Tex. Health & Safety Code Section 241.153
Disclosure Without Written Authorization


A patient’s health care information may be disclosed without the patient’s authorization if the disclosure is:

(1)

directory information, unless the patient has instructed the hospital not to make the disclosure or the directory information is otherwise protected by state or federal law;

(2)

to a health care provider who is rendering health care to the patient when the request for the disclosure is made;

(3)

to a transporting emergency medical services provider for the purpose of:

(A)

treatment or payment, as those terms are defined by the regulations adopted under the Health Insurance Portability and Accountability Act of 1996 (Pub. L. No. 104-191); or

(B)

the following health care operations described by the regulations adopted under the Health Insurance Portability and Accountability Act of 1996 (Pub. L. No. 104-191):
(i)
quality assessment and improvement activities;
(ii)
specified insurance functions;
(iii)
conducting or arranging for medical reviews; or
(iv)
competency assurance activities;

(4)

to a member of the clergy specifically designated by the patient;

(5)

to a procurement organization as defined in Section 692A.002 (Definitions) for the purpose of making inquiries relating to donations according to the protocol referred to in Section 692A.015 (Coordination of Procurement and Use; Hospital Procedures);

(6)

to a prospective health care provider for the purpose of securing the services of that health care provider as part of the patient’s continuum of care, as determined by the patient’s attending physician;

(7)

to a person authorized to consent to medical treatment under Chapter 313 (Consent to Medical Treatment Act) or to a person in a circumstance exempted from Chapter 313 (Consent to Medical Treatment Act) to facilitate the adequate provision of treatment;

(8)

to an employee or agent of the hospital who requires health care information for health care education, quality assurance, or peer review or for assisting the hospital in the delivery of health care or in complying with statutory, licensing, accreditation, or certification requirements and if the hospital takes appropriate action to ensure that the employee or agent:

(A)

will not use or disclose the health care information for any other purpose; and

(B)

will take appropriate steps to protect the health care information;

(9)

to a federal, state, or local government agency or authority to the extent authorized or required by law;

(10)

to a hospital that is the successor in interest to the hospital maintaining the health care information;

(11)

to the American Red Cross for the specific purpose of fulfilling the duties specified under its charter granted as an instrumentality of the United States government;

(12)

to a regional poison control center, as the term is used in Chapter 777 (Regional Poison Control Centers), to the extent necessary to enable the center to provide information and education to health professionals involved in the management of poison and overdose victims, including information regarding appropriate therapeutic use of medications, their compatibility and stability, and adverse drug reactions and interactions;

(13)

to a health care utilization review agent who requires the health care information for utilization review of health care under Chapter 4201, Insurance Code;

(14)

for use in a research project authorized by an institutional review board under federal law;

(15)

to health care personnel of a penal or other custodial institution in which the patient is detained if the disclosure is for the sole purpose of providing health care to the patient;

(16)

to facilitate reimbursement to a hospital, other health care provider, or the patient for medical services or supplies;

(17)

to a health maintenance organization for purposes of maintaining a statistical reporting system as required by a rule adopted by a state agency or regulations adopted under the federal Health Maintenance Organization Act of 1973, as amended (42 U.S.C. Section 300e et seq.);

(18)

to satisfy a request for medical records of a deceased or incompetent person pursuant to Section 74.051 (Notice)(e), Civil Practice and Remedies Code;

(19)

to comply with a court order except as provided by Subdivision (20); or

(20)

related to a judicial proceeding in which the patient is a party and the disclosure is requested under a subpoena issued under:

(A)

the Texas Rules of Civil Procedure or Code of Criminal Procedure; or

(B)

Chapter 121 (Acknowledgments and Proofs of Written Instruments), Civil Practice and Remedies Code.
Added by Acts 1995, 74th Leg., ch. 856, Sec. 1, eff. Sept. 1, 1995. Amended by Acts 1997, 75th Leg., ch. 498, Sec. 3, eff. Sept. 1, 1997; Acts 1997, 75th Leg., ch. 847, Sec. 1, eff. Sept. 1, 1997.
Amended by:
Acts 2005, 79th Leg., Ch. 136 (H.B. 739), Sec. 1, eff. September 1, 2005.
Acts 2005, 79th Leg., Ch. 337 (S.B. 1113), Sec. 1, eff. September 1, 2005.
Acts 2009, 81st Leg., R.S., Ch. 186 (H.B. 2027), Sec. 2, eff. September 1, 2009.

