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A BILL TO BE ENTITLED
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AN ACT
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relating to the authorization of health care providers charging a |
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fee for the production of records associated with applications for |
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certain assistance benefits programs. |
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BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
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SECTION 1. Subchapter B, Chapter 531, Government Code, is |
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amended by adding Section 531.0331 to read as follows: |
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Sec. 531.0331. FEES FOR PRODUCTION OF RECORDS FOR |
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ASSISTANCE BENEFITS APPLICATIONS. (a) This section applies to the |
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following assistance programs: |
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(1) the financial assistance program under Chapter 31, |
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Human Resources Code; |
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(2) the medical assistance program under Chapter 32, |
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Human Resources Code; |
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(3) the Supplemental Security Income (SSI) program |
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under 42 U.S.C. Section 1381 et seq.; |
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(4) the Social Security Disability Insurance (SSDI) |
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program under 42 U.S.C. Section 401 et seq.; |
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(5) the federal Medicare program; and |
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(6) federal benefits or compensation available to |
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veterans through a program administered by the United States |
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Department of Veterans Affairs. |
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(b) The executive commissioner by rule shall allow, to the |
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extent allowed under federal law and notwithstanding any other law, |
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a health care provider to impose a reasonable fee for labor and |
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production costs of producing records required to support a |
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person's application for benefits under an assistance program to |
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which this section applies. |
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(c) Rules adopted under this section may not allow a health |
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care provider to impose a fee under this section before the |
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applicant is determined eligible for benefits under an assistance |
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program to which this section applies and the applicant begins |
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receiving benefits under that program. If the applicant is not |
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eligible for the benefits, the health care provider may not impose a |
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fee. |
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(d) If the applicant for benefits under an assistance |
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program to which this section applies has appointed a |
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representative for the purpose of the application for benefits, the |
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rules adopted under this section shall allow the health care |
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provider to impose a fee under this section directly on that |
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representative. |
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SECTION 2. If before implementing any provision of this Act |
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a state agency determines that a waiver or authorization from a |
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federal agency is necessary for implementation of that provision, |
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the agency affected by the provision shall request the waiver or |
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authorization and may delay implementing that provision until the |
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waiver or authorization is granted. |
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SECTION 3. 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, 2015. |