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.
1-60 * * * * *