HBA-MPM, AMW H.B. 398 77(R) BILL ANALYSIS Office of House Bill AnalysisH.B. 398 By: Smith Public Health 4/3/2001 Introduced 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 30 days of 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. House Bill 398 provides that physicians must treat a request for a billing record in the same manner as that for a medical record. RULEMAKING AUTHORITY It is the opinion of the Office of House Bill Analysis that this bill does not expressly delegate any additional rulemaking authority to a state officer, department, agency, or institution. ANALYSIS House Bill 398 amends the Occupations Code to prohibit 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. The bill adds affidavits required by law or rule to the information that physicians are required to furnish not later than 30 days after receiving a request. EFFECTIVE DATE On passage, or if the Act does not receive the necessary vote, the Act takes effect on the 91st day after adjournment.