Texas 2019 - 86th Regular

Texas Senate Bill SB1565 Compare Versions

Version 1 (Old)

Version 2 (New)

Old	New		Differences
1		-	S.B. No. 1565
	1	+	By: Fallon S.B. No. 1565
	2	+	(Smith)
2	3
3	4
	5	+	A BILL TO BE ENTITLED
4	6		AN ACT
5	7		relating to the medical authorization required to release protected
6	8		health information in a health care liability claim.
7	9		BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
8	10		SECTION 1. Section 74.052(c), Civil Practice and Remedies
9	11		Code, is amended to read as follows:
10	12		(c) The medical authorization required by this section
11	13		shall be in the following form and shall be construed in accordance
12	14		with the "Standards for Privacy of Individually Identifiable Health
13	15		Information" (45 C.F.R. Parts 160 and 164).
14	16		AUTHORIZATION FORM FOR RELEASE OF PROTECTED HEALTH INFORMATION
15	17		Patient Name:______ Patient Date [Place] of Birth:________
16	18		Patient Address:_________________________________________
17	19		____________ Street_________________ City, State, ZIP
18	20		Patient Telephone:__________ Patient E-mail:_________
19	21		NOTICE TO PHYSICIAN OR HEALTH CARE PROVIDER: THIS
20	22		AUTHORIZATION FORM HAS BEEN AUTHORIZED BY THE TEXAS LEGISLATURE
21	23		PURSUANT TO SECTION 74.052, CIVIL PRACTICE AND REMEDIES CODE. YOU
22	24		ARE REQUIRED TO PROVIDE THE MEDICAL AND BILLING RECORDS AS
23	25		REQUESTED IN THIS AUTHORIZATION.
24	26		A. I, __________ (name of patient or authorized
25	27		representative), hereby authorize __________ (name of physician or
26	28		other health care provider to whom the notice of health care claim
27	29		is directed) to obtain and disclose (within the parameters set out
28	30		below) the protected health information and associated billing
29	31		records described below for the following specific purposes (check
30	32		all that apply):
31	33		[ ] To facilitate the investigation and evaluation of
32	34		the health care claim described in the accompanying Notice of
33	35		Health Care Claim.
34	36		[ ] Defense of any litigation arising out of the claim
35	37		made the basis of the accompanying Notice of Health Care Claim.
36	38		[ ] Other - Specify:_________________
37	39		B. The health information to be obtained, used, or disclosed
38	40		extends to and includes the verbal as well as written and electronic
39	41		and is specifically described as follows:
40	42		1. The health information and billing records in the
41	43		custody of the physicians or health care providers who have
42	44		examined, evaluated, or treated __________ (patient) in connection
43	45		with the injuries alleged to have been sustained in connection with
44	46		the claim asserted in the accompanying Notice of Health Care Claim.
45	47		Names and current addresses of treating physicians or
46	48		health care providers:
47	49		1.__________________________
48	50		2.__________________________
49	51		3.__________________________
50	52		4.__________________________
51	53		5.__________________________
52	54		6.__________________________
53	55		7.__________________________
54	56		8.__________________________
55	57		This authorization extends to an additional physician or
56	58		health care provider that may in the future evaluate, examine, or
57	59		treat __________ (patient) for injuries alleged in connection with
58	60		the claim made the basis of the attached Notice of Health Care Claim
59	61		only if the claimant gives notice to the recipient of the attached
60	62		Notice of Health Care Claim of that additional physician or health
61	63		care provider;
62	64		2. The health information and billing records in the
63	65		custody of the following physicians or health care providers who
64	66		have examined, evaluated, or treated __________ (patient) during a
65	67		period commencing five years prior to the incident made the basis of
66	68		the accompanying Notice of Health Care Claim.
67	69		Names and current addresses of treating physicians or
68	70		health care providers, if applicable:
69	71		1.__________________________
70	72		2.__________________________
71	73		3.__________________________
72	74		4.__________________________
73	75		5.__________________________
74	76		6.__________________________
75	77		7.__________________________
76	78		8.__________________________
77	79		C. Exclusions
78	80		1. Providers excluded from authorization.
79	81		The following constitutes a list of physicians or health care
80	82		providers possessing health care information concerning __________
81	83		(patient) to whom this authorization does not apply because I
82	84		contend that such health care information is not relevant to the
83	85		damages being claimed or to the physical, mental, or emotional
84	86		condition of __________ (patient) arising out of the claim made the
