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 -------------------------------------------------------------------