85R11514 JG-F
By: Klick H.B. No. 2455
A BILL TO BE ENTITLED
AN ACT
relating to public access to certain information and materials
relating to certain hospital inspections and investigations.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
SECTION 1. Section 241.051(d), Health and Safety Code, is
amended to read as follows:
(d) Information [All information and materials] obtained or
compiled by the department in connection with a complaint or [and]
investigation that is [concerning a hospital are] confidential by
law, such as individually identifiable information concerning a
patient or health care professional, is [and] not subject to
disclosure under Chapter 552 [Section 552.001 et seq.], Government
Code[, and not subject to disclosure, discovery, subpoena, or other
means of legal compulsion for their release to anyone other than the
department or its employees or agents involved in the enforcement
action except that this information may be disclosed to:
[(1) persons involved with the department in the
enforcement action against the hospital;
[(2) the hospital that is the subject of the
enforcement action, or the hospital's authorized representative;
[(3) appropriate state or federal agencies that are
authorized to inspect, survey, or investigate hospital services;
[(4) law enforcement agencies; and
[(5) persons engaged in bona fide research, if all
individual-identifying and hospital-identifying information has
been deleted].
SECTION 2. Section 577.013(d), Health and Safety Code, is
amended to read as follows:
(d) Information [All information and materials] obtained or
compiled by the department in connection with a complaint or [and]
investigation that is [concerning a mental hospital licensed under
this chapter are] confidential by law, such as individually
identifiable information concerning a patient or health care
professional, is [and] not subject to disclosure under Chapter 552,
Government Code [, discovery, subpoena, or other means of legal
compulsion for their release to anyone other than the department or
its employees or agents involved in the enforcement action except
that this information may be disclosed to:
[(1) persons involved with the department in the
enforcement action against the licensed mental hospital;
[(2) the licensed mental hospital that is the subject
of the enforcement action, or the licensed mental hospital's
authorized representative;
[(3) appropriate state or federal agencies that are
authorized to inspect, survey, or investigate licensed mental
hospital services;
[(4) law enforcement agencies; and
[(5) persons engaged in bona fide research, if all
individual-identifying information and information identifying the
licensed mental hospital has been deleted].
SECTION 3. Sections 241.051(e) and 577.013(e), Health and
Safety Code, are repealed.
SECTION 4. This Act takes effect September 1, 2017.