HB 4845

Amends the Code of Civil Procedure. Creates an authorization and form for the release of an incapacitated person's health care records. Provides that an incapacitated person's health care records must be released upon written request of the guardian of the incapacitated person or by an agent appointed by the incapacitated person under a power of attorney for health care. Provides that, if no guardian or agent exists and the incapacitated person did not specifically object to disclosure of the incapacitated person's records in writing, then an incapacitated person's health care records must be released upon the written request of a person in one of these categories: (1) the incapacitated person's spouse; or (2) if there is no spouse, any one or more of the following: (i) an adult child of the incapacitated person, (ii) a parent of the incapacitated person, or (iii) an adult sibling of the incapacitated person. Provides that the named authorized relative upon request for records of a incapacitated person, shall provide the facility or practitioner with a statement of a treating health care provider that the person is incapacitated. Effective immediately.