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.