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 2-24 ------------------------------------------------------------------- 2-25 Name: Bill McKee x 2-26 Representing: Bexar Co Legal Aid 2-27 City: San Antonio 2-28 ------------------------------------------------------------------- 2-29 Name: Cristen Conley x 2-30 Representing: W. TX Legal Services 2-31 City: Denton 2-32 ------------------------------------------------------------------- 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 2-40 -------------------------------------------------------------------