavior.

Contention

The bill has sparked notable discourse regarding the language used in defining the offense and the potential impacts on familial relationships and healthcare access. Opponents have raised concerns that the law could inadvertently harm families by leading to misunderstandings or conflicts between caregivers and medical providers. Moreover, the bill's supporters must navigate the complexities of ensuring that it addresses genuine cases of abuse without penalizing caregivers acting in good faith, thereby bringing forth discussions about the safeguards that need to accompany such legislation.

Texas Constitutional Statutes Affected

Penal Code

• Chapter 22. Assaultive Offenses
  • Section: New Section
  • Section: New Section

Civil Practice And Remedies Code

• Chapter 74. Medical Liability
  • Section: New Section
  • Section: New Section