HBA-MPM C.S.H.B. 398 77(R)    BILL ANALYSIS


Office of House Bill AnalysisC.S.H.B. 398
By: Smith
Public Health
4/30/2001
Committee Report (Substituted)



BACKGROUND 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 them.  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.  C.S.H.B. 398
includes billing records in medical record provisions related to
physician-patient communication.  

RULEMAKING AUTHORITY

It is the opinion of the Office of House Bill Analysis that rulemaking
authority is expressly delegated to the Texas State Board of Medical
Examiners in SECTION 6 (Section 159.0061, Occupations Code) of this bill. 

ANALYSIS

C.S.H.B. 398 amends the Occupations Code to include billing records in
medical record provisions related to physician-patient communication. 

EFFECTIVE DATE

On passage, or if the Act does not receive the necessary vote, the Act
takes effect September 1, 2001. 

COMPARISON OF ORIGINAL TO SUBSTITUTE

C.S.H.B. 398 differs from the original by applying medical record
provisions related to physician-patient communication to billing records,
whereas the original bill  prohibited a physician responding to a written
consent for the release of confidential medical records from treating a
request for billing records differently than a request for any other type
of medical records.