Texas 2017 - 85th Regular

Texas Senate Bill SB1872 Compare Versions

Only one version of the bill is available at this time.

Old	New	Differences
1	1	85R9206 CAE-F
2	2	By: Creighton S.B. No. 1872
3	3
4	4
5	5	A BILL TO BE ENTITLED
6	6	AN ACT
7	7	relating to the medical authorization required to release protected
8	8	health information in a health care liability claim.
9	9	BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
10	10	SECTION 1. Section 74.052(c), Civil Practice and Remedies
11	11	Code, is amended to read as follows:
12	12	(c) The medical authorization required by this section
13	13	shall be in the following form and shall be construed in accordance
14	14	with the "Standards for Privacy of Individually Identifiable Health
15	15	Information" (45 C.F.R. Parts 160 and 164).
16	16	AUTHORIZATION FORM FOR RELEASE OF PROTECTED HEALTH INFORMATION
17	17	Patient Name:______ Patient Place of Birth:________
18	18	Patient Address:
19	19	____________ Street_________________ City, State, ZIP
20	20	Patient Telephone:__________ Patient E-mail:_________
21	21	NOTICE TO PHYSICIAN OR HEALTH CARE PROVIDER: THIS
22	22	AUTHORIZATION FORM HAS BEEN AUTHORIZED BY THE TEXAS LEGISLATURE
23	23	PURSUANT TO SECTION 74.052, CIVIL PRACTICE AND REMEDIES CODE. YOU
24	24	ARE REQUIRED TO PROVIDE THE MEDICAL AND BILLING RECORDS AS
25	25	REQUESTED IN THIS AUTHORIZATION.
26	26	A. I, __________ (name of patient or authorized
27	27	representative), hereby authorize __________ (name of physician or
28	28	other health care provider to whom the notice of health care claim
29	29	is directed) to obtain and disclose (within the parameters set out
30	30	below) the protected health information and associated billing
31	31	records described below for the following specific purposes (check
32	32	all that apply):
33	33	[ ] [1.] To facilitate the investigation and evaluation
34	34	of the health care claim described in the accompanying Notice of
35	35	Health Care Claim.[; or]
36	36	[ ] [2.] Defense of any litigation arising out of the
37	37	claim made the basis of the accompanying Notice of Health Care
38	38	Claim.
39	39	[ ] Other - Specify:_________________
40	40	B. The health information to be obtained, used, or disclosed
41	41	extends to and includes the verbal as well as [the] written and
42	42	electronic and is specifically described as follows:
43	43	1. The health information and billing records in the
44	44	custody of the [following] physicians or health care providers who
45	45	have examined, evaluated, or treated __________ (patient) in
46	46	connection with the injuries alleged to have been sustained in
47	47	connection with the claim asserted in the accompanying Notice of
48	48	Health Care Claim.
49	49	Names and current addresses of treating physicians or
50	50	health care providers:
51	51	1.__________________________
52	52	2.__________________________
53	53	3.__________________________
54	54	4.__________________________
55	55	5.__________________________
56	56	6.__________________________
57	57	7.__________________________
58	58	8._______________________ [(Here list the name and
59	59	current address of all treating physicians or health care
60	60	providers).]
61	61	This authorization shall extend to any additional physicians
62	62	or health care providers that may in the future evaluate, examine,
63	63	or treat __________ (patient) for injuries alleged in connection
64	64	with the claim made the basis of the attached Notice of Health Care
65	65	Claim;
66	66	2. The health information and billing records in the
67	67	custody of the following physicians or health care providers who
68	68	have examined, evaluated, or treated __________ (patient) during a
69	69	period commencing five years prior to the incident made the basis of
70	70	the accompanying Notice of Health Care Claim.
71	71	Names [(Here list the name] and current addresses
72	72	[address] of treating [such] physicians or health care providers,
73	73	if applicable:[.)]
74	74	1.
75	75	2.
76	76	3.
77	77	4.
78	78	5.
79	79	6.
80	80	7.
81	81	8.
82	82	C. Exclusions
83	83	1. Providers excluded from authorization.
84	84	The [Excluded Health Information--the] following constitutes
85	85	a list of physicians or health care providers possessing health
86	86	care information concerning __________ (patient) to whom [which]
87	87	this authorization does not apply because I contend that such
