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.