By: Luna S.B. No. 1413
A BILL TO BE ENTITLED
AN ACT
1-1 relating to fees charged by health care providers or health care
1-2 facilities for certain medical or mental health records.
1-3 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
1-4 SECTION 1. Chapter 161, Health and Safety Code, is amended
1-5 by adding Subchapter L to read as follows:
1-6 SUBCHAPTER L. MEDICAL OR MENTAL HEALTH RECORDS
1-7 Sec. 161.201. FEES. (a) A health care provider or health
1-8 care facility may not charge a fee for a medical or mental health
1-9 record requested by a patient or former patient, or by an attorney
1-10 or other authorized representative of the patient or former
1-11 patient, for use in supporting a claim or an application for or an
1-12 appeal relating to denial of:
1-13 (1) financial assistance under Chapter 31, Human
1-14 Resources Code;
1-15 (2) medical assistance under Chapter 32, Human
1-16 Resources Code;
1-17 (3) insurance benefits under Title XVIII, Social
1-18 Security Act (42 U.S.C. Section 1395 et seq.);
1-19 (4) disability insurance benefits, supplemental
1-20 security income, or other benefits under the Social Security Act
1-21 (42 U.S.C. Section 301 et seq.); or
1-22 (5) workers' compensation benefits under the Texas
1-23 Workers' Compensation Act (Article 8308-1.01 et seq., Vernon's
1-24 Texas Civil Statutes).
2-1 (b) A person who requests a record under this section shall
2-2 include with the request a statement or document from the
2-3 department or agency that administers the issuance of the
2-4 assistance or benefits that confirms the claim, application, or
2-5 appeal.
2-6 Sec. 161.202. DISTRIBUTION OF RECORDS. A health care
2-7 provider or health care facility shall provide to the requestor a
2-8 medical or mental health record requested under Section 161.201 not
2-9 later than the 30th day after the date on which the provider or
2-10 facility receives the request.
2-11 Sec. 161.203. APPLICATION OF OTHER LAW. This subchapter
2-12 controls over Section 5.08(k), Medical Practice Act (Article 4495b,
2-13 Vernon's Texas Civil Statutes), and any other provision that
2-14 authorizes the charging of a fee for providing medical or mental
2-15 health records.
2-16 SECTION 2. The importance of this legislation and the
2-17 crowded condition of the calendars in both houses create an
2-18 emergency and an imperative public necessity that the
2-19 constitutional rule requiring bills to be read on three several
2-20 days in each house be suspended, and this rule is hereby suspended,
2-21 and that this Act take effect and be in force from and after its
2-22 passage, and it is so enacted.