By:  Luna                                             S.B. No. 1413
       73R8097 CLG-D
                                 A BILL TO BE ENTITLED
    1-1                                AN ACT
    1-2  relating to fees charged by health care providers or health care
    1-3  facilities for certain medical or mental health records.
    1-4        BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
    1-5        SECTION 1.  Chapter 161, Health and Safety Code, is amended
    1-6  by adding Subchapter L to read as follows:
    1-7            SUBCHAPTER L.  MEDICAL OR MENTAL HEALTH RECORDS
    1-8        Sec. 161.201.  FEES.  A health care provider or health care
    1-9  facility may not charge a fee for a medical or mental health record
   1-10  requested by a person for use by the person in supporting a claim
   1-11  or an application for, or an appeal relating to denial of:
   1-12              (1)  financial assistance under Chapter 31, Human
   1-13  Resources Code;
   1-14              (2)  medical assistance under Chapter 32, Human
   1-15  Resources Code;
   1-16              (3)  insurance benefits under Title XVIII, Social
   1-17  Security Act (42 U.S.C. Section 1395 et seq.); or
   1-18              (4)  disability insurance benefits, supplemental
   1-19  security income, or other benefits under the Social Security Act
   1-20  (42 U.S.C. Section 301 et seq.).
   1-21        Sec. 161.202.  APPLICATION OF OTHER LAW.  This subchapter
   1-22  controls over Section 5.08(k), Medical Practice Act (Article 4495b,
   1-23  Vernon's Texas Civil Statutes), and any other provision that
   1-24  authorizes the charging of a fee for providing medical or mental
    2-1  health records.
    2-2        SECTION 2.  The importance of this legislation and the
    2-3  crowded condition of the calendars in both houses create an
    2-4  emergency and an imperative public necessity that the
    2-5  constitutional rule requiring bills to be read on three several
    2-6  days in each house be suspended, and this rule is hereby suspended,
    2-7  and that this Act take effect and be in force from and after its
    2-8  passage, and it is so enacted.