By Luna S.B. No. 133 74R2579 CLG-F A BILL TO BE ENTITLED 1-1 AN ACT 1-2 relating to fees charged by health care providers or health care 1-3 facilities for certain medical or mental 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. FEES. (a) A health care provider or health 1-9 care facility may not charge a fee for a medical or mental health 1-10 record requested by a patient or former patient, or by an attorney 1-11 or other authorized representative of the patient or former 1-12 patient, for use in supporting a claim or an application for, or an 1-13 appeal relating to denial of: 1-14 (1) financial assistance under Chapter 31, Human 1-15 Resources Code; 1-16 (2) medical assistance under the state Medicaid 1-17 program; 1-18 (3) insurance benefits under Title XVIII, Social 1-19 Security Act (42 U.S.C. Section 1395 et seq.); 1-20 (4) disability insurance benefits, supplemental 1-21 security income, or other benefits under the Social Security Act 1-22 (42 U.S.C. Section 301 et seq.); or 1-23 (5) workers' compensation benefits under Subtitle A, 1-24 Title 5, Labor Code. 2-1 (b) A person who requests a record under this section shall 2-2 include with the request a statement or document from the 2-3 department or agency that administers the issuance of the 2-4 assistance or benefits that confirms the claim, application, or 2-5 appeal. 2-6 Sec. 161.202. DISTRIBUTION OF RECORDS. A health care 2-7 provider or health care facility shall provide to the requestor a 2-8 medical or mental health record requested under Section 161.201 not 2-9 later than the 30th day after the date on which the provider or 2-10 facility receives the request. 2-11 Sec. 161.203. APPLICATION OF OTHER LAW. This subchapter 2-12 controls over Section 611.0045, Section 5.08(k), Medical Practice 2-13 Act (Article 4495b, Vernon's Texas Civil Statutes), and any other 2-14 provision that authorizes the charging of a fee for providing 2-15 medical or mental health records. 2-16 SECTION 2. The importance of this legislation and the 2-17 crowded condition of the calendars in both houses create an 2-18 emergency and an imperative public necessity that the 2-19 constitutional rule requiring bills to be read on three several 2-20 days in each house be suspended, and this rule is hereby suspended, 2-21 and that this Act take effect and be in force from and after its 2-22 passage, and it is so enacted.