Sec. 1357.054. ACCESS TO PERSONAL INFORMATION. (a) A supporter is only authorized to assist the adult with a disability in accessing, collecting, or obtaining information that is relevant to a decision authorized under the supported decision-making agreement.
(b) If a supporter assists an adult with a disability in accessing, collecting, or obtaining personal information, including protected health information under the Health Insurance Portability and Accountability Act of 1996 (Pub. L. No. 104-191) or educational records under the Family Educational Rights and Privacy Act of 1974 (20 U.S.C. Section 1232g), the supporter shall ensure the information is kept privileged and confidential, as applicable, and is not subject to unauthorized access, use, or disclosure.
(c) The existence of a supported decision-making agreement does not preclude an adult with a disability from seeking personal information without the assistance of a supporter.
Added by Acts 2015, 84th Leg., R.S., Ch. 214 (H.B. 39), Sec. 23, eff. September 1, 2015.
Added by Acts 2015, 84th Leg., R.S., Ch. 1224 (S.B. 1881), Sec. 1, eff. June 19, 2015.
Structure Texas Statutes
Title 3 - Guardianship and Related Procedures
Subtitle I - Other Special Proceedings and Substitutes for Guardianship
Chapter 1357 - Supported Decision-Making Agreement Act
Subchapter B. Scope of Agreement and Agreement Requirements
Section 1357.051. Scope of Supported Decision-Making Agreement
Section 1357.052. Authority of Supporter; Nature of Relationship
Section 1357.0525. Designation of Alternate Supporter in Certain Circumstances
Section 1357.053. Term of Agreement
Section 1357.054. Access to Personal Information
Section 1357.055. Authorizing and Witnessing of Supported Decision-Making Agreement
Section 1357.056. Form of Supported Decision-Making Agreement