86R7772 JG-F
By: Klick H.B. No. 2133
A BILL TO BE ENTITLED
AN ACT
relating to public access to certain hospital inspection and
investigation information and materials.
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 commission [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 commission [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, 2019.