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
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 |
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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. |