Bill Text: TX HB1901 | 2019-2020 | 86th Legislature | Introduced

NOTE: There are more recent revisions of this legislation. Read Latest Draft
Bill Title: Relating to the disclosure of certain mental health records of deceased state hospital patients.

Spectrum: Partisan Bill (Republican 2-0)

Status: (Passed) 2019-06-14 - Effective on 9/1/19 [HB1901 Detail]

Download: Texas-2019-HB1901-Introduced.html
  86R2798 EAS-F
 
  By: Bonnen of Galveston H.B. No. 1901
 
 
 
A BILL TO BE ENTITLED
 
AN ACT
  relating to the appointment of a descendant as a personal
  representative for the limited purpose of obtaining a deceased
  patient's medical records from a state hospital.
         BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
         SECTION 1.  Subchapter A, Chapter 33, Estates Code, is
  amended by adding Section 33.006 to read as follows:
         Sec. 33.006.  APPOINTMENT AS PERSONAL REPRESENTATIVE FOR THE
  LIMITED PURPOSE OF OBTAINING DECEASED PATIENT'S MEDICAL RECORDS
  FROM STATE HOSPITAL. (a) In this section:
               (1)  "Applicant" has the meaning provided by Section
  457.001. 
               (2)  "Patient" has the meaning provided by Section
  552.0011, Health and Safety Code.
               (3)  "State hospital" has the meaning provided by
  Section 552.0011, Health and Safety Code.
         (b)  Venue for a proceeding to appoint an applicant as a
  personal representative for the limited purpose of obtaining a
  deceased patient's medical records from a state hospital, as
  described by Chapter 457, is in: 
               (1)  the court of the county in which the deceased
  patient's estate was or is being administered; 
               (2)  the court of the county in which the applicant
  resides; or 
               (3)  the court of the county in which the state hospital
  that the applicant is requesting medical records from is located. 
         SECTION 2.  Subtitle J, Title 2, Estates Code, is amended by
  adding Chapter 457 to read as follows:
  CHAPTER 457.  DECLARATION OF PERSONAL REPRESENTATIVE FOR THE
  LIMITED PURPOSE OF OBTAINING DECEASED PATIENT'S MEDICAL RECORDS
  FROM STATE HOSPITAL
  SUBCHAPTER A.  DEFINITIONS
         Sec. 457.001.  DEFINITIONS. In this chapter: 
               (1)  "Adult" has the meaning provided by Section
  1357.002. 
               (2)  "Applicant" means an individual seeking to be
  appointed as a personal representative for the limited purpose of
  obtaining a deceased patient's medical records from a state
  hospital. 
               (3)  "Patient" has the meaning provided by Section
  552.0011, Health and Safety Code.
               (4)  "State hospital" has the meaning provided by
  Section 552.0011, Health and Safety Code. 
  SUBCHAPTER B. AUTHORIZATION AND PROCEDURES FOR COMMENCEMENT OF
  PROCEEDING TO DECLARE APPLICANT AS PERSONAL REPRESENTATIVE FOR A
  LIMITED PURPOSE
         Sec. 457.051.  GENERAL AUTHORIZATION FOR AND NATURE OF
  PROCEEDING TO DECLARE APPLICANT AS PERSONAL REPRESENTATIVE FOR A
  LIMITED PURPOSE. In the manner provided by this chapter, a court
  may determine through a proceeding that an applicant qualifies as a
  personal representative for the limited purpose of obtaining a
  deceased patient's medical records from a state hospital.
         Sec. 457.052.  CIRCUMSTANCES UNDER WHICH APPLICANT MAY BE
  DECLARED PERSONAL REPRESENTATIVE FOR A LIMITED PURPOSE. A court
  may conduct a proceeding to declare an applicant as a personal
  representative for the limited purpose of obtaining a deceased
  patient's medical records from a state hospital if:
               (1)  the personal representative or personal
  representatives of the deceased patient's estate are alive, but
  have refused to assist the applicant in obtaining the deceased
  patient's medical records from a state hospital;
               (2)  the personal representative or personal
  representatives of the deceased patient's estate are deceased;
               (3)  a personal representative of the deceased
  patient's estate has not been appointed on the date the application
  was filed under Section 457.054; 
               (4)  the names or locations of the personal
  representative or personal representatives of the deceased
  patient's estate are unknown; or 
               (5)  the personal representative or personal
  representatives of the deceased patient's estate reside in another
  state or foreign country.
