| 1 | 1 | | By: McClendon (Senate Sponsor - Uresti) H.B. No. 118 |
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| 2 | 2 | | (In the Senate - Received from the House April 11, 2011; |
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| 3 | 3 | | April 20, 2011, read first time and referred to Committee on Health |
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| 4 | 4 | | and Human Services; May 6, 2011, reported favorably by the |
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| 5 | 5 | | following vote: Yeas 9, Nays 0; May 6, 2011, sent to printer.) |
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| 6 | 6 | | |
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| 7 | 7 | | |
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| 8 | 8 | | A BILL TO BE ENTITLED |
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| 9 | 9 | | AN ACT |
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| 10 | 10 | | relating to requiring the provision of notice by certain hospitals |
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| 11 | 11 | | regarding patients' medical records. |
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| 12 | 12 | | BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
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| 13 | 13 | | SECTION 1. Section 241.103, Health and Safety Code, is |
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| 14 | 14 | | amended by adding Subsection (d) to read as follows: |
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| 15 | 15 | | (d) A hospital shall provide written notice to a patient, or |
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| 16 | 16 | | a patient's legally authorized representative as that term is |
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| 17 | 17 | | defined by Section 241.151, that the hospital, unless the exception |
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| 18 | 18 | | in Subsection (c) applies, may authorize the disposal of medical |
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| 19 | 19 | | records relating to the patient on or after the periods specified in |
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| 20 | 20 | | this section. The notice shall be provided to the patient or the |
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| 21 | 21 | | patient's legally authorized representative not later than the date |
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| 22 | 22 | | on which the patient who is or will be the subject of a medical |
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| 23 | 23 | | record is treated, except in an emergency treatment situation. In |
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| 24 | 24 | | an emergency treatment situation, the notice shall be provided to |
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| 25 | 25 | | the patient or the patient's legally authorized representative as |
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| 26 | 26 | | soon as is reasonably practicable following the emergency treatment |
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| 27 | 27 | | situation. |
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| 28 | 28 | | SECTION 2. This Act takes effect September 1, 2011. |
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| 29 | 29 | | * * * * * |
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