81R26623 ALB-D

By: Coleman H.B. No. 2965

Substitute the following for H.B. No. 2965:

By: Kolkhorst C.S.H.B. No. 2965

A BILL TO BE ENTITLED

AN ACT

relating to the fee for providing copies of health care information.

BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:

SECTION 1. Section 241.154(b), Health and Safety Code, is amended to read as follows:

(b) Except as provided by Subsection (d), the hospital or its agent may charge a reasonable fee for providing the health care information and is not required to permit the examination, copying, or release of the information requested until the fee is paid unless there is a medical emergency. The fee may not exceed the sum of:

(1) a basic retrieval or processing fee, which must include the fee for providing the first 10 pages of the copies and which may not exceed $30; and

(A) a charge for each page of:

(i) $1 for the 11th through the 60th page of the provided copies;

(ii) 50 cents for the 61st through the 400th page of the provided copies; and

(iii) 25 cents for any remaining pages of the provided copies; and

(B) the actual cost of mailing, shipping, or otherwise delivering the provided copies; [or]

(2) if the requested records are stored on [any] microform [or other electronic medium], a retrieval or processing fee, which must include the fee for providing the first 10 pages of the copies and which may not exceed $45; and

(A) $1 per page thereafter; and

(B) the actual cost of mailing, shipping, or otherwise delivering the provided copies; or

(3) if the requested records are stored on a digital or other electronic medium and the requesting party requests delivery in a digital or electronic medium, including electronic mail:

(A) a retrieval or processing fee, which may not exceed $75; and

(B) the actual cost of mailing, shipping, or otherwise delivering the provided copies.

SECTION 2. This Act applies only to a request for information received on or after the effective date of this Act. A request received before the effective date of this Act is governed by the law in effect on the date the request is received, and that law is continued in effect for that purpose.

SECTION 3. This Act takes effect September 1, 2009.