Texas House Bill HB1901

Texas 2019 - 86th Regular

Caption

Relating to the disclosure of certain mental health records of deceased state hospital patients.

Impact

The passage of HB1901 amends Chapter 611 of the Texas Health and Safety Code, which governs the confidentiality of mental health records. By permitting the release of these records after a significant period, the bill allows descendants to access potentially crucial health history information. This could be particularly significant for familial medical histories, which may aid descendants in understanding hereditary health challenges. However, it does raise questions about the handling of privacy rights, especially as it pertains to the deceased patients who may not have intended for their records to be disclosed.

Summary

House Bill 1901 establishes new provisions regarding the disclosure of mental health records for patients who have deceased, specifically those who were patients of state hospitals. The bill mandates that professionals disclose certain confidential patient information to the descendants of individuals who have been dead for at least 50 years, provided that the release of such records does not conflict with any prior expressed preferences of the deceased patient or their estate representatives. This adjustment in state law aims to balance the need for family access to mental health histories with the preservation of patient confidentiality.

Sentiment

Overall, the sentiment surrounding HB1901 appears to be positive among legislators, with the bill passing unanimously in both the House and Senate. Advocates for mental health awareness and family health advocates support the bill as a means of enhancing transparency and enabling families to gather vital health information. However, there are underlying concerns regarding the ethical implications of disclosing sensitive records and the extent to which patient preferences may be honored after death.

Contention

While there seems to be broad agreement on the bill's intent, the primary contention lies in the balance between confidentiality and the rights of descendants. Some stakeholders raise concerns about how the 50-year requirement could affect different families, especially in cases where descendants may not be aware of their parents' mental health issues. Furthermore, there is a call for clearer guidelines on how records must be handled to ensure compliance with both legal and ethical standards when it comes to sensitive information.