HBA-MSH C.S.H.B. 2407 77(R)BILL ANALYSIS Office of House Bill AnalysisC.S.H.B. 2407 By: Gray Public Health 4/23/2001 Committee Report (Substituted) BACKGROUND AND PURPOSE The 76th Legislature gave certain licensing boards within the Texas Department of Health (TDH) subpoena power to aid in the investigation of complaints against licensees. A provision was included that guaranteed the confidentiality of materials compiled by the board in relation to the complaint with certain stipulated exceptions. Prior to this legislation, TDH would release a complaint history on any of its licensees. Because the legislation did not include this history within the information subject to open records, the attorney general ruled against the continued release of the complaint histories. C.S.H.B. 2407 repeals provisions guaranteeing the confidentiality of complaint related information. RULEMAKING AUTHORITY It is the opinion of the Office of House Bill Analysis that this bill does not expressly delegate any additional rulemaking authority to a state officer, department, agency, or institution. ANALYSIS C.S.H.B. 2407 amends law to remove provisions that provide that all information and materials subpoenaed or compiled by certain health-related agencies in connection with a complaint and investigation are confidential and not subject to disclosure, discovery, subpoena, or other means of legal compulsion for their release to anyone other than certain authorized persons involved in the discipline of the holder of a license. The bill also removes provisions that provide that the filing of formal charges by those agencies against a holder of a license, the nature of those charges, disciplinary proceedings of the board, and final disciplinary actions including warnings and reprimands are not confidential and are subject to disclosure. The bill provides that information obtained or compiled by the Texas Department of Health (TDH) in connection with a complaint or investigation of a hospital or mental health facility that is confidential by law remains confidential and is not subject to disclosure under provisions regarding public information. EFFECTIVE DATE September 1, 2001. COMPARISON OF ORIGINAL TO SUBSTITUTE C.S.H.B. 2407 differs from the original by adding the Texas Board of Health when regulating mental health facilities to the agencies to which the bill applies. The substitute provides for the confidentiality of information obtained by the Texas Department of Health in connection with an investigation of a hospital or mental health facility.