         Sec. 457.053.  PERSONS WHO MAY COMMENCE PROCEEDING TO
  DECLARE APPLICANT AS PERSONAL REPRESENTATIVE FOR A LIMITED PURPOSE.
  A proceeding to declare an applicant as a personal representative
  for the limited purpose of obtaining a deceased patient's medical
  records from a state hospital may be commenced and maintained under
  a circumstance specified by Section 457.052 by an applicant who is a
  descendant of a deceased patient of a state hospital.
         Sec. 457.054.  APPLICATION FOR PROCEEDING TO DECLARE
  APPLICANT AS PERSONAL REPRESENTATIVE FOR A LIMITED PURPOSE. A
  person authorized by Section 457.053 to commence a proceeding to
  declare an applicant a personal representative for the limited
  purpose of obtaining a deceased patient's medical records from a
  state hospital must file an application in a court specified by
  Section 33.006 to commence the proceeding. The application must
  state:
               (1)  the deceased patient's name and date and place of
  death;
               (2)  that the deceased patient had been a patient of a
  named state hospital;
               (3)  that the applicant is a descendant of the deceased
  patient;
               (4)  that the applicant is an adult; 
               (5)  that the applicant is seeking to be appointed as a
  personal representative for the limited purpose of obtaining the
  deceased patient's medical records from the named state hospital;
  and
               (6)  that, to the best of the applicant's knowledge,
  releasing the medical records is not inconsistent with any prior
  expressed preference of the deceased patient or personal
  representatives  of the deceased patient's estate.
         Sec. 457.055.  AFFIDAVIT SUPPORTING APPLICATION REQUIRED.
  (a) An application filed under Section 457.054 must be supported by
  the affidavit of the applicant.
         (b)  An affidavit of an applicant under Subsection (a) must
  state that, to the applicant's knowledge:
               (1)  all the allegations in the application are true;
  and
               (2)  no material fact or circumstance has been omitted
  from the application.
         Sec. 457.056.  REQUIRED PARTIES TO PROCEEDING TO DECLARE
  PERSONAL REPRESENTATIVE FOR A LIMITED PURPOSE. The personal
  representative or personal representatives of the deceased
  patient's estate, unless deceased or unknown, must be made a party
  to a proceeding to declare an applicant as a personal
  representative for the limited purpose of obtaining a deceased
  patient's medical records from a state hospital.
  SUBCHAPTER C. NOTICE OF PROCEEDING TO DECLARE APPLICANT AS PERSONAL
  REPRESENTATIVE FOR A LIMITED PURPOSE
         Sec. 457.101.  SERVICE OF CITATION BY MAIL WHEN RECIPIENT'S
  NAME AND ADDRESS ARE KNOWN OR ASCERTAINABLE. Citation in a
  proceeding to declare a personal representative for the limited
  purpose of obtaining a deceased patient's medical records from a
  state hospital must be served by registered or certified mail on the
  personal representative or personal representatives of the
  deceased patient's estate unless the personal representative or
  personal representatives of the deceased patient's estate are
  deceased or unknown. 
         Sec. 457.102.  WAIVER OF SERVICE OF CITATION. A personal
  representative of the deceased patient's estate may waive citation
  required by this subchapter.
         Sec. 457.103.  AFFIDAVIT OF SERVICE OF CITATION. (a) A
  person who files an application under Section 457.054 shall file
  with the court:
               (1)  a copy of any citation required by this subchapter
  and the proof of delivery of service of the citation; and
               (2)  an affidavit sworn to by the applicant or a
  certificate signed by the applicant's attorney stating:
                     (A)  that the citation was served as required by
  this subchapter;
                     (B)  the name of each person to whom the citation
  was served, if the person's name is not shown on the proof of
  delivery; and
                     (C)  if service of citation is waived under
  Section 457.102, the name of each person who waived citation under
  that section.
         (b)  The court may not enter an order in the proceeding to
  declare an applicant as a personal representative for the limited
  purpose of obtaining a deceased patient's medical records from a
  state hospital under Subchapter E until the affidavit or
