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.