By Salinas                                            H.B. No. 2178
         77R12688 SMJ-D                           
                                A BILL TO BE ENTITLED
 1-1                                   AN ACT
 1-2     relating to the expunction of information about certain chemical
 1-3     dependency diagnoses in certain medical records.
 1-4           BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
 1-5           SECTION 1.  Subchapter C, Chapter 531, Government Code, is
 1-6     amended by adding Section 531.112 to read as follows:
 1-7           Sec. 531.112.  EXPUNCTION OF INFORMATION RELATED TO CERTAIN
 1-8     CHEMICAL DEPENDENCY DIAGNOSES IN CERTAIN RECORDS. (a)  In this
 1-9     section:
1-10                 (1)  "Chemical dependency" has the meaning assigned by
1-11     Section 461.002, Health and Safety Code.
1-12                 (2)  "Child" means a person 13 years of age or younger.
1-13           (b)  Following the final conviction of a chemical dependency
1-14     treatment provider for an offense, an element of which involves
1-15     submitting a fraudulent claim for reimbursement for services under
1-16     the state Medicaid program, the commission or other health and
1-17     human services agency that operates a portion of the state Medicaid
1-18     program shall expunge or provide for the expunction of a diagnosis
1-19     of chemical dependency in a child that has been made by the
1-20     treatment provider and entered in any:
1-21                 (1)  appropriate official record of the commission or
1-22     agency;
1-23                 (2)  applicable medical record that is in the
1-24     commission's or agency's custody; and
 2-1                 (3)  applicable record of a company that the commission
 2-2     contracts with for the processing and payment of claims under the
 2-3     state Medicaid program.
 2-4           SECTION 2. This Act takes effect September 1, 2001.