Bill not drafted by TLC or Senate E&E.
Line and page numbers may not match official copy.
By Holzheauser H.B. No. 3487
A BILL TO BE ENTITLED
1-1 AN ACT
1-2 relating to the distribution of and fees charged by health care
1-3 providers or health facilities for certain medical or mental health
1-4 records.
1-5 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
1-6 SECTION 1., CHAPTER 161, HEALTH & SAFETY CODE, Subchapter M,
1-7 Section 161.201 is amended to read as follows:
1-8 Sec. 161.201. DEFINITIONS. In this subchapter[,]:
1-9 "[health] Health care provider" means a person who is
1-10 licensed, certified, or otherwise authorized by the laws of this
1-11 state to provide or render health care in the ordinary course of
1-12 business or practice of a profession.
1-13 "Legal service corporation" means a corporation organized
1-14 under the Texas Non-Profit Corporation Act, (Tex. Rev. Civ. Stat.
1-15 Ann., Art. 1396-1.01, et seq,) which qualifies for an exemption
1-16 from federal income taxes under 26 USCA, Sect. 501(c)(3), and which
1-17 provides pro bono legal services to the indigent.
1-18 "Pro bono legal services" means civil legal services rendered
1-19 without expectation of compensation.
1-20 SECTION 2., CHAPTER 161, Health & Safety Code, Subchapter M,
1-21 Section 161.202 is amended by amending subsection (c) and by adding
1-22 a new subsection (d) to read as follows:
1-23 Sec. 161.202. Fees. (a) A health care provider or health
1-24 care facility may not charge a fee for a medical or mental health
2-1 record requested by a patient or former patient, or by an attorney
2-2 or other authorized representative of the patient or former
2-3 patient, for use in supporting an application for disability
2-4 benefits or other benefits or assistance the patient or former
2-5 patient may be eligible to receive based on that patient's or
2-6 former patient's disability, or an appeal relating to denial of
2-7 those benefits or assistance under:
2-8 (1) Chapter 31, Human Resources Code;
2-9 (2) the state Medicaid program;
2-10 (3) Title II, the federal Social Security Act, as
2-11 amended (42 U.S.C. Section 401 et seq.);
2-12 (4) Title XVI, the federal Social Security Act, as
2-13 amended (42 U.S.C. Section 1395, et seq.); or
2-14 (5) Title XVIII, the federal Social Security Act, as
2-15 amended (42 U.S.C. Section 1395 et seq.).
2-16 (b) A health care provider or health care facility may
2-17 charge a fee for the medical or mental health record of a patient
2-18 or former patient requested by a state or federal agency in
2-19 relation to the patient or former patient's application for
2-20 benefits or assistance under Subsection (a)(1), (2), (3), or (4) or
2-21 an appeal relating to denial of those benefits or assistance.
2-22 (c) A person, including a state or federal agency, that
2-23 requests a record under this section shall include with the
2-24 request:
2-25 (1) a statement or document from the department or
2-26 agency that administers the issuance of the assistance or benefits
2-27 that confirms the application or appeal[.]; and
2-28 (2) a statement or document that confirms that the
2-29 request is in compliance with subsection (d) of this section; and
2-30 (3) a written consent for release of the medical or
3-1 mental health records that is in compliance with section 5.08(j),
3-2 Medical Practice Act, (Art. 4495b, Vernon's Texas Civil Statutes).
3-3 (d) This section only applies to a request for medical or
3-4 mental health records made by a patient or former patient who is
3-5 indigent and representing himself or herself or who is indigent and
3-6 receiving pro bono legal services provided by an attorney or a
3-7 legal services corporation.
3-8 SECTION 3. The importance of this legislation and the
3-9 crowded condition of the calendars in both houses create an
3-10 emergency and an imperative public necessity that the
3-11 constitutional rule requiring bills to be read on three several
3-12 days in each house be suspended, and this rule is hereby suspended,
3-13 and that this Act take effect and be in force from and after its
3-14 passage, and it is so enacted.