77R12688 SMJ-D By Salinas H.B. No. 2178 Substitute the following for H.B. No. 2178: By Uresti C.S.H.B. No. 2178 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.