By: Smithee (Senate Sponsor - Creighton) H.B. No. 2891          (In the Senate - Received from the House May 1, 2017;   May 4, 2017, read first time and referred to Committee on Health &   Human Services; May 18, 2017, reported adversely, with favorable   Committee Substitute by the following vote:  Yeas 9, Nays 0;   May 18, 2017, sent to printer.)Click here to see the committee vote     COMMITTEE SUBSTITUTE FOR H.B. No. 2891 By:  Perry     A BILL TO BE ENTITLED   AN ACT     relating to the medical authorization required to release protected   health information in a health care liability claim.          BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:          SECTION 1.  Section 74.052(c), Civil Practice and Remedies   Code, is amended to read as follows:          (c)  The medical authorization required by this section   shall be in the following form and shall be construed in accordance   with the "Standards for Privacy of Individually Identifiable Health   Information" (45 C.F.R. Parts 160 and 164).   AUTHORIZATION FORM FOR RELEASE OF PROTECTED HEALTH INFORMATION   Patient Name:______ Patient Place of Birth:________   Patient Address:   ____________ Street_________________ City, State, ZIP   Patient Telephone:__________ Patient E-mail:_________          NOTICE TO PHYSICIAN OR HEALTH CARE PROVIDER: THIS   AUTHORIZATION FORM HAS BEEN AUTHORIZED BY THE TEXAS LEGISLATURE   PURSUANT TO SECTION 74.052, CIVIL PRACTICE AND REMEDIES CODE. YOU   ARE REQUIRED TO PROVIDE THE MEDICAL AND BILLING RECORDS AS   REQUESTED IN THIS AUTHORIZATION.          A.  I, __________ (name of patient or authorized   representative), hereby authorize __________ (name of physician or   other health care provider to whom the notice of health care claim   is directed) to obtain and disclose (within the parameters set out   below) the protected health information and associated billing   records described below for the following specific purposes (check   all that apply):                [ ] [1.] To facilitate the investigation and evaluation   of the health care claim described in the accompanying Notice of   Health Care Claim.[; or]                [ ] [2.] Defense of any litigation arising out of the   claim made the basis of the accompanying Notice of Health Care   Claim.                [ ] Other - Specify:_________________          B.  The health information to be obtained, used, or disclosed   extends to and includes the verbal as well as [the] written and   electronic and is specifically described as follows:                1.  The health information and billing records in the   custody of the [following] physicians or health care providers who   have examined, evaluated, or treated __________ (patient) in   connection with the injuries alleged to have been sustained in   connection with the claim asserted in the accompanying Notice of   Health Care Claim.                Names and current addresses of treating physicians or   health care providers:                1.__________________________                2.__________________________                3.__________________________                4.__________________________                5.__________________________                6.__________________________                7.__________________________                8._______________________ [(Here list the name and   current address of all treating physicians or health care   providers).]          This authorization extends [shall extend] to an [any]   additional physician [physicians] or health care provider    [providers] that may in the future evaluate, examine, or treat   __________ (patient) for injuries alleged in connection with the   claim made the basis of the attached Notice of Health Care Claim   only if the claimant gives notice to the recipient of the attached   Notice of Health Care Claim of that additional physician or health   care provider;                2.  The health information and billing records in the   custody of the following physicians or health care providers who   have examined, evaluated, or treated __________ (patient) during a   period commencing five years prior to the incident made the basis of   the accompanying Notice of Health Care Claim.                Names [(Here list the name] and current addresses   [address] of treating [such] physicians or health care providers,   if applicable:[.)]                1.                                        2.                                        3.                                        4.                                        5.                                        6.                                        7.                                        8.                                  C.  Exclusions                1.  Providers excluded from authorization.          The [Excluded Health Information--the] following constitutes   a list of physicians or health care providers possessing health   care information concerning __________ (patient) to whom [which]   this authorization does not apply because I contend that such   health care information is not relevant to the damages being   claimed or to the physical, mental, or emotional condition of   __________ (patient) arising out of the claim made the basis of the   accompanying Notice of Health Care Claim. List the names [(Here   state "none" or list the name] of each physician or health care   provider to whom this authorization does not extend and the   inclusive dates of examination, evaluation, or treatment to be   withheld from disclosure, or state "none":                1.__________________________                2.__________________________                3.__________________________                4.__________________________                5.__________________________                6.__________________________                7.__________________________                8.__________________________[.)]                2.  By initialing below, the patient or patient's   personal or legal representative excludes the following   information from this authorization:                ________ HIV/AIDS test results and/or treatment                ________ Drug/alcohol/substance abuse treatment                ________ Mental health records (mental health records   do not include psychotherapy notes)                ________ Genetic information (including genetic test   results)          D.  The persons or class of persons to whom the patient's   health information and billing records [of __________ (patient)]   will be disclosed or who will make use of said information are:                1.  Any and all physicians or health care providers   providing care or treatment to __________ (patient);                2.  Any liability insurance entity providing liability   insurance coverage or defense to any physician or health care   provider to whom Notice of Health Care Claim has been given with   regard to the care and treatment of __________ (patient);                3.  Any consulting or testifying experts employed by or   on behalf of __________ (name of physician or health care provider   to whom Notice of Health Care Claim has been given) with regard to   the matter set out in the Notice of Health Care Claim accompanying   this authorization;                4.  Any attorneys (including secretarial, clerical,   experts, or paralegal staff) employed by or on behalf of __________   (name of physician or health care provider to whom Notice of Health   Care Claim has been given) with regard to the matter set out in the   Notice of Health Care Claim accompanying this authorization;                5.  Any trier of the law or facts relating to any suit   filed seeking damages arising out of the medical care or treatment   of __________ (patient).          E.  This authorization shall expire upon resolution of the   claim asserted or at the conclusion of any litigation instituted in   connection with the subject matter of the Notice of Health Care   Claim accompanying this authorization, whichever occurs sooner.          F.  I understand that, without exception, I have the right to   revoke this authorization at any time by giving notice in writing to   the person or persons named in Section B above of my intent to   revoke this authorization. I understand that prior actions taken   in reliance on this authorization by a person that had permission to   access my protected health information will not be affected. I   further understand the consequence of any such revocation as set   out in Section 74.052, Civil Practice and Remedies Code.          G.  I understand that the signing of this authorization is   not a condition for continued treatment, payment, enrollment, or   eligibility for health plan benefits.          H.  I understand that information used or disclosed pursuant   to this authorization may be subject to redisclosure by the   recipient and may no longer be protected by federal HIPAA privacy   regulations.          Name of Patient          ____________________          Signature of Patient/Personal or Legal Representative    [Patient/Representative]          __________          [Date          [__________          [Name of Patient/Representative          [__________]          Description of Personal or Legal Representative's Authority          __________          Date          _______________          SECTION 2.  This Act takes effect immediately if it receives   a vote of two-thirds of all the members elected to each house, as   provided by Section 39, Article III, Texas Constitution. If this   Act does not receive the vote necessary for immediate effect, this   Act takes effect September 1, 2017.     * * * * *