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A BILL TO BE ENTITLED
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AN ACT
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relating to the fee for providing copies of health care |
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information. |
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BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
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SECTION 1. Section 241.154(b), Health and Safety Code, is |
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amended to read as follows: |
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(b) Except as provided by Subsection (d), the hospital or |
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its agent may charge a reasonable fee for providing the health care |
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information and is not required to permit the examination, copying, |
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or release of the information requested until the fee is paid unless |
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there is a medical emergency. The fee may not exceed the sum of: |
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(1) a basic retrieval or processing fee, which must |
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include the fee for providing the first 10 pages of the copies and |
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which may not exceed $30; and |
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(A) a charge for each page of: |
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(i) $1 for the 11th through the 60th page of |
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the provided copies; |
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(ii) 50 cents for the 61st through the 400th |
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page of the provided copies; and |
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(iii) 25 cents for any remaining pages of |
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the provided copies; and |
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(B) the actual cost of mailing, shipping, or |
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otherwise delivering the provided copies; [or] |
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(2) if the requested records are stored on [any] |
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microform [or other electronic medium], a retrieval or processing |
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fee, which must include the fee for providing the first 10 pages of |
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the copies and which may not exceed $45; and |
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(A) $1 per page thereafter; and |
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(B) the actual cost of mailing, shipping, or |
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otherwise delivering the provided copies; or |
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(3) if the requested records are stored on digital or |
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other electronic medium and the requesting party requests delivery |
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in digital or electronic medium, including electronic mail: |
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(A) a retrieval or processing fee, which may not |
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exceed $50; and |
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(B) the actual cost of mailing, shipping, or |
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otherwise delivering the provided copies. |
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SECTION 2. This Act applies only to a request for |
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information received on or after the effective date of this Act. A |
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request received before the effective date of this Act is governed |
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by the law in effect on the date the request is received, and that |
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law is continued in effect for that purpose. |
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SECTION 3. This Act takes effect September 1, 2009. |