BILL ANALYSIS


                                                     C.S.S.B. 133
                                                         By: Luna
                                        Health and Human Services
                                                          2-23-95
                                   Committee Report (Substituted)

BACKGROUND

Copies of medical records are essential for individuals seeking
disability benefits.  An increasing number of health care providers
are imposing prohibitive charges for medical records, ranging from
$2-$10 per page to a $50 first page copying fee.  Individuals may
be denied benefits simply because they cannot afford to purchase
the medical records that would document their eligibility for these
programs.

PURPOSE

As proposed, C.S.S.B. 133 prohibits a health care provider or
facility from charging a fee for medical records required for use
in applications or appeals relating to the denial of certain
benefits and assistance.

RULEMAKING AUTHORITY

It is the committee's opinion that this bill does not grant any
additional rulemaking authority to a state officer, institution, or
agency.

SECTION BY SECTION ANALYSIS

SECTION 1. Amends Chapter 161, Health and Safety Code, by adding
Subchapter M, as follows:

         SUBCHAPTER M.  MEDICAL OR MENTAL HEALTH RECORDS

     Sec. 161.201.  DEFINITION.  Defines "health care provider."
     
     Sec. 161.202.  FEES.  (a) Prohibits a health care provider or
     facility from charging a fee for a medical or mental health
     record requested by a patient, former patient, or an
     authorized representative for use in supporting an application
     for disability or other benefits or assistance, or an appeal
     relating to the denial of assistance or benefits under Aid to
     Families with Dependent Children, Medicaid, or Social
     Security.  
     
     (b) Requires a person who requests a record under this
       section to include a statement or document from the
       department or agency that administers the issuance of the
       assistance or benefits confirming the application or appeal.
       
     Sec. 161.203.  DISTRIBUTION OF RECORDS.  Requires a health
     care provider or facility to provide the requested records
     within 30 days of receiving the request.
     
     Sec. 161.204.  APPLICATION OF OTHER LAW.  Provides that this
     subchapter controls over Sections 611.0045 and 5.08(k),
     Article 4495b, V.T.C.S., and any other provision that
     authorizes the charging of a fee for providing medical or
     mental health records.
     
SECTION 2. Emergency clause.
           Effective date:  upon passage.