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.