1-1  By:  Luna                                             S.B. No. 1413
    1-2        (In the Senate - Filed April 22, 1993; April 26, 1993, read
    1-3  first time and referred to Committee on Health and Human Services;
    1-4  May 4, 1993, reported adversely, with favorable Committee
    1-5  Substitute by the following vote:  Yeas 8, Nays 0; May 4, 1993,
    1-6  sent to printer.)
    1-7                            COMMITTEE VOTE
    1-8                          Yea     Nay      PNV      Absent 
    1-9        Zaffirini          x                               
   1-10        Ellis              x                               
   1-11        Madla              x                               
   1-12        Moncrief           x                               
   1-13        Nelson             x                               
   1-14        Patterson                                      x   
   1-15        Shelley            x                               
   1-16        Truan              x                               
   1-17        Wentworth          x                               
   1-18  COMMITTEE SUBSTITUTE FOR S.B. No. 1413                By:  Moncrief
   1-19                         A BILL TO BE ENTITLED
   1-20                                AN ACT
   1-21  relating to fees charged by health care providers or health care
   1-22  facilities for certain medical or mental health records.
   1-23        BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
   1-24        SECTION 1.  Chapter 161, Health and Safety Code, is amended
   1-25  by adding Subchapter L to read as follows:
   1-26            SUBCHAPTER L.  MEDICAL OR MENTAL HEALTH RECORDS
   1-27        Sec. 161.201.  FEES.  (a)  A health care provider or health
   1-28  care facility may not charge a fee for a medical or mental health
   1-29  record requested by a patient or former patient, or by an attorney
   1-30  or other authorized representative of the patient or former
   1-31  patient, for use in supporting a claim or an application for or an
   1-32  appeal relating to denial of:
   1-33              (1)  financial assistance under Chapter 31, Human
   1-34  Resources Code;
   1-35              (2)  medical assistance under Chapter 32, Human
   1-36  Resources Code;
   1-37              (3)  insurance benefits under Title XVIII, Social
   1-38  Security Act (42 U.S.C. Section 1395 et seq.);
   1-39              (4)  disability insurance benefits, supplemental
   1-40  security income, or other benefits under the Social Security Act
   1-41  (42 U.S.C. Section 301 et seq.); or
   1-42              (5)  workers' compensation benefits under the Texas
   1-43  Workers' Compensation Act (Article 8308-1.01 et seq., Vernon's
   1-44  Texas Civil Statutes).
   1-45        (b)  A person who requests a record under this section shall
   1-46  include with the request a statement or document from the
   1-47  department or agency that administers the issuance of the
   1-48  assistance or benefits that confirms the claim, application, or
   1-49  appeal.
   1-50        Sec. 161.202.  DISTRIBUTION OF RECORDS.  A health care
   1-51  provider or health care facility shall provide to the requestor a
   1-52  medical or mental health record requested under Section 161.201 not
   1-53  later than the 30th day after the date on which the provider or
   1-54  facility receives the request.
   1-55        Sec. 161.203.  APPLICATION OF OTHER LAW.  This subchapter
   1-56  controls over Section 5.08(k), Medical Practice Act (Article 4495b,
   1-57  Vernon's Texas Civil Statutes), and any other provision that
   1-58  authorizes the charging of a fee for providing medical or mental
   1-59  health records.
   1-60        SECTION 2.  The importance of this legislation and the
   1-61  crowded condition of the calendars in both houses create an
   1-62  emergency and an imperative public necessity that the
   1-63  constitutional rule requiring bills to be read on three several
   1-64  days in each house be suspended, and this rule is hereby suspended,
   1-65  and that this Act take effect and be in force from and after its
   1-66  passage, and it is so enacted.
   1-67                               * * * * *
   1-68                                                         Austin,
    2-1  Texas
    2-2                                                         May 4, 1993
    2-3  Hon. Bob Bullock
    2-4  President of the Senate
    2-5  Sir:
    2-6  We, your Committee on Health and Human Services to which was
    2-7  referred S.B. No. 1413, have had the same under consideration, and
    2-8  I am instructed to report it back to the Senate with the
    2-9  recommendation that it do not pass, but that the Committee
   2-10  Substitute adopted in lieu thereof do pass and be printed.
   2-11                                                         Zaffirini,
   2-12  Chair
   2-13                               * * * * *
   2-14                               WITNESSES
   2-15                                                  FOR   AGAINST  ON
   2-16  ___________________________________________________________________
   2-17  Name:  Errol A. Summerlin                        x
   2-18  Representing:  Coastal Bend Legal Services
   2-19  City:  Corpus Christi
   2-20  -------------------------------------------------------------------
   2-21  Name:  Mary Dees                                 x
   2-22  Representing:  TX Mental Health Consumers
   2-23  City:  Austin
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   2-25  Name:  Bill McKee                                x
   2-26  Representing:  Bexar Co Legal Aid
   2-27  City:  San Antonio
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   2-29  Name:  Cristen Conley                            x
   2-30  Representing:  W. TX Legal Services
   2-31  City:  Denton
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   2-33  Name:  Lisa McGifferet                           x
   2-34  Representing:  Consumers Union
   2-35  City:  Austin
   2-36  -------------------------------------------------------------------
   2-37  Name:  Barrett Markland                          x
   2-38  Representing:  Advocacy, Inc
   2-39  City:  Austin
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