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By: Giddings, Solomons, Leibowitz |
H.B. No. 888 (Senate Sponsor - Watson) (Senate Sponsor - Watson) |
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COMMITTEE SUBSTITUTE FOR H.B. No. 888By: Van de Putte |
By: Van de Putte |
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(In the Senate - Received from the House May 10, 2007; |
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May 14, 2007, read first time and referred to Committee on State |
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Affairs; May 18, 2007, reported adversely, with favorable |
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Committee Substitute by the following vote: Yeas 8, Nays 0; |
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May 18, 2007, sent to printer.) |
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A BILL TO BE ENTITLED
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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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