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HB923

Regular Session

Relating to the Texas Medical Disclosure Panel.

Low
Low Cost
Effective:2025-06-20
Enforcing Agencies

Health and Human Services Commission (HHSC) • Texas Medical Disclosure Panel

HB923
Relating to the Texas Medical Disclosure Panel.
Low Urgency
Heavily Contested
House Vote109 - 29
YEA
NAY
79% in favor138 voting
Senate Vote30 - 1
YEA
97% in favor31 voting
30
Total Opposition Votes
Cost Impact
Low
Effective
2025-06-20
Enforcing Agencies
HHSCTexas Medical Disclosure Panel
Primary Author: Rep. Cassandra Garcia Hernandez
89th Texas Legislature
jdkey.com
01

Compliance Analysis

Key implementation requirements and action items for compliance with this legislation

Implementation Timeline

  • Effective Date: June 20, 2025 (Immediate effect due to supermajority vote).
  • Compliance Deadline: January 1, 2026 (Statutory deadline for HHSC to seat the new panel; provider compliance with new forms will follow subsequent rulemaking).
  • Agency Rulemaking: The Health and Human Services Commission (HHSC) must appoint new members by January 1, 2026. Expect a "regulatory gray zone" in Q1 2026 as the new panel convenes to review existing List A and List B disclosure requirements.

Immediate Action Plan

  • 1. Hold Current Forms: Do not alter your current Informed Consent documents based on this bill passage. Continue using existing TMDP forms to maintain your rebuttable presumption of non-negligence.
  • 2. Calendar the Change: Set a compliance alert for January 15, 2026, to check the Texas Register for the announcement of the new panel members.
  • 3. Submit Nominations: If your organization wishes to influence the panel's makeup, submit nominations for the attorney and physician seats to the HHSC Executive Commissioner before Q4 2025.
  • 4. Review "List A" Procedures: Identify your high-volume procedures currently on "List A." These will likely be the first targets for language revision by the new panel.

Operational Changes Required

Contracts

Informed Consent Documents: No immediate changes are required for standard admission or procedure consent forms. However, General Counsel should prepare for a mandatory revision of these documents in 2026. The new panel composition makes it highly probable that current "legalese" in consent forms will be challenged.

Hiring/Training

Risk Management Monitoring: Designate a Risk Management Officer or Compliance Lead to monitor TMDP meeting minutes starting January 2026. No new certifications are required for clinical staff.

Reporting & Record-Keeping

Internal Audits: Providers should audit their current utilization of TMDP disclosure forms. Ensure your facility is using the most current version *now*, so that when the panel updates the requirements, you are not two cycles behind.

Fees & Costs

Budget Neutral: There are no new state fees or licensure costs associated with this legislation.

Strategic Ambiguities & Considerations

"Health Literacy" Interpretation: The law mandates the appointment of a member with a background in "health literacy." The statute does not define the metric for this (e.g., 6th-grade reading level vs. 8th-grade). If the new panel adopts a strict health literacy standard, entire libraries of standard consent forms may need to be rewritten and reprinted to maintain the liability shield.

Public Interest vs. Provider Expertise: The law prohibits public members from having ties to healthcare or insurance industries. This creates a potential adversarial dynamic within the panel. While the "physician quorum" rule protects against clinical errors, the "public interest" mandate may lead to broader, more cumbersome disclosure lists.

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Information presented is for general knowledge only and is provided without warranty, express or implied. Consult qualified government affairs professionals and legal counsel before making compliance decisions.

02

Legislative Timeline

This bill's path through the Texas Legislature

Filed
Nov 12, 2024
Passed House
Apr 30, 2025
Passed Senate
May 20, 2025
Signed
Jun 20, 2025
TopicsHealth Care ProvidersHealthHealth--generalPhysiciansHealth & Human Services CommissionCivil Remedies & LiabilitiesMedical Disclosure Panel, Texas
03

House Authors

Rep. Cassandra Garcia HernandezDemocrat · Primary Author
Joint Authors

Senate Sponsor

Sen. Cesar BlancoDemocrat · Primary Sponsor

Bill Text(with markup)

View bill text in multiple formats on Texas Legislature website

Fiscal NoteView Original

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Quick Reference

Frequently Asked Questions

Common questions about HB923

Q

What does Texas HB923 do?

HB923 fundamentally restructures the Texas Medical Disclosure Panel (TMDP) effective June 20, 2025, expanding its membership from 9 to 13 to include patient advocates and health literacy experts. While this does not invalidate current informed consent forms immediately, healthcare providers must anticipate a regulatory shift toward "plain language" disclosures and stricter patient-centric requirements beginning in 2026. Implementation Timeline Effective Date: June 20, 2025 (Immediate effect due to supermajority vote).

Q

Who authored HB923?

HB923 was authored by Texas Representative Cassandra Garcia Hernandez during the Regular Session.

Q

When was HB923 signed into law?

HB923 was signed into law by Governor Greg Abbott on June 20, 2025.

Q

Which agencies enforce HB923?

HB923 is enforced by Health and Human Services Commission (HHSC) and Texas Medical Disclosure Panel.

Q

How urgent is compliance with HB923?

The compliance urgency for HB923 is rated as "low". Businesses and organizations should review the requirements and timeline to ensure timely compliance.

Q

What is the cost impact of HB923?

The cost impact of HB923 is estimated as "low". This may vary based on industry and implementation requirements.

Q

What topics does HB923 address?

HB923 addresses topics including health care providers, health, health--general, physicians and health & human services commission.

Legislative data provided by LegiScanLast updated: November 25, 2025

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