Texas 2009 - 81st Regular

Texas House Bill HB4029 Compare Versions

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1	1	H.B. No. 4029
2	2
3	3
4	4	AN ACT
5	5	relating to the release of certain health care information.
6	6	BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
7	7	SECTION 1. Section 241.151(2), Health and Safety Code, is
8	8	amended to read as follows:
9	9	(2) "Health care information" means information,
10	10	including payment information, recorded in any form or medium that
11	11	identifies a patient and relates to the history, diagnosis,
12	12	treatment, or prognosis of a patient.
13	13	SECTION 2. Section 241.154, Health and Safety Code, is
14	14	amended by amending Subsections (a) and (b) and adding Subsection
15	15	(f) to read as follows:
16	16	(a) On receipt of a written authorization from a patient or
17	17	legally authorized representative to examine or copy all or part of
18	18	the patient's recorded health care information, except payment
19	19	information, or for disclosures under Section 241.153 not requiring
20	20	written authorization, a hospital or its agent, as promptly as
21	21	required under the circumstances but not later than the 15th day
22	22	after the date the request and payment authorized under Subsection
23	23	(b) are received, shall:
24	24	(1) make the information available for examination
25	25	during regular business hours and provide a copy to the requestor,
26	26	if requested; or
27	27	(2) inform the authorized requestor if the information
28	28	does not exist or cannot be found.
29	29	(b) Except as provided by Subsection (d), the hospital or
30	30	its agent may charge a reasonable fee for providing the health care
31	31	information except payment information and is not required to
32	32	permit the examination, copying, or release of the information
33	33	requested until the fee is paid unless there is a medical emergency.
34	34	The fee may not exceed the sum of:
35	35	(1) a basic retrieval or processing fee, which must
36	36	include the fee for providing the first 10 pages of the copies and
37	37	which may not exceed $30; and
38	38	(A) a charge for each page of:
39	39	(i) $1 for the 11th through the 60th page of
40	40	the provided copies;
41	41	(ii) 50 cents for the 61st through the 400th
42	42	page of the provided copies; and
43	43	(iii) 25 cents for any remaining pages of
44	44	the provided copies; and
45	45	(B) the actual cost of mailing, shipping, or
46	46	otherwise delivering the provided copies; [or]
47	47	(2) if the requested records are stored on [any]
48	48	microform [or other electronic medium], a retrieval or processing
49	49	fee, which must include the fee for providing the first 10 pages of
50	50	the copies and which may not exceed $45; and
51	51	(A) $1 per page thereafter; and
52	52	(B) the actual cost of mailing, shipping, or
53	53	otherwise delivering the provided copies; or
54	54	(3) if the requested records are provided on a digital
55	55	or other electronic medium and the requesting party requests
56	56	delivery in a digital or electronic medium, including electronic
57	57	mail:
58	58	(A) a retrieval or processing fee, which may not
59	59	exceed $75; and
60	60	(B) the actual cost of mailing, shipping, or
61	61	otherwise delivering the provided copies.
62	62	(f) A request from a patient or legally authorized
63	63	representative for payment information is subject to Section
64	64	311.002.
65	65	SECTION 3. The change in law made by this Act applies only
66	66	to the disclosure or exchange of health care information under
67	67	Subchapter G, Chapter 241, Health and Safety Code, on or after the
68	68	effective date of this Act. The disclosure or exchange of health
69	69	care information before the effective date of this Act is governed
70	70	by the law as it existed immediately before that date, and that law
71	71	is continued in effect for that purpose.
72	72	SECTION 4. This Act takes effect immediately if it receives
73	73	a vote of two-thirds of all the members elected to each house, as
74	74	provided by Section 39, Article III, Texas Constitution. If this
75	75	Act does not receive the vote necessary for immediate effect, this
76	76	Act takes effect September 1, 2009.
77	77	______________________________ ______________________________
78	78	President of the Senate Speaker of the House
79	79	I certify that H.B. No. 4029 was passed by the House on May 5,
80	80	2009, by the following vote: Yeas 144, Nays 0, 1 present, not
81	81	voting; and that the House concurred in Senate amendments to H.B.
82	82	No. 4029 on May 21, 2009, by the following vote: Yeas 91, Nays 44,
83	83	2 present, not voting.
84	84	______________________________
85	85	Chief Clerk of the House
86	86	I certify that H.B. No. 4029 was passed by the Senate, with
87	87	amendments, on May 18, 2009, by the following vote: Yeas 31, Nays
88	88	0.
89	89	______________________________
90	90	Secretary of the Senate
91	91	APPROVED: __________________
92	92	Date
93	93	__________________
94	94	Governor