85	87		basis of the accompanying Notice of Health Care Claim. List the
86	88		names of each physician or health care provider to whom this
87	89		authorization does not extend and the inclusive dates of
88	90		examination, evaluation, or treatment to be withheld from
89	91		disclosure, or state "none":
90	92		1.__________________________
91	93		2.__________________________
92	94		3.__________________________
93	95		4.__________________________
94	96		5.__________________________
95	97		6.__________________________
96	98		7.__________________________
97	99		8.__________________________
98	100		2. By initialing below, the patient or patient's
99	101		personal or legal representative excludes the following
100	102		information from this authorization:
101	103		________ HIV/AIDS test results and/or treatment
102	104		________ Drug/alcohol/substance abuse treatment
103	105		________ Mental health records (mental health records
104	106		do not include psychotherapy notes)
105	107		________ Genetic information (including genetic test
106	108		results)
107	109		D. The persons or class of persons to whom the patient's
108	110		health information and billing records will be disclosed or who
109	111		will make use of said information are:
110	112		1. Any and all physicians or health care providers
111	113		providing care or treatment to __________ (patient);
112	114		2. Any liability insurance entity providing liability
113	115		insurance coverage or defense to any physician or health care
114	116		provider to whom Notice of Health Care Claim has been given with
115	117		regard to the care and treatment of __________ (patient);
116	118		3. Any consulting or testifying experts employed by or
117	119		on behalf of __________ (name of physician or health care provider
118	120		to whom Notice of Health Care Claim has been given) with regard to
119	121		the matter set out in the Notice of Health Care Claim accompanying
120	122		this authorization;
121	123		4. Any attorneys (including secretarial, clerical,
122	124		experts, or paralegal staff) employed by or on behalf of __________
123	125		(name of physician or health care provider to whom Notice of Health
124	126		Care Claim has been given) with regard to the matter set out in the
125	127		Notice of Health Care Claim accompanying this authorization;
126	128		5. Any trier of the law or facts relating to any suit
127	129		filed seeking damages arising out of the medical care or treatment
128	130		of __________ (patient).
129	131		E. This authorization shall expire upon resolution of the
130	132		claim asserted or at the conclusion of any litigation instituted in
131	133		connection with the subject matter of the Notice of Health Care
132	134		Claim accompanying this authorization, whichever occurs sooner.
133	135		F. I understand that, without exception, I have the right to
134	136		revoke this authorization at any time by giving notice in writing to
135	137		the person or persons named in Section B above of my intent to
136	138		revoke this authorization. I understand that prior actions taken
137	139		in reliance on this authorization by a person that had permission to
138	140		access my protected health information will not be affected. I
139	141		further understand the consequence of any such revocation as set
140	142		out in Section 74.052, Civil Practice and Remedies Code.
141	143		G. I understand that the signing of this authorization is
142	144		not a condition for continued treatment, payment, enrollment, or
143	145		eligibility for health plan benefits.
144	146		H. I understand that information used or disclosed pursuant
145	147		to this authorization may be subject to redisclosure by the
146	148		recipient and may no longer be protected by federal HIPAA privacy
147	149		regulations.
148	150		Name of Patient
149	151		____________________
150	152		Signature of Patient/Personal or Legal Representative
151	153		__________
152	154		Description of Personal or Legal Representative's Authority
153	155		__________
154	156		Date
155	157		_______________
156	158		SECTION 2. This Act takes effect September 1, 2019.
157		-	______________________________ ______________________________
158		-	President of the Senate Speaker of the House
159		-	I hereby certify that S.B. No. 1565 passed the Senate on
160		-	April 24, 2019, by the following vote: Yeas 31, Nays 0.
161		-	______________________________
162		-	Secretary of the Senate
163		-	I hereby certify that S.B. No. 1565 passed the House on
164		-	May 10, 2019, by the following vote: Yeas 141, Nays 0, two
165		-	present not voting.
166		-	______________________________
167		-	Chief Clerk of the House
168		-	Approved:
169		-	______________________________
170		-	Date
171		-	______________________________
172		-	Governor