BILL ANALYSIS H.B. 2071 By: Hull Human Services Committee Report (Unamended) BACKGROUND AND PURPOSE The bill author has informed the committee that, although past legislation has greatly improved the consultation process provided by the Forensic Assessment Center Network, a lack of transparency and issues regarding parental access to medical records still apply. According to the network, it was established by the Department of Family and Protective Services (DFPS) in 2006 to make expert pediatricians available to Child Protective Services and Child Care Licensing for consultation on cases of suspected child abuse and neglect. It provides 24-hour support for DFPS workers through a statewide toll-free number and a secure web-based system, contracts with medical specialists and child abuse pediatricians in the network to review medical records to help make a determination on whether abuse or neglect might have occurred, and provides support to DFPS for foster care-related medical questions. Currently, no state law directly requires the network to provide all medical documents to the parents of a child for the consultations that the network provides, although these records create medical information that is part of the child's medical record and are supposed to be HIPAA compliant. H.B. 2071 seeks to improve transparency in this process by requiring all medical records used by the Forensic Assessment Center Network in health care specialty consultations and assessments during certain child abuse or neglect investigations to be provided to the child's parent or legal guardian or the parent's or guardian's attorney. Additionally, the bill would prevent a conflicted medical professional who was a member of an investigative review team or a multidisciplinary team on the case or any health care practitioner that has already reviewed the case from providing a forensic assessment or specialty consultation. CRIMINAL JUSTICE IMPACT It is the committee's opinion that this bill does not expressly create a criminal offense, increase the punishment for an existing criminal offense or category of offenses, or change the eligibility of a person for community supervision, parole, or mandatory supervision. RULEMAKING AUTHORITY It is the committee's opinion that this bill does not expressly grant any additional rulemaking authority to a state officer, department, agency, or institution. ANALYSIS H.B. 2071 amends the Family Code to include among the qualifications of a physician to whom the Department of Family and Protective Services (DFPS), when referring a child abuse or neglect case to a physician for specialty consultation or forensic assessment, is required to make the referral the condition that the physician was not involved in reviewing the case, including as a member of an investigation review team or a multidisciplinary team. The bill also prohibits any health care practitioner who was involved in reviewing the case, including as a member of such a review, from providing forensic assessment services in connection with an investigation resulting from the report of suspected abuse or neglect. H.B. 2071 requires DFPS to do the following with respect to child abuse or neglect cases involving health care specialty consultation: before referring a child's case to a physician for a specialty consultation, provide to the child's parent or legal guardian or, if represented by an attorney, the parent's or guardian's attorney, all medical records, including radiographs, images, and other documents used by DFPS and the Forensic Assessment Center Network during the investigation; and for a case in which a blind peer review process is used to resolve disagreement among consulted physicians in the assessment of the causes of the child's injuries or in the presence of an applicable health condition, provide to the child's parent or legal guardian or, if represented by an attorney, the parent's or guardian's attorney, the information used to resolve the case, including the names of the physicians, the physicians' opinions, the possible conflicting conditions, all assessments conducted on the child, and all medical records related to the child. The bill prohibits DFPS, a referring provider, including a hospital, and the network from obstructing, preventing, or inhibiting a child's parent or legal guardian or, if represented by an attorney, the parent's or guardian's attorney, from obtaining all medical records and documentation necessary to request an alternative opinion, including access to the child for that purpose by a health care professional providing an alternative or second opinion or performing diagnostic testing. H.B. 2071 clarifies that provisions relating to the mitigation of provider conflicts in forensic assessment consultations for abuse or neglect investigations may not be construed to restrict the ability of the child's parent or legal guardian or, if represented by an attorney, the parent's or guardian's attorney, to receive all medical records and documentation relating to a case in which the network is consulted. EFFECTIVE DATE September 1, 2025.
BILL ANALYSIS
# BILL ANALYSIS
H.B. 2071
By: Hull
Human Services
Committee Report (Unamended)
H.B. 2071
By: Hull
Human Services
Committee Report (Unamended)
BACKGROUND AND PURPOSE The bill author has informed the committee that, although past legislation has greatly improved the consultation process provided by the Forensic Assessment Center Network, a lack of transparency and issues regarding parental access to medical records still apply. According to the network, it was established by the Department of Family and Protective Services (DFPS) in 2006 to make expert pediatricians available to Child Protective Services and Child Care Licensing for consultation on cases of suspected child abuse and neglect. It provides 24-hour support for DFPS workers through a statewide toll-free number and a secure web-based system, contracts with medical specialists and child abuse pediatricians in the network to review medical records to help make a determination on whether abuse or neglect might have occurred, and provides support to DFPS for foster care-related medical questions. Currently, no state law directly requires the network to provide all medical documents to the parents of a child for the consultations that the network provides, although these records create medical information that is part of the child's medical record and are supposed to be HIPAA compliant. H.B. 2071 seeks to improve transparency in this process by requiring all medical records used by the Forensic Assessment Center Network in health care specialty consultations and assessments during certain child abuse or neglect investigations to be provided to the child's parent or legal guardian or the parent's or guardian's attorney. Additionally, the bill would prevent a conflicted medical professional who was a member of an investigative review team or a multidisciplinary team on the case or any health care practitioner that has already reviewed the case from providing a forensic assessment or specialty consultation.
CRIMINAL JUSTICE IMPACT It is the committee's opinion that this bill does not expressly create a criminal offense, increase the punishment for an existing criminal offense or category of offenses, or change the eligibility of a person for community supervision, parole, or mandatory supervision.
RULEMAKING AUTHORITY It is the committee's opinion that this bill does not expressly grant any additional rulemaking authority to a state officer, department, agency, or institution.
