1-1        By:  Luna                                        S.B. No. 133
    1-2        (In the Senate - Filed December 8, 1994; January 16, 1995,
    1-3  read first time and referred to Committee on Health and Human
    1-4  Services; February 22, 1995, reported adversely, with favorable
    1-5  Committee Substitute by the following vote:  Yeas 7, Nays 0;
    1-6  February 22, 1995, sent to printer.)
    1-7  COMMITTEE SUBSTITUTE FOR S.B. No. 133                 By:  Gallegos
    1-8                         A BILL TO BE ENTITLED
    1-9                                AN ACT
   1-10  relating to distribution of and fees charged by health care
   1-11  providers or health care facilities for certain medical or mental
   1-12  health records.
   1-13        BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
   1-14        SECTION 1.  Chapter 161, Health and Safety Code, is amended
   1-15  by adding Subchapter M to read as follows:
   1-16            SUBCHAPTER M.  MEDICAL OR MENTAL HEALTH RECORDS
   1-17        Sec. 161.201.  DEFINITION. In this subchapter, "health care
   1-18  provider" means a person who is licensed, certified, or otherwise
   1-19  authorized by the laws of this state to provide or render health
   1-20  care in the ordinary course of business or practice of a
   1-21  profession.
   1-22        Sec. 161.202.  FEES.  (a)  A health care provider or health
   1-23  care facility may not charge a fee for a medical or mental health
   1-24  record requested by a patient or former patient, or by an attorney
   1-25  or other authorized representative of the patient or former
   1-26  patient, for use in supporting an application for disability
   1-27  benefits or other benefits or assistance the patient or former
   1-28  patient may be eligible to receive based on that patient's or
   1-29  former patient's disability, or an appeal relating to denial of
   1-30  those benefits or assistance under:
   1-31              (1)  Chapter 31, Human Resources Code;
   1-32              (2)  the state Medicaid program;
   1-33              (3)  Title II, the federal Social Security Act, as
   1-34  amended (42 U.S.C. Section 401 et seq.);
   1-35              (4)  Title XVI, the federal Social Security Act, as
   1-36  amended (42 U.S.C. Section 1382 et seq.); or
   1-37              (5)  Title XVIII, the federal Social Security Act, as
   1-38  amended (42 U.S.C. Section 1395 et seq.).
   1-39        (b)  A person who requests a record under this section shall
   1-40  include with the request a statement or document from the
   1-41  department or agency that administers the issuance of the
   1-42  assistance or benefits that confirms the application or appeal.
   1-43        Sec. 161.203.  DISTRIBUTION OF RECORDS.  A health care
   1-44  provider or health care facility shall provide to the requestor a
   1-45  medical or mental health record requested under Section 161.202 not
   1-46  later than the 30th day after the date on which the provider or
   1-47  facility receives the request.
   1-48        Sec. 161.204.  APPLICATION OF OTHER LAW.  This subchapter
   1-49  controls over Section 611.0045 and Section 5.08(k), Medical
   1-50  Practice Act (Article 4495b, Vernon's Texas Civil Statutes), and
   1-51  any other provision that authorizes the charging of a fee for
   1-52  providing medical or mental health records.
   1-53        SECTION 2.  The importance of this legislation and the
   1-54  crowded condition of the calendars in both houses create an
   1-55  emergency and an imperative public necessity that the
   1-56  constitutional rule requiring bills to be read on three several
   1-57  days in each house be suspended, and this rule is hereby suspended,
   1-58  and that this Act take effect and be in force from and after its
   1-59  passage, and it is so enacted.
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