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.