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.