1-1     By:  Salinas (Senate Sponsor - Moncrief)              H.B. No. 2178
 1-2           (In the Senate - Received from the House May 7, 2001;
 1-3     May 7, 2001, read first time and referred to Committee on Health
 1-4     and Human Services; May 11, 2001, reported favorably by the
 1-5     following vote:  Yeas 7, Nays 0; May 11, 2001, sent to printer.)
 1-6                            A BILL TO BE ENTITLED
 1-7                                   AN ACT
 1-8     relating to the expunction of information about certain chemical
 1-9     dependency diagnoses in certain medical records.
1-10           BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
1-11           SECTION 1.  Subchapter C, Chapter 531, Government Code, is
1-12     amended by adding Section 531.112 to read as follows:
1-13           Sec. 531.112.  EXPUNCTION OF INFORMATION RELATED TO CERTAIN
1-14     CHEMICAL DEPENDENCY DIAGNOSES IN CERTAIN RECORDS. (a)  In this
1-15     section:
1-16                 (1)  "Chemical dependency" has the meaning assigned by
1-17     Section 461.002, Health and Safety Code.
1-18                 (2)  "Child" means a person 13 years of age or younger.
1-19           (b)  Following the final conviction of a chemical dependency
1-20     treatment provider for an offense, an element of which involves
1-21     submitting a fraudulent claim for reimbursement for services under
1-22     the state Medicaid program, the commission or other health and
1-23     human services agency that operates a portion of the state Medicaid
1-24     program shall expunge or provide for the expunction of a diagnosis
1-25     of chemical dependency in a child that has been made by the
1-26     treatment provider and entered in any:
1-27                 (1)  appropriate official record of the commission or
1-28     agency;
1-29                 (2)  applicable medical record that is in the
1-30     commission's or agency's custody; and
1-31                 (3)  applicable record of a company that the commission
1-32     contracts with for the processing and payment of claims under the
1-33     state Medicaid program.
1-34           SECTION 2. This Act takes effect September 1, 2001.
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