  certificate required by Subsection (a) is filed.
  SUBCHAPTER D. EVIDENCE IN PROCEEDING TO DECLARE APPLICANT AS
  PERSONAL REPRESENTATIVE FOR A LIMITED PURPOSE
         Sec. 457.151.  EVIDENCE IN PROCEEDING TO DECLARE PERSONAL
  REPRESENTATIVE FOR A LIMITED PURPOSE. (a) The court may require
  that any testimony admitted as evidence in a proceeding to declare
  a personal representative for the limited purpose of obtaining a
  deceased patient's medical records from a state hospital be reduced
  to writing and subscribed and sworn to by the witnesses,
  respectively.
         (b)  Testimony in a proceeding to declare a personal
  representative for the limited purpose of obtaining a deceased
  patient's medical records from a state hospital must be taken in
  open court, by deposition in accordance with Section 51.203, or in
  accordance with the Texas Rules of Civil Procedure.
  SUBCHAPTER E. JUDGMENT IN PROCEEDING TO DECLARE APPLICANT AS
  PERSONAL REPRESENTATIVE FOR A LIMITED PURPOSE
         Sec. 457.201.  REQUIRED STATEMENTS IN JUDGMENT. The
  judgment in a proceeding to declare a personal representative for
  the limited purpose of obtaining a deceased patient's medical
  records from a state hospital must state:
               (1)  the deceased patient's name;
               (2)  the state hospital that is in possession of the
  deceased patient's medical records; 
               (3)  that the applicant is a descendant of the deceased
  patient;
               (4)  that the applicant is an adult; 
               (5)  that the applicant is seeking to be appointed as a
  personal representative for the limited purpose of obtaining the
  deceased patient's medical records from a state hospital;
               (6)  that releasing the medical records is not
  inconsistent with any prior expressed preference of the deceased
  patient or the personal representatives of the deceased patient's
  estate that is known to the state hospital; and
               (7)  that the state hospital must release the deceased
  patient's medical records to the applicant.
         Sec. 457.202.  FINALITY AND APPEAL OF JUDGMENT. The
  judgment in a proceeding to declare a personal representative for
  the limited purpose of obtaining a deceased patient's medical
  records from a state hospital is a final judgment.
         Sec. 457.203.  LIMITATION OF LIABILITY OF CERTAIN PERSONS
  ACTING IN ACCORDANCE WITH JUDGMENT. (a) The judgment in a
  proceeding to declare a personal representative for the limited
  purpose of obtaining a deceased patient's medical records from a
  state hospital is conclusive.
         (b)  A state hospital is not liable to another person for
  releasing to the applicant a deceased patient's medical records in
  good faith after a judgment is entered that declares the applicant a
  personal representative for the limited purpose of obtaining a
  deceased patient's medical records from a state hospital.
         Sec. 457.204.  FILING AND RECORDING OF JUDGMENT. (a) A
  certified copy of the judgment in a proceeding to declare a personal
  representative for the limited purpose of obtaining a deceased
  patient's medical records from a state hospital may be filed for
  record in the office of the county clerk of the county in which the
  suit is filed.
         (b)  On the filing of a judgment in accordance with
  Subsection (a), the judgment constitutes constructive notice of the
  facts stated in the judgment.
         Sec. 457.205.  RECOGNITION OF PATIENT'S EXPRESSED
  PREFERENCE. A state hospital may not release to the applicant the
  medical records of the deceased patient upon a court issuing a
  judgment that declares the applicant a personal representative for
  the limited purpose of obtaining the deceased patient's medical
  records from a state hospital if releasing the medical records to
  the applicant is inconsistent with the prior expressed preference
  of the deceased patient or personal representative of the deceased
  patient's estate.
         Sec. 457.206.  DURATION OF APPOINTMENT. The appointment of
  an applicant as a personal representative for the limited purpose
  of obtaining a deceased patient's medical records from a state
  hospital terminates when the applicant obtains the medical records
  from the state hospital.
         SECTION 3.  This Act takes effect September 1, 2019.
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