1-1 AN ACT
1-2 relating to providing, at no cost, medical records to Texas
1-3 veterans for certain purposes.
1-4 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
1-5 SECTION 1. Section 161.202, Health and Safety Code, is
1-6 amended to read as follows:
1-7 Sec. 161.202. FEES. (a) A health care provider or health
1-8 care facility may not charge a fee for a medical or mental health
1-9 record requested by a patient or former patient, or by an attorney
1-10 or other authorized representative of the patient or former
1-11 patient, for use in supporting an application for disability
1-12 benefits or other benefits or assistance the patient or former
1-13 patient may be eligible to receive based on that patient's or
1-14 former patient's disability, or an appeal relating to denial of
1-15 those benefits or assistance under:
1-16 (1) Chapter 31, Human Resources Code;
1-17 (2) the state Medicaid program;
1-18 (3) Title II, the federal Social Security Act, as
1-19 amended (42 U.S.C. Section 401 et seq.);
1-20 (4) Title XVI, the federal Social Security Act, as
1-21 amended (42 U.S.C. Section 1382 et seq.); [or]
1-22 (5) Title XVIII, the federal Social Security Act, as
1-23 amended (42 U.S.C. Section 1395 et seq.);
1-24 (6) 38 U.S.C. Section 1101 et seq., as amended; or
2-1 (7) 38 U.S.C. Section 1501 et seq., as amended.
2-2 (b) A health care provider or health care facility may
2-3 charge a fee for the medical or mental health record of a patient
2-4 or former patient requested by a state or federal agency in
2-5 relation to the patient or former patient's application for
2-6 benefits or assistance under Subsection (a)[(1), (2), (3), or (4)]
2-7 or an appeal relating to denial of those benefits or assistance.
2-8 (c) A person, including a state or federal agency, that
2-9 requests a record under this section shall include with the request
2-10 a statement or document from the department or agency that
2-11 administers the issuance of the assistance or benefits that
2-12 confirms the application or appeal.
2-13 (d) A health care provider or health facility is not
2-14 required to provide more than one complete record for a patient or
2-15 former patient requested under Subsection (a)(6) or (7) without
2-16 charge. If additional material is added to the patient or former
2-17 patient's record, on request the health care provider or health
2-18 facility shall supplement the record provided under Subsection
2-19 (a)(6) or (7) without charge. This subsection does not affect the
2-20 ability of a person to receive a medical or mental health record
2-21 under Subsections (a)(1)-(5).
2-22 SECTION 2. This Act takes effect September 1, 1999.
2-23 SECTION 3. The importance of this legislation and the
2-24 crowded condition of the calendars in both houses create an
2-25 emergency and an imperative public necessity that the
2-26 constitutional rule requiring bills to be read on three several
2-27 days in each house be suspended, and this rule is hereby suspended.
_______________________________ _______________________________
President of the Senate Speaker of the House
I certify that H.B. No. 670 was passed by the House on March
25, 1999, by a non-record vote; and that the House concurred in
Senate amendments to H.B. No. 670 on May 10, 1999, by a non-record
vote.
_______________________________
Chief Clerk of the House
I certify that H.B. No. 670 was passed by the Senate, with
amendments, on May 7, 1999, by a viva-voce vote.
_______________________________
Secretary of the Senate
APPROVED: _____________________
Date
_____________________
Governor