By Smith H.B. No. 398
77R19 MXM-D
A BILL TO BE ENTITLED
1-1 AN ACT
1-2 relating to disclosure of medical billing records regarding a
1-3 patient.
1-4 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
1-5 SECTION 1. Section 159.001, Occupations Code, is amended to
1-6 read as follows:
1-7 Sec. 159.001. DEFINITIONS [DEFINITION]. In this chapter:
1-8 (1) "Billing record" means the part of a medical
1-9 record that describes charges and specific services provided to a
1-10 patient by a physician.
1-11 (2) "Patient" [, "patient"] means a person who, to
1-12 receive medical care, consults with or is seen by a physician.
1-13 SECTION 2. Section 159.004, Occupations Code, is amended to
1-14 read as follows:
1-15 Sec. 159.004. EXCEPTIONS TO CONFIDENTIALITY IN OTHER
1-16 SITUATIONS. An exception to the privilege of confidentiality in a
1-17 situation other than a court or administrative proceeding, allowing
1-18 disclosure of confidential information by a physician, exists only
1-19 with respect to the following:
1-20 (1) a governmental agency, if the disclosure is
1-21 required or authorized by law;
1-22 (2) medical or law enforcement personnel, if the
1-23 physician determines that there is a probability of:
1-24 (A) imminent physical injury to the patient, the
2-1 physician, or another person; or
2-2 (B) immediate mental or emotional injury to the
2-3 patient;
2-4 (3) qualified personnel for research or for a
2-5 management audit, financial audit, or program evaluation, but the
2-6 personnel may not directly or indirectly identify a patient in any
2-7 report of the research, audit, or evaluation or otherwise disclose
2-8 identity in any manner;
2-9 (4) billing records, [those parts of the medical
2-10 records reflecting charges and specific services provided] if
2-11 necessary in the collection of fees for medical services provided
2-12 by a physician, professional association, or other entity qualified
2-13 to provide or arrange for medical services;
2-14 (5) a person who has the written consent of the
2-15 patient or other person authorized to act on the patient's behalf
2-16 for the release of confidential information, as provided by Section
2-17 159.005;
2-18 (6) a person, corporation, or governmental agency
2-19 involved in the payment or collection of fees for medical services
2-20 provided by a physician;
2-21 (7) another physician or other personnel acting under
2-22 the direction of the physician who participate in the diagnosis,
2-23 evaluation, or treatment of the patient;
2-24 (8) an official legislative inquiry regarding state
2-25 hospitals or state schools, if:
2-26 (A) information or a record that identifies a
2-27 patient or client is not released for any purpose unless proper
3-1 consent to the release is given by the patient; and
3-2 (B) only records created by the state hospital
3-3 or school or its employees are included; or
3-4 (9) health care personnel of a penal or other
3-5 custodial institution in which the patient is detained if the
3-6 disclosure is for the sole purpose of providing health care to the
3-7 patient.
3-8 SECTION 3. Section 159.006, Occupations Code, is amended to
3-9 read as follows:
3-10 Sec. 159.006. INFORMATION FURNISHED BY PHYSICIAN; BILLING
3-11 RECORDS. (a) Unless the physician determines that access to the
3-12 information would be harmful to the physical, mental, or emotional
3-13 health of the patient, a physician who receives a written consent
3-14 for release of information as provided by Section 159.005 shall
3-15 furnish copies of the requested medical records, or a summary or
3-16 narrative of the records, including records received from a
3-17 physician or other health care provider involved in the care or
3-18 treatment of the patient. The physician shall furnish the
3-19 information, accompanied by any affidavits required by law or rule,
3-20 not later than the 30th day after the date of receipt of the
3-21 request.
3-22 (b) In responding to a request for medical records under
3-23 Subsection (a), a physician may not treat a request for billing
3-24 records differently than a request for any other type of medical
3-25 records.
3-26 (c) The physician may delete confidential information about
3-27 another patient or a family member of the patient who has not
4-1 consented to the release.
4-2 (d) [(c)] If the physician denies the request, in whole or
4-3 in part, the physician shall:
4-4 (1) furnish the patient with a written statement,
4-5 signed and dated, providing the reason for the denial; and
4-6 (2) place a copy of the statement denying the request
4-7 in the patient's medical records.
4-8 SECTION 4. The importance of this legislation and the
4-9 crowded condition of the calendars in both houses create an
4-10 emergency and an imperative public necessity that the
4-11 constitutional rule requiring bills to be read on three several
4-12 days in each house be suspended, and this rule is hereby suspended,
4-13 and that this Act take effect and be in force from and after its
4-14 passage, and it is so enacted.