Bill Text: TX HB49 | 2023-2024 | 88th Legislature | Enrolled
Bill Title: Relating to public access to certain hospital investigation information and materials.
Spectrum: Bipartisan Bill
Status: (Passed) 2023-05-19 - Effective on 9/1/23 [HB49 Detail]
Download: Texas-2023-HB49-Enrolled.html
H.B. No. 49 |
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relating to public access to certain hospital investigation | ||
information and materials. | ||
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: | ||
SECTION 1. Section 241.051, Health and Safety Code, is | ||
amended by amending Subsections (d) and (e) and adding Subsections | ||
(f), (g), and (h) to read as follows: | ||
(d) Except as provided by Subsection (e), all [ |
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information and materials in the possession of or obtained or | ||
compiled by the commission [ |
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complaint and investigation concerning a hospital are confidential | ||
and not subject to disclosure under Chapter 552 [ |
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subpoena, or other means of legal compulsion for their release to | ||
anyone other than the commission [ |
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agents involved in the enforcement action except that this | ||
information may be disclosed to: | ||
(1) persons involved with the commission [ |
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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. | ||
(e) The following information is subject to disclosure in | ||
accordance with Chapter 552 [ |
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Code, only to the extent that all personally identifiable | ||
information of a patient or health care provider is omitted from the | ||
information: | ||
(1) a notice of the hospital's alleged violation | ||
[ |
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provisions of law [ |
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and a general statement of the nature of the alleged violation; | ||
(2) the number of investigations the commission has | ||
conducted of the hospital; | ||
(3) the pleadings in any [ |
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proceeding to impose a penalty against the hospital for the alleged | ||
violation; | ||
(4) the outcome of each investigation the commission | ||
conducted of the hospital, including: | ||
(A) the issuance of a reprimand; | ||
(B) the denial or revocation of a license; | ||
(C) the adoption of a corrective action plan; or | ||
(D) the imposition of an administrative penalty | ||
and the penalty amount; and | ||
(5) [ |
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order issued by the commission to address the alleged violation | ||
[ |
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(f) Not later than the 90th day after the date the | ||
commission issues a final decision, investigative report, or order | ||
to address a hospital's alleged violation, the commission shall | ||
post on the commission's Internet website: | ||
(1) the notice of alleged violation described by | ||
Subsection (e)(1); | ||
(2) the name of the hospital; | ||
(3) the geographic location of the hospital; | ||
(4) the date the commission issued the final decision, | ||
investigative report, or order; and | ||
(5) the outcome of the commission's investigation of | ||
the hospital that includes the information described by Subsection | ||
(e)(4). | ||
(g) The commission may not remove information posted on the | ||
commission's Internet website under Subsection (f) before the | ||
second anniversary of the date the information is posted on the | ||
Internet website. | ||
(h) Nothing in this section precludes a hospital from | ||
releasing medical records in the hospital's possession: | ||
(1) on the request of the patient who is the subject of | ||
the record; or | ||
(2) to the patient, the parent or guardian of a patient | ||
who is a minor or incapacitated, or the personal representative of a | ||
patient who is deceased. | ||
SECTION 2. Section 577.013, Health and Safety Code, is | ||
amended by amending Subsections (d) and (e) and adding Subsections | ||
(f), (g), (h), and (i) to read as follows: | ||
(d) Except as provided by Subsection (e), all [ |
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information and materials in the possession of or obtained or | ||
compiled by the commission [ |
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complaint and investigation concerning a mental hospital licensed | ||
under this chapter are confidential and not subject to disclosure, | ||
discovery, subpoena, or other means of legal compulsion for their | ||
release to anyone other than the commission [ |
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employees or agents involved in the enforcement action except that | ||
this information may be disclosed to: | ||
(1) persons involved with the commission [ |
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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. | ||
(e) The following information is subject to disclosure in | ||
accordance with Chapter 552 [ |
||
Code, only to the extent that all personally identifiable | ||
information of a patient or health care provider is omitted from the | ||
information: | ||
(1) a notice of the licensed mental hospital's alleged | ||
violation [ |
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[ |
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mental hospital is alleged to have violated, and the nature of the | ||
alleged violation; | ||
(2) the number of investigations the commission has | ||
conducted of the licensed mental hospital; | ||
(3) the pleadings in any [ |
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proceeding to impose a penalty against the licensed mental hospital | ||
for the alleged violation; | ||
(4) the outcome of each investigation the commission | ||
conducted of the licensed mental hospital, including: | ||
(A) the issuance of a reprimand; | ||
(B) the denial or revocation of a license; | ||
(C) the adoption of a corrective action plan; or | ||
(D) the imposition of an administrative penalty | ||
and the penalty amount; and | ||
(5) [ |
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order issued by the commission to address the alleged violation | ||
[ |
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(f) Not later than the 90th day after the date the | ||
commission issues a final decision, investigative report, or order | ||
to address a licensed mental hospital's alleged violation, the | ||
commission shall post on the commission's Internet website: | ||
(1) the notice of alleged violation described by | ||
Subsection (e)(1); | ||
(2) the name of the licensed mental hospital; | ||
(3) the geographic location of the licensed mental | ||
hospital; | ||
(4) the date the commission issued the final decision, | ||
investigative report, or order; and | ||
(5) the outcome of the commission's investigation of | ||
the licensed mental hospital that includes the information | ||
described by Subsection (e)(4). | ||
(g) The commission may not remove information posted on the | ||
commission's Internet website under Subsection (f) before the | ||
second anniversary of the date the information is posted on the | ||
Internet website. | ||
(h) Nothing in this section precludes a licensed mental | ||
hospital from releasing medical records in the licensed mental | ||
hospital's possession: | ||
(1) on request of the patient who is the subject of the | ||
record; or | ||
(2) to the patient, the parent or guardian of a patient | ||
who is a minor or incapacitated, or the personal representative of a | ||
patient who is deceased. | ||
(i) In this section, "commission" means the Health and Human | ||
Services Commission. | ||
SECTION 3. The changes in law made by this Act apply only to | ||
an investigation of an alleged violation by a hospital or licensed | ||
mental hospital that is finalized on or after the effective date of | ||
this Act. | ||
SECTION 4. This Act takes effect September 1, 2023. | ||
______________________________ | ______________________________ | |
President of the Senate | Speaker of the House | |
I certify that H.B. No. 49 was passed by the House on April 4, | ||
2023, by the following vote: Yeas 147, Nays 0, 1 present, not | ||
voting. | ||
______________________________ | ||
Chief Clerk of the House | ||
I certify that H.B. No. 49 was passed by the Senate on May 3, | ||
2023, by the following vote: Yeas 31, Nays 0. | ||
______________________________ | ||
Secretary of the Senate | ||
APPROVED: _____________________ | ||
Date | ||
_____________________ | ||
Governor |