Source: Section 241.153 — Disclosure Without Written Authorization, https://statutes.­capitol.­texas.­gov/Docs/HS/htm/HS.­241.­htm#241.­153 (accessed Jun. 5, 2024).

241.001
Short Title
241.002
Purpose
241.003
Definitions
241.004
Exemptions
241.005
Employment of Personnel
241.006
Coordination of Signage Requirements Imposed by State Agencies
241.007
Compliance with Certain Requirements Regarding Sonogram Before Abortion
241.009
Photo Identification Badge Required
241.010
Disposition of Fetal Remains
241.011
Human Trafficking Signs Required
241.012
In-person Hospital Visitation During Period of Disaster
241.021
License Required
241.022
License Application
241.023
Issuance of License
241.025
License Fees
241.026
Rules and Minimum Standards
241.027
Patient Transfers
241.028
Transfer Agreements
241.029
Policies and Procedures Relating to Workplace Safety
241.051
Inspections
241.052
Compliance with Rules and Standards
241.053
Denial of Application, Suspension, Revocation, Probation, or Reissuance of License
241.054
Violations
241.055
Civil Penalty
241.056
Suit by Person Harmed
241.057
Criminal Penalty
241.058
Minor Violations
241.059
Administrative Penalty
241.060
Administrative Penalty for Mental Health, Chemical Dependency, or Rehabilitation Services
241.101
Hospital Authority Concerning Medical Staff
241.102
Authorizations and Restrictions in Relation to Physicians and Podiatrists
241.103
Preservation of Records
241.104
Hospital Plan Reviews
241.105
Hospital Privileges for Advanced Practice Nurses and Physician Assistants
241.121
Definition
241.122
License Required
241.123
Rehabilitation Services Standards
241.151
Definitions
241.152
Written Authorization for Disclosure of Health Care Information
241.153
Disclosure Without Written Authorization
241.154
Request
241.155
Safeguards for Security of Health Care Information
241.156
Patient Remedies
241.182
Level of Care Designations
241.183
Rules
241.184
Confidentiality
241.185
Assignment of Level of Care Designation
241.186
Hospital Not Designated
241.187
Perinatal Advisory Council
241.201
Applicability
241.202
Advertising
241.204
Administrative Penalty
241.205
Disclosure Statement Required
241.221
Applicability
241.222
Certain Fees Prohibited
241.223
Disclosure of Certain Prices and Fees During Declared Disaster
241.224
Prohibited Pricing Practices During Declared State of Disaster
241.225
Enforcement
241.251
Applicability
241.252
Notice of Fees
241.0262
Circulating Duties for Surgical Services
241.0263
Recommendations Relating to Missing Infants
241.0265
Standards for Care for Mental Health and Chemical Dependency
241.301
Definition
241.302
License Required
241.303
Licensing Fee
241.351
Definition
241.352
Limitation on Civil Liability of Children’s Isolation Unit
241.401
Definitions
241.402
Approval Required
241.403
Minimum Standards
241.404
Application
241.405
Fee
241.406
Waiver of Requirements
241.0531
Commissioner’s Emergency Orders
241.0555
Additional Requirements: Potentially Preventable Adverse Events
241.0585
Recovery of Costs
241.1015
Physician Communication and Contracts
241.1031
Preservation of Record from Forensic Medical Examination
241.1531
Exchange of Inmate’s Health Care Information
241.1835
Use of Telemedicine Medical Services
241.1836
Appeal Process
241.1837
Patient Safety Practices Regarding Placenta Accreta Spectrum Disorder
241.1865
Waiver from Level of Care Designation Requirements

Accessed:
Jun. 5, 2024

§ 241.153’s source at texas​.gov