By:  Luna                                              S.B. No. 133
                                 A BILL TO BE ENTITLED
                                        AN ACT
    1-1  relating to distribution of and fees charged by health care
    1-2  providers or health care facilities for certain medical or mental
    1-3  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 M to read as follows:
    1-7            SUBCHAPTER M.  MEDICAL OR MENTAL HEALTH RECORDS
    1-8        Sec. 161.201.  DEFINITION. In this subchapter, "health care
    1-9  provider" means a person who is licensed, certified, or otherwise
   1-10  authorized by the laws of this state to provide or render health
   1-11  care in the ordinary course of business or practice of a
   1-12  profession.
   1-13        Sec. 161.202.  FEES.  (a)  A health care provider or health
   1-14  care facility may not charge a fee for a medical or mental health
   1-15  record requested by a patient or former patient, or by an attorney
   1-16  or other authorized representative of the patient or former
   1-17  patient, for use in supporting an application for disability
   1-18  benefits or other benefits or assistance the patient or former
   1-19  patient may be eligible to receive based on that patient's or
   1-20  former patient's disability, or an appeal relating to denial of
   1-21  those benefits or assistance under:
   1-22              (1)  Chapter 31, Human Resources Code;
   1-23              (2)  the state Medicaid program;
   1-24              (3)  Title II, the federal Social Security Act, as
    2-1  amended (42 U.S.C. Section 401 et seq.);
    2-2              (4)  Title XVI, the federal Social Security Act, as
    2-3  amended (42 U.S.C. Section 1382 et seq.); or
    2-4              (5)  Title XVIII, the federal Social Security Act, as
    2-5  amended (42 U.S.C. Section 1395 et seq.).
    2-6        (b)  A person who requests a record under this section shall
    2-7  include with the request a statement or document from the
    2-8  department or agency that administers the issuance of the
    2-9  assistance or benefits that confirms the application or appeal.
   2-10        Sec. 161.203.  DISTRIBUTION OF RECORDS.  A health care
   2-11  provider or health care facility shall provide to the requestor a
   2-12  medical or mental health record requested under Section 161.202 not
   2-13  later than the 30th day after the date on which the provider or
   2-14  facility receives the request.
   2-15        Sec. 161.204.  APPLICATION OF OTHER LAW.  This subchapter
   2-16  controls over Section 611.0045 and Section 5.08(k), Medical
   2-17  Practice Act (Article 4495b, Vernon's Texas Civil Statutes), and
   2-18  any other provision that authorizes the charging of a fee for
   2-19  providing medical or mental health records.
   2-20        SECTION 2.  The importance of this legislation and the
   2-21  crowded condition of the calendars in both houses create an
   2-22  emergency and an imperative public necessity that the
   2-23  constitutional rule requiring bills to be read on three several
   2-24  days in each house be suspended, and this rule is hereby suspended,
   2-25  and that this Act take effect and be in force from and after its
   2-26  passage, and it is so enacted.