Texas Health and Safety Code 241.184 – Confidentiality; Privilege
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(a) All information and materials submitted by a hospital to the department under § 241.183(d) are confidential and:
(1) are not subject to disclosure under Chapter 552, Government Code, or discovery, subpoena, or other means of legal compulsion for release to any person; and
(2) may not be admitted as evidence or otherwise disclosed in any civil, criminal, or administrative proceeding.
(b) The confidentiality protections under Subsection (a) apply without regard to whether the information or materials are submitted by a hospital or an entity that has an ownership or management interest in a hospital.
Terms Used In Texas Health and Safety Code 241.184
- Discovery: Lawyers' examination, before trial, of facts and documents in possession of the opponents to help the lawyers prepare for trial.
- Evidence: Information presented in testimony or in documents that is used to persuade the fact finder (judge or jury) to decide the case for one side or the other.
- Person: includes corporation, organization, government or governmental subdivision or agency, business trust, estate, trust, partnership, association, and any other legal entity. See Texas Government Code 311.005
- Subpoena: A command to a witness to appear and give testimony.
(c) A state employee or officer may not be examined in a civil, criminal, or special proceeding, or any other proceeding, regarding the existence or contents of information or materials submitted to the department under § 241.183(d).
(d) The submission of information or materials under § 241.183(d) is not a waiver of a privilege or protection granted under law.
(e) The provisions of this section regarding the confidentiality of information or materials submitted by a hospital in compliance with § 241.183(d) do not restrict access, to the extent authorized by law, by the patient or the patient’s legally authorized representative to records of the patient’s medical diagnosis or treatment or to other primary health records.
(f) A department summary or disclosure, including an assignment of a level of care designation, may not contain information identifying a patient, employee, contractor, volunteer, consultant, health care practitioner, student, or trainee.