SRC-CTC H.B. 398 77(R)   BILL ANALYSIS


Senate Research Center   H.B. 398
77R7996 MXM-DBy: Smith (Nelson)
Health & Human Services
5/9/2001
Engrossed


DIGEST AND PURPOSE 

In some instances, there has been confusion over the ability or right of an
individual to procure personal billing records regarding medical services
provided to the individual.  While physicians are required to provide
medical records within a set time period after receiving a written request,
current law does not specify a time limit for billing records, and
individuals may have to wait a lengthy period of time to receive their
records.  H.B. 398 includes billing records in medical record provisions
related to physician-patient communication.   

RULEMAKING AUTHORITY

Rulemaking authority is expressly granted to the Texas State Board of
Medical Examiners in SECTION 6 (Section 159.0061, Occupations Code) of this
bill. 

SECTION BY SECTION ANALYSIS

SECTION 1.  Amends Section 159.001, Occupations Code, as follows:

Sec. 159.001.  New heading: DEFINITIONS.  Defines "billing record" and
"medical record." Makes a conforming change. 

SECTION 2.  Amends Section 159.003(a), Occupations Code, to provide that an
exception to the privilege of confidentiality in a court or administrative
proceeding exists in a disciplinary investigation or proceeding conducted
under this subtitle, if the board protects the identity of any patient
whose billing records are examined other than certain patients.  Makes
conforming changes. 

SECTION 3.  Amends Section 159.004, Occupations Code, to delete existing
text relating to charges on medical records and the written consent of the
patient. 

SECTION 4.  Amends Section 159.005(b), Occupations Code, to require the
written consent to specify the billing records, medical records, or other
information to be covered by the release. 

SECTION 5.  Amends Section 159.006, Occupations Code, to require the
physician, if the physician denies the request, in whole or in part, to
place a copy of the statement denying the request in the patient's billing
records, if the request was for billing records, or in the medical records,
of the request was for medical records.  Makes conforming changes. 

SECTION 6.  Amends Chapter 159, Occupations Code, by adding Section
159.0061, to conform to Section 1, Chapter 636, Acts of the 76th
Legislature, Regular Session, 1999, as follows: 

Sec. 159.0061.  APPOINTMENT OF CUSTODIAN OF PHYSICIAN'S RECORDS. Requires
the Texas State Board of Medical Examiners (board) by rule to establish
conditions under which the board may temporarily or permanently appoint a
person as a custodian of a physician's billing or medical records.
Requires the board, in adopting rules under this section, to consider the
death of a physician, the mental or physical incapacitation of a physician,
and  the abandonment of billing or medical records by a physician.  Sets
forth certain requirements for the rules adopted under this section. 

SECTION 7.  Amends Section 159.008, Occupations Code, to make conforming
changes. 

SECTION 8.  (a) Provides that the text of Section 159.006, Occupations
Code, as set out in Section 5 of this Act, in accordance with Section
311.031(c), Government Code, which gives effect to a substantive amendment
enacted by the same legislature that codifies the amended statute, gives
effect to changes made by Chapter 636, Acts of the 76th Legislature,
Regular Session, 1999. 

(b) Provides that, to the extent of any conflict, this Act prevails over
another Act of the 77th Legislature, Regular Session, 2001, relating to
nonsubstantive additions and corrections in enacted codes. 

SECTION 9.  Effective date: upon passage or September 1, 2001.