|
|
A BILL TO BE ENTITLED
|
|
|
AN ACT
|
|
|
relating to the cost of obtaining copies of an injured employee's |
|
|
medical records for use by an ombudsman under the office of injured |
|
|
employee counsel's ombudsman program; providing an administrative |
|
|
violation. |
|
|
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
|
|
SECTION 1. Subchapter D, Chapter 404, Labor Code, is |
|
|
amended by adding Section 404.155 to read as follows: |
|
|
Sec. 404.155. COST FOR CERTAIN COPIES OF MEDICAL RECORDS; |
|
|
ADMINISTRATIVE VIOLATION. (a) At the written request of an |
|
|
ombudsman designated under this subchapter who is assisting a |
|
|
specific injured employee, a health care provider shall provide |
|
|
copies of the injured employee's medical records to the ombudsman |
|
|
at no cost to the ombudsman or the office. |
|
|
(b) The workers' compensation insurance carrier is liable |
|
|
to the health care provider for the cost of providing copies of the |
|
|
employee's medical records under this section. The insurance |
|
|
carrier may not deduct that cost from any benefit to which the |
|
|
employee is entitled. |
|
|
(c) The amount charged for providing copies of an injured |
|
|
employee's medical records under this section is the amount |
|
|
prescribed by rules adopted by the Texas Medical Board under |
|
|
Section 159.008(a)(1), Occupations Code, for copying medical |
|
|
records. |
|
|
(d) Notwithstanding Section 159.008(a)(2), Occupations |
|
|
Code, or any other law, a health care provider may not require |
|
|
payment for the cost of providing copies of an injured employee's |
|
|
medical records under this section before providing the copies to |
|
|
the ombudsman. |
|
|
(e) The public counsel may adopt rules regarding a time |
|
|
frame for the provision of copies of an injured employee's medical |
|
|
records under this section and any other matter relating to |
|
|
provision of those copies. |
|
|
(f) A health care provider or insurance carrier that fails |
|
|
to comply with the requirements of this section or rules adopted |
|
|
under this section commits an administrative violation. The |
|
|
commissioner shall enforce a violation under this subsection in |
|
|
accordance with Chapter 415. |
|
|
SECTION 2. This Act takes effect immediately if it receives |
|
|
a vote of two-thirds of all the members elected to each house, as |
|
|
provided by Section 39, Article III, Texas Constitution. If this |
|
|
Act does not receive the vote necessary for immediate effect, this |
|
|
Act takes effect September 1, 2007. |