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.