88	88	health care information is not relevant to the damages being
89	89	claimed or to the physical, mental, or emotional condition of
90	90	__________ (patient) arising out of the claim made the basis of the
91	91	accompanying Notice of Health Care Claim. List the names [(Here
92	92	state "none" or list the name] of each physician or health care
93	93	provider to whom this authorization does not extend and the
94	94	inclusive dates of examination, evaluation, or treatment to be
95	95	withheld from disclosure, or state "none":
96	96	1.__________________________
97	97	2.__________________________
98	98	3.__________________________
99	99	4.__________________________
100	100	5.__________________________
101	101	6.__________________________
102	102	7.__________________________
103	103	8.__________________________[.)]
104	104	2. By initialing below, the patient or patient's
105	105	personal or legal representative excludes the following
106	106	information from this authorization:
107	107	________ HIV/AIDS test results and/or treatment
108	108	________ Drug/alcohol/substance abuse treatment
109	109	________ Mental health records (mental health records
110	110	do not include psychotherapy notes)
111	111	________ Genetic information (including genetic test
112	112	results)
113	113	D. The persons or class of persons to whom the patient's
114	114	health information and billing records [of __________ (patient)]
115	115	will be disclosed or who will make use of said information are:
116	116	1. Any and all physicians or health care providers
117	117	providing care or treatment to __________ (patient);
118	118	2. Any liability insurance entity providing liability
119	119	insurance coverage or defense to any physician or health care
120	120	provider to whom Notice of Health Care Claim has been given with
121	121	regard to the care and treatment of __________ (patient);
122	122	3. Any consulting or testifying experts employed by or
123	123	on behalf of __________ (name of physician or health care provider
124	124	to whom Notice of Health Care Claim has been given) with regard to
125	125	the matter set out in the Notice of Health Care Claim accompanying
126	126	this authorization;
127	127	4. Any attorneys (including secretarial, clerical,
128	128	experts, or paralegal staff) employed by or on behalf of __________
129	129	(name of physician or health care provider to whom Notice of Health
130	130	Care Claim has been given) with regard to the matter set out in the
131	131	Notice of Health Care Claim accompanying this authorization;
132	132	5. Any trier of the law or facts relating to any suit
133	133	filed seeking damages arising out of the medical care or treatment
134	134	of __________ (patient).
135	135	E. This authorization shall expire upon resolution of the
136	136	claim asserted or at the conclusion of any litigation instituted in
137	137	connection with the subject matter of the Notice of Health Care
138	138	Claim accompanying this authorization, whichever occurs sooner.
139	139	F. I understand that, without exception, I have the right to
140	140	revoke this authorization in writing. I further understand the
141	141	consequence of any such revocation as set out in Section 74.052,
142	142	Civil Practice and Remedies Code.
143	143	G. I understand that the signing of this authorization is
144	144	not a condition for continued treatment, payment, enrollment, or
145	145	eligibility for health plan benefits.
146	146	H. I understand that information used or disclosed pursuant
147	147	to this authorization may be subject to redisclosure by the
148	148	recipient and may no longer be protected by federal HIPAA privacy
149	149	regulations.
150	150	Name of Patient
151	151	____________________
152	152	Signature of Patient/Personal or Legal Representative
153	153	__________
154	154	[Date
155	155	[__________
156	156	[Name of Patient/Representative
157	157	[__________]
158	158	Description of Personal or Legal Representative's Authority
159	159	__________
160	160	Date
161	161	_______________
162	162	SECTION 2. This Act takes effect immediately if it receives
163	163	a vote of two-thirds of all the members elected to each house, as
164	164	provided by Section 39, Article III, Texas Constitution. If this
165	165	Act does not receive the vote necessary for immediate effect, this
166	166	Act takes effect September 1, 2017.