Texas 2019 - 86th Regular

Texas House Bill HB3248 Compare Versions

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

Old	New	Differences
1	1	86R13835 BRG-F
2	2	By: Smith H.B. No. 3248
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 Date [Place] of
18	18	Birth:________
19	19	Patient Address:
20	20	____________ Street_________________ City, State, ZIP
21	21	Patient Telephone:__________ Patient E-mail:_________
22	22	NOTICE TO PHYSICIAN OR HEALTH CARE PROVIDER: THIS
23	23	AUTHORIZATION FORM HAS BEEN AUTHORIZED BY THE TEXAS LEGISLATURE
24	24	PURSUANT TO SECTION 74.052, CIVIL PRACTICE AND REMEDIES CODE. YOU
25	25	ARE REQUIRED TO PROVIDE THE MEDICAL AND BILLING RECORDS AS
26	26	REQUESTED IN THIS AUTHORIZATION.
27	27	A. I, __________ (name of patient or authorized
28	28	representative), hereby authorize __________ (name of physician or
29	29	other health care provider to whom the notice of health care claim
30	30	is directed) to obtain and disclose (within the parameters set out
31	31	below) the protected health information and associated billing
32	32	records described below for the following specific purposes (check
33	33	all that apply):
34	34	[ ] To facilitate the investigation and evaluation of
35	35	the health care claim described in the accompanying Notice of
36	36	Health Care Claim.
37	37	[ ] Defense of any litigation arising out of the claim
38	38	made the basis of the accompanying Notice of Health Care 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 written and electronic
42	42	and is specifically described as follows:
43	43	1. The health information and billing records in the
44	44	custody of the physicians or health care providers who have
45	45	examined, evaluated, or treated __________ (patient) in connection
46	46	with the injuries alleged to have been sustained in connection with
47	47	the claim asserted in the accompanying Notice of Health Care Claim.
48	48	Names and current addresses of treating physicians or
49	49	health care providers:
50	50	1.__________________________
51	51	2.__________________________
52	52	3.__________________________
53	53	4.__________________________
54	54	5.__________________________
55	55	6.__________________________
56	56	7.__________________________
57	57	8.__________________________
58	58	This authorization extends to an additional physician or
59	59	health care provider that may in the future evaluate, examine, or
60	60	treat __________ (patient) for injuries alleged in connection with
61	61	the claim made the basis of the attached Notice of Health Care Claim
62	62	only if the claimant gives notice to the recipient of the attached
63	63	Notice of Health Care Claim of that additional physician or health
64	64	care provider;
65	65	2. The health information and billing records in the
66	66	custody of the following physicians or health care providers who
67	67	have examined, evaluated, or treated __________ (patient) during a
68	68	period commencing five years prior to the incident made the basis of
69	69	the accompanying Notice of Health Care Claim.
70	70	Names and current addresses of treating physicians or
71	71	health care providers, if applicable:
72	72	1.__________________________
73	73	2.__________________________
74	74	3.__________________________
75	75	4.__________________________
76	76	5.__________________________
77	77	6.__________________________
78	78	7.__________________________
79	79	8.__________________________
80	80	C. Exclusions
81	81	1. Providers excluded from authorization.
82	82	The following constitutes a list of physicians or health care
83	83	providers possessing health care information concerning __________
84	84	(patient) to whom this authorization does not apply because I
85	85	contend that such health care information is not relevant to the
86	86	damages being claimed or to the physical, mental, or emotional
87	87	condition of __________ (patient) arising out of the claim made the
88	88	basis of the accompanying Notice of Health Care Claim. List the
89	89	names of each physician or health care provider to whom this
90	90	authorization does not extend and the inclusive dates of
91	91	examination, evaluation, or treatment to be withheld from
92	92	disclosure, or state "none":
93	93	1.__________________________
94	94	2.__________________________
95	95	3.__________________________
96	96	4.__________________________
97	97	5.__________________________
98	98	6.__________________________
99	99	7.__________________________
100	100	8.__________________________
101	101	2. By initialing below, the patient or patient's
102	102	personal or legal representative excludes the following
103	103	information from this authorization:
104	104	________ HIV/AIDS test results and/or treatment
105	105	________ Drug/alcohol/substance abuse treatment
106	106	________ Mental health records (mental health records
107	107	do not include psychotherapy notes)
108	108	________ Genetic information (including genetic test
109	109	results)
110	110	D. The persons or class of persons to whom the patient's
111	111	health information and billing records will be disclosed or who
112	112	will make use of said information are:
113	113	1. Any and all physicians or health care providers
114	114	providing care or treatment to __________ (patient);
115	115	2. Any liability insurance entity providing liability
116	116	insurance coverage or defense to any physician or health care
117	117	provider to whom Notice of Health Care Claim has been given with
118	118	regard to the care and treatment of __________ (patient);
119	119	3. Any consulting or testifying experts employed by or
120	120	on behalf of __________ (name of physician or health care provider
121	121	to whom Notice of Health Care Claim has been given) with regard to
122	122	the matter set out in the Notice of Health Care Claim accompanying
123	123	this authorization;
124	124	4. Any attorneys (including secretarial, clerical,
125	125	experts, or paralegal staff) employed by or on behalf of __________
126	126	(name of physician or health care provider to whom Notice of Health
127	127	Care Claim has been given) with regard to the matter set out in the
128	128	Notice of Health Care Claim accompanying this authorization;
129	129	5. Any trier of the law or facts relating to any suit
130	130	filed seeking damages arising out of the medical care or treatment
131	131	of __________ (patient).
132	132	E. This authorization shall expire upon resolution of the
133	133	claim asserted or at the conclusion of any litigation instituted in
134	134	connection with the subject matter of the Notice of Health Care
135	135	Claim accompanying this authorization, whichever occurs sooner.
136	136	F. I understand that, without exception, I have the right to
137	137	revoke this authorization at any time by giving notice in writing to
138	138	the person or persons named in Section B above of my intent to
139	139	revoke this authorization. I understand that prior actions taken
140	140	in reliance on this authorization by a person that had permission to
141	141	access my protected health information will not be affected. I
142	142	further understand the consequence of any such revocation as set
143	143	out in Section 74.052, Civil Practice and Remedies Code.
144	144	G. I understand that the signing of this authorization is
145	145	not a condition for continued treatment, payment, enrollment, or
146	146	eligibility for health plan benefits.
147	147	H. I understand that information used or disclosed pursuant
148	148	to this authorization may be subject to redisclosure by the
149	149	recipient and may no longer be protected by federal HIPAA privacy
150	150	regulations.
151	151	Name of Patient
152	152	____________________
153	153	Signature of Patient/Personal or Legal Representative
154	154	__________
155	155	Description of Personal or Legal Representative's Authority
156	156	__________
157	157	Date
158	158	_______________
159	159	SECTION 2. This Act takes effect immediately if it receives
160	160	a vote of two-thirds of all the members elected to each house, as
161	161	provided by Section 39, Article III, Texas Constitution. If this
162	162	Act does not receive the vote necessary for immediate effect, this
163	163	Act takes effect September 1, 2019.