By Salinas                                            H.B. No. 2178
         77R4910 SMJ-F                           
                                A BILL TO BE ENTITLED
 1-1                                   AN ACT
 1-2     relating to the inclusion of information about improper chemical
 1-3     dependency diagnoses and services 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.  INCLUSION IN RECORDS OF INFORMATION RELATED TO
 1-8     CERTAIN IMPROPER DIAGNOSES AND TREATMENTS.  (a)  In this section:
 1-9                 (1)  "Chemical dependency" has the meaning assigned by
1-10     Section 461.002, Health and Safety Code.
1-11                 (2)  "Child" means a person 13 years of age or younger.
1-12                 (3)  "Funded treatment facility" means a treatment
1-13     facility, as defined by Section 461.002, Health and Safety Code,
1-14     that provides services as part of the medical assistance program
1-15     under Chapter 32, Human Resources Code.
1-16           (b)  Following a determination by the commission or other
1-17     agency that operates a portion of the state Medicaid program that a
1-18     diagnosis of chemical dependency in a child is incorrect or
1-19     fraudulent, or that a funded treatment facility has provided
1-20     inappropriate, improper, or unauthorized chemical dependency
1-21     treatment services to a child, the commission or agency shall
1-22     ensure that the determination is entered in any:
1-23                 (1)  appropriate official record of the commission or
1-24     agency;
 2-1                 (2)  applicable medical record that is in the
 2-2     commission's or agency's custody; and
 2-3                 (3)  applicable record of a company that the commission
 2-4     contracts with for the processing and payment of claims under the
 2-5     state Medicaid program.
 2-6           (c)  A medical or official record released by the commission,
 2-7     agency, or company that concerns the child must include the
 2-8     determination described by Subsection (b).
 2-9           (d)  The Texas Commission on Alcohol and Drug Abuse shall
2-10     require a funded treatment facility to correct the medical records
2-11     of a child who has been incorrectly or fraudulently diagnosed with
2-12     chemical dependency or received inappropriate, improper, or
2-13     unauthorized chemical dependency treatment services.
2-14           (e)  The Texas Commission on Alcohol and Drug Abuse and the
2-15     commission shall adopt rules to implement this section.
2-16           SECTION 2. This Act takes effect September 1, 2001.