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.