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AN ACT
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relating to the cost of obtaining copies of an injured employee's |
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medical records for use by an ombudsman under the office of injured |
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employee counsel's ombudsman program; providing an administrative |
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violation. |
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BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
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SECTION 1. Subchapter D, Chapter 404, Labor Code, is |
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amended by adding Section 404.155 to read as follows: |
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Sec. 404.155. COST FOR CERTAIN COPIES OF MEDICAL RECORDS; |
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ADMINISTRATIVE VIOLATION. (a) At the written request of an |
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ombudsman designated under this subchapter who is assisting a |
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specific injured employee, a health care provider shall provide |
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copies of the injured employee's medical records to the ombudsman |
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at no cost to the ombudsman or the office. |
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(b) The workers' compensation insurance carrier is liable |
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to the health care provider for the cost of providing copies of the |
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employee's medical records under this section. The insurance |
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carrier may not deduct that cost from any benefit to which the |
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employee is entitled. |
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(c) The amount charged for providing copies of an injured |
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employee's medical records under this section is the amount |
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prescribed by rules adopted by the commissioner for copying medical |
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records. |
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(d) A health care provider may not require payment for the |
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cost of providing copies of an injured employee's medical records |
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under this section before providing the copies to the ombudsman. |
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(e) The public counsel may adopt rules regarding a time |
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frame for the provision of copies of an injured employee's medical |
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records under this section and any other matter relating to |
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provision of those copies. |
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(f) A health care provider or insurance carrier that fails |
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to comply with the requirements of this section or rules adopted |
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under this section commits an administrative violation. The |
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commissioner shall enforce a violation under this subsection in |
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accordance with Chapter 415. |
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SECTION 2. This Act takes effect immediately if it receives |
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a vote of two-thirds of all the members elected to each house, as |
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provided by Section 39, Article III, Texas Constitution. If this |
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Act does not receive the vote necessary for immediate effect, this |
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Act takes effect September 1, 2007. |
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______________________________ |
______________________________ |
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President of the Senate |
Speaker of the House |
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I certify that H.B. No. 888 was passed by the House on May 9, |
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2007, by the following vote: Yeas 141, Nays 0, 1 present, not |
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voting; and that the House concurred in Senate amendments to H.B. |
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No. 888 on May 23, 2007, by the following vote: Yeas 144, Nays 0, 1 |
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present, not voting. |
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______________________________ |
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Chief Clerk of the House |
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I certify that H.B. No. 888 was passed by the Senate, with |
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amendments, on May 21, 2007, by the following vote: Yeas 31, Nays |
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0. |
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______________________________ |
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Secretary of the Senate |
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APPROVED: __________________ |
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Date |
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__________________ |
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Governor |