Texas 2019 - 86th Regular

Texas House Bill HB2133 Compare Versions

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

Old	New	Differences
1	1	86R7772 JG-F
2	2	By: Klick H.B. No. 2133
3	3
4	4
5	5	A BILL TO BE ENTITLED
6	6	AN ACT
7	7	relating to public access to certain hospital inspection and
8	8	investigation information and materials.
9	9	BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
10	10	SECTION 1. Section 241.051(d), Health and Safety Code, is
11	11	amended to read as follows:
12	12	(d) Information [All information and materials] obtained or
13	13	compiled by the commission [department] in connection with a
14	14	complaint or [and] investigation that is [concerning a hospital
15	15	are] confidential by law, such as individually identifiable
16	16	information concerning a patient or health care professional, is
17	17	[and] not subject to disclosure under Chapter 552 [Section 552.001
18	18	et seq.], Government Code[, and not subject to disclosure,
19	19	discovery, subpoena, or other means of legal compulsion for their
20	20	release to anyone other than the department or its employees or
21	21	agents involved in the enforcement action except that this
22	22	information may be disclosed to:
23	23	[(1) persons involved with the department in the
24	24	enforcement action against the hospital;
25	25	[(2) the hospital that is the subject of the
26	26	enforcement action, or the hospital's authorized representative;
27	27	[(3) appropriate state or federal agencies that are
28	28	authorized to inspect, survey, or investigate hospital services;
29	29	[(4) law enforcement agencies; and
30	30	[(5) persons engaged in bona fide research, if all
31	31	individual-identifying and hospital-identifying information has
32	32	been deleted].
33	33	SECTION 2. Section 577.013(d), Health and Safety Code, is
34	34	amended to read as follows:
35	35	(d) Information [All information and materials] obtained or
36	36	compiled by the commission [department] in connection with a
37	37	complaint or [and] investigation that is [concerning a mental
38	38	hospital licensed under this chapter are] confidential by law, such
39	39	as individually identifiable information concerning a patient or
40	40	health care professional, is [and] not subject to disclosure under
41	41	Chapter 552, Government Code [, discovery, subpoena, or other means
42	42	of legal compulsion for their release to anyone other than the
43	43	department or its employees or agents involved in the enforcement
44	44	action except that this information may be disclosed to:
45	45	[(1) persons involved with the department in the
46	46	enforcement action against the licensed mental hospital;
47	47	[(2) the licensed mental hospital that is the subject
48	48	of the enforcement action, or the licensed mental hospital's
49	49	authorized representative;
50	50	[(3) appropriate state or federal agencies that are
51	51	authorized to inspect, survey, or investigate licensed mental
52	52	hospital services;
53	53	[(4) law enforcement agencies; and
54	54	[(5) persons engaged in bona fide research, if all
55	55	individual-identifying information and information identifying the
56	56	licensed mental hospital has been deleted].
57	57	SECTION 3. Sections 241.051(e) and 577.013(e), Health and
58	58	Safety Code, are repealed.
59	59	SECTION 4. This Act takes effect September 1, 2019.