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