1-1     By:  Wise, et al. (Senate Sponsor - Truan)             H.B. No. 670
 1-2           (In the Senate - Received from the House March 29, 1999;
 1-3     March 30, 1999, read first time and referred to Committee on
 1-4     Veteran Affairs and Military Installations; May 5, 1999, reported
 1-5     adversely, with favorable Committee Substitute by the following
 1-6     vote:  Yeas 4, Nays 0; May 5, 1999, sent to printer.)
 1-7     COMMITTEE SUBSTITUTE FOR H.B. No. 670                    By:  Truan
 1-8                            A BILL TO BE ENTITLED
 1-9                                   AN ACT
1-10     relating to providing, at no cost, medical records to Texas
1-11     veterans for certain purposes.
1-12           BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
1-13           SECTION 1.  Section 161.202, Health and Safety Code, is
1-14     amended to read as follows:
1-15           Sec. 161.202.  FEES.  (a)  A health care provider or health
1-16     care facility may not charge a fee for a medical or mental health
1-17     record requested by a patient or former patient, or by an attorney
1-18     or other authorized representative of the patient or former
1-19     patient, for use in supporting an application for disability
1-20     benefits or other benefits or assistance the patient or former
1-21     patient may be eligible to receive based on that patient's or
1-22     former patient's disability, or an appeal relating to denial of
1-23     those benefits or assistance under:
1-24                 (1)  Chapter 31, Human Resources Code;
1-25                 (2)  the state Medicaid program;
1-26                 (3)  Title II, the federal Social Security Act, as
1-27     amended (42 U.S.C.  Section 401 et seq.);
1-28                 (4)  Title XVI, the federal Social Security Act, as
1-29     amended  (42 U.S.C.  Section 1382 et seq.); [or]
1-30                 (5)  Title XVIII, the federal Social Security Act, as
1-31     amended (42 U.S.C.  Section 1395 et seq.);
1-32                 (6)  38 U.S.C. Section 1101 et seq., as amended; or
1-33                 (7)  38 U.S.C. Section 1501 et seq., as amended.
1-34           (b)  A health care provider or health care facility may
1-35     charge a fee for the medical or mental health record of a patient
1-36     or former patient requested by a state or federal agency in
1-37     relation to the patient or former patient's application for
1-38     benefits or assistance under Subsection (a)[(1), (2), (3), or (4)]
1-39     or an appeal relating to denial of those benefits or assistance.
1-40           (c)  A person, including a state or federal agency, that
1-41     requests a record under this section shall include with the request
1-42     a statement or document from the department or agency that
1-43     administers the issuance of the assistance or benefits that
1-44     confirms the application or appeal.
1-45           (d)  A health care provider or health facility is not
1-46     required to provide more than one complete record for a patient or
1-47     former patient requested under Subsection (a)(6) or (7) without
1-48     charge.  If additional material is added to the patient or former
1-49     patient's record, on request the health care provider or health
1-50     facility shall supplement the record provided under Subsection
1-51     (a)(6) or (7) without charge.  This subsection does not affect the
1-52     ability of a person to receive a medical or mental health record
1-53     under Subsections (a)(1)-(5).
1-54           SECTION 2.  This Act takes effect September 1, 1999.
1-55           SECTION 3.  The importance of this legislation and the
1-56     crowded condition of the calendars in both houses create an
1-57     emergency and an imperative public necessity that the
1-58     constitutional rule requiring bills to be read on three several
1-59     days in each house be suspended, and this rule is hereby suspended.
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