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A BILL TO BE ENTITLED
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AN ACT
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relating to the filing of certain medical and health care |
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information as evidence in a civil action. |
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BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
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SECTION 1. Subchapter A, Chapter 18, Civil Practice and |
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Remedies Code, is amended by adding Sections 18.003 and 18.004 to |
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read as follows: |
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Sec. 18.003. ADMISSIBILITY OF MEDICAL AND HEALTH CARE |
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RECORDS. (a) In this section, "medical or health care record" |
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includes a medical or health care billing record. |
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(b) Notwithstanding any provision of the Texas Rules of |
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Evidence, a medical or health care record may not be required to be |
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filed with a court before a trial commences in order to exempt the |
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record from a requirement to provide extrinsic evidence of |
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authenticity as a condition precedent to admissibility of the |
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record if: |
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(1) an affidavit of the custodian of the record or |
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other qualified witness is filed in accordance with the Texas Rules |
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of Evidence to authenticate the record as a record of a regularly |
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conducted activity; and |
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(2) the affidavit and the record that is the subject of |
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the affidavit are served on the other parties to the action in the |
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manner contemplated by Rule 21a, Texas Rules of Civil Procedure, on |
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or before the date on which the affidavit is filed with the court. |
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(c) If an objection to the admissibility of the record is |
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not made before the trial commences, objections to the record's |
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admissibility are considered waived and the record shall be filed |
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with the court when the trial commences. |
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(d) Notwithstanding Section 22.004, Government Code, the |
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supreme court may not amend or adopt rules in conflict with this |
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section. |
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Sec. 18.004. RELEASE OF MEDICAL AND HEALTH CARE RECORDS. |
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After the final disposition of an action in which a medical or |
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health care record, including a medical or health care billing |
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record, is filed as evidence with a court, whether filed for the |
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purposes of Section 18.004 or otherwise, the court shall release |
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the record to the party that submitted the record on that party's |
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request. |
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SECTION 2. Sections 18.003 and 18.004, Civil Practice and |
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Remedies Code, as added by this Act, apply only to the admissibility |
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and release of evidence in an action that commences on or after the |
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effective date of this Act. |
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SECTION 3. This Act takes effect September 1, 2013. |