By Jones of Dallas                              H.B. No. 3096

      75R7397 JMM-D                           

                                A BILL TO BE ENTITLED

 1-1                                   AN ACT

 1-2     relating to the fees required for copies of certain medical

 1-3     records.

 1-4           BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:

 1-5           SECTION 1.  Section 5.08(p), Medical Practice Act (Article

 1-6     4495b, Vernon's Texas Civil Statutes), is amended to read as

 1-7     follows:

 1-8           (p)  A physician may [not] charge a reduced fee prescribed by

 1-9     the board for copying medical records under [Subsection (o) of this

1-10     section to the extent the fee is prohibited under] Subchapter M,

1-11     Chapter 161, Health and Safety Code. The board shall prescribe fees

1-12     under this subsection in amounts that are less than the fees

1-13     prescribed under Subsection (o) of this section.

1-14           SECTION 2.  Section 161.202(a), Health and Safety Code, is

1-15     amended to read as follows:

1-16           (a)  Except as provided by Section 5.08(p), Medical Practice

1-17     Act (Article 4495b, Vernon's Texas Civil Statutes), a [A] health

1-18     care provider or  health care facility may not charge a fee for a

1-19     medical or mental health record requested by a patient or former

1-20     patient, or by an attorney or other authorized representative of

1-21     the patient or former patient, for use in supporting an application

1-22     for disability benefits or other benefits or assistance the patient

1-23     or former patient may be eligible to receive based on that

1-24     patient's or former patient's disability, or an appeal relating to

 2-1     denial of those benefits or assistance under:

 2-2                 (1)  Chapter 31, Human Resources Code;

 2-3                 (2)  the state Medicaid program;

 2-4                 (3)  Title II, the federal Social Security Act, as

 2-5     amended (42 U.S.C. Section 401 et seq.);

 2-6                 (4)  Title XVI, the federal Social Security Act, as

 2-7     amended (42 U.S.C. Section 1382 et seq.);  or

 2-8                 (5)  Title XVIII, the federal Social Security Act, as

 2-9     amended (42 U.S.C. Section 1395 et seq.).

2-10           SECTION 3.  (a) This Act takes effect September 1, 1997.

2-11           (b)  The Texas State Board of Medical Examiners shall adopt

2-12     rules prescribing fees under Section 5.08(p), Medical Practice Act

2-13     (Article 4495b, Vernon's Texas Civil Statutes), as amended by  this

2-14     Act, not later than December 31, 1997.

2-15           (c)  A physician may not charge a fee under Section 5.08(p),

2-16     Medical Practice Act (Article 4495b, Vernon's Texas Civil

2-17     Statutes), as amended by this Act, for medical records requested

2-18     before January 1, 1998.

2-19           SECTION 4.  The importance of this legislation and the

2-20     crowded condition of the calendars in both houses create an

2-21     emergency and an imperative public necessity that the

2-22     constitutional rule requiring bills to be read on three several

2-23     days in each house be suspended, and this rule is hereby suspended.