ANALYSIS H.B. 2071 amends the Family Code to include among the qualifications of a physician to whom the Department of Family and Protective Services (DFPS), when referring a child abuse or neglect case to a physician for specialty consultation or forensic assessment, is required to make the referral the condition that the physician was not involved in reviewing the case, including as a member of an investigation review team or a multidisciplinary team. The bill also prohibits any health care practitioner who was involved in reviewing the case, including as a member of such a review, from providing forensic assessment services in connection with an investigation resulting from the report of suspected abuse or neglect. H.B. 2071 requires DFPS to do the following with respect to child abuse or neglect cases involving health care specialty consultation: before referring a child's case to a physician for a specialty consultation, provide to the child's parent or legal guardian or, if represented by an attorney, the parent's or guardian's attorney, all medical records, including radiographs, images, and other documents used by DFPS and the Forensic Assessment Center Network during the investigation; and for a case in which a blind peer review process is used to resolve disagreement among consulted physicians in the assessment of the causes of the child's injuries or in the presence of an applicable health condition, provide to the child's parent or legal guardian or, if represented by an attorney, the parent's or guardian's attorney, the information used to resolve the case, including the names of the physicians, the physicians' opinions, the possible conflicting conditions, all assessments conducted on the child, and all medical records related to the child. The bill prohibits DFPS, a referring provider, including a hospital, and the network from obstructing, preventing, or inhibiting a child's parent or legal guardian or, if represented by an attorney, the parent's or guardian's attorney, from obtaining all medical records and documentation necessary to request an alternative opinion, including access to the child for that purpose by a health care professional providing an alternative or second opinion or performing diagnostic testing. H.B. 2071 clarifies that provisions relating to the mitigation of provider conflicts in forensic assessment consultations for abuse or neglect investigations may not be construed to restrict the ability of the child's parent or legal guardian or, if represented by an attorney, the parent's or guardian's attorney, to receive all medical records and documentation relating to a case in which the network is consulted.
EFFECTIVE DATE September 1, 2025.
BACKGROUND AND PURPOSE
The bill author has informed the committee that, although past legislation has greatly improved the consultation process provided by the Forensic Assessment Center Network, a lack of transparency and issues regarding parental access to medical records still apply. According to the network, it was established by the Department of Family and Protective Services (DFPS) in 2006 to make expert pediatricians available to Child Protective Services and Child Care Licensing for consultation on cases of suspected child abuse and neglect. It provides 24-hour support for DFPS workers through a statewide toll-free number and a secure web-based system, contracts with medical specialists and child abuse pediatricians in the network to review medical records to help make a determination on whether abuse or neglect might have occurred, and provides support to DFPS for foster care-related medical questions. Currently, no state law directly requires the network to provide all medical documents to the parents of a child for the consultations that the network provides, although these records create medical information that is part of the child's medical record and are supposed to be HIPAA compliant. H.B. 2071 seeks to improve transparency in this process by requiring all medical records used by the Forensic Assessment Center Network in health care specialty consultations and assessments during certain child abuse or neglect investigations to be provided to the child's parent or legal guardian or the parent's or guardian's attorney. Additionally, the bill would prevent a conflicted medical professional who was a member of an investigative review team or a multidisciplinary team on the case or any health care practitioner that has already reviewed the case from providing a forensic assessment or specialty consultation.
CRIMINAL JUSTICE IMPACT
It is the committee's opinion that this bill does not expressly create a criminal offense, increase the punishment for an existing criminal offense or category of offenses, or change the eligibility of a person for community supervision, parole, or mandatory supervision.
RULEMAKING AUTHORITY
It is the committee's opinion that this bill does not expressly grant any additional rulemaking authority to a state officer, department, agency, or institution.
ANALYSIS
H.B. 2071 amends the Family Code to include among the qualifications of a physician to whom the Department of Family and Protective Services (DFPS), when referring a child abuse or neglect case to a physician for specialty consultation or forensic assessment, is required to make the referral the condition that the physician was not involved in reviewing the case, including as a member of an investigation review team or a multidisciplinary team. The bill also prohibits any health care practitioner who was involved in reviewing the case, including as a member of such a review, from providing forensic assessment services in connection with an investigation resulting from the report of suspected abuse or neglect.
H.B. 2071 requires DFPS to do the following with respect to child abuse or neglect cases involving health care specialty consultation:
before referring a child's case to a physician for a specialty consultation, provide to the child's parent or legal guardian or, if represented by an attorney, the parent's or guardian's attorney, all medical records, including radiographs, images, and other documents used by DFPS and the Forensic Assessment Center Network during the investigation; and
for a case in which a blind peer review process is used to resolve disagreement among consulted physicians in the assessment of the causes of the child's injuries or in the presence of an applicable health condition, provide to the child's parent or legal guardian or, if represented by an attorney, the parent's or guardian's attorney, the information used to resolve the case, including the names of the physicians, the physicians' opinions, the possible conflicting conditions, all assessments conducted on the child, and all medical records related to the child.
The bill prohibits DFPS, a referring provider, including a hospital, and the network from obstructing, preventing, or inhibiting a child's parent or legal guardian or, if represented by an attorney, the parent's or guardian's attorney, from obtaining all medical records and documentation necessary to request an alternative opinion, including access to the child for that purpose by a health care professional providing an alternative or second opinion or performing diagnostic testing.
H.B. 2071 clarifies that provisions relating to the mitigation of provider conflicts in forensic assessment consultations for abuse or neglect investigations may not be construed to restrict the ability of the child's parent or legal guardian or, if represented by an attorney, the parent's or guardian's attorney, to receive all medical records and documentation relating to a case in which the network is consulted.
EFFECTIVE DATE
September 1, 2025.