that the production of records must be made in a timely manner. All of these
provisions fairly supplement and clarify the requirements of Amendment 7, and it
is hard to imagine how these provisions would conflict with Amendment 7 in a
way that would render them unconstitutional.
The most important provisions of section 381.028 are those which clarify
which records must be disclosed in response to an Amendment 7 request. FHA
agrees that Amendment 7 mandates the disclosure to patients of certain medical
records which were heretofore deemed confidential by statute, but the Amendment
does not clearly specify the records that must be disclosed. The hospitals' concern
is to be able to readily determine just what records must be disclosed upon a
request so that they can promptly and efficiently respond to such requests without
becoming engaged in ancillary litigation.
Amendment 7 provides in Article X, section 25(a) that "patients have a right
to have access to any records made or received in the course of business by a
health care facility or provider relating to any adverse medical incident."
Article X, section 25(c)(3), defined an adverse medical incident as follows:
The phrase "adverse medical incident" means medical negligence, intentional misconduct, and any other act, neglect, or default of a health care facility or health care provider that caused or could have caused injury to or death of a patient, including, but not limited to, those incidents that are required by state or federal law to be reported to any governmental agency or body, and incidents that are reported to or reviewed by any health care facility peer review, risk management,