| 1 | 1 | | 84R12010 JSL-D |
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| 2 | 2 | | By: White of Tyler H.B. No. 3551 |
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| 3 | 3 | | |
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| 4 | 4 | | |
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| 5 | 5 | | A BILL TO BE ENTITLED |
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| 6 | 6 | | AN ACT |
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| 7 | 7 | | relating to the authorization of health care providers charging a |
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| 8 | 8 | | fee for the production of records associated with applications for |
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| 9 | 9 | | certain assistance benefits programs. |
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| 10 | 10 | | BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
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| 11 | 11 | | SECTION 1. Subchapter B, Chapter 531, Government Code, is |
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| 12 | 12 | | amended by adding Section 531.0331 to read as follows: |
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| 13 | 13 | | Sec. 531.0331. FEES FOR PRODUCTION OF RECORDS FOR |
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| 14 | 14 | | ASSISTANCE BENEFITS APPLICATIONS. (a) This section applies to the |
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| 15 | 15 | | following assistance programs: |
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| 16 | 16 | | (1) the financial assistance program under Chapter 31, |
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| 17 | 17 | | Human Resources Code; |
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| 18 | 18 | | (2) the medical assistance program under Chapter 32, |
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| 19 | 19 | | Human Resources Code; |
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| 20 | 20 | | (3) the Supplemental Security Income (SSI) program |
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| 21 | 21 | | under 42 U.S.C. Section 1381 et seq.; |
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| 22 | 22 | | (4) the Social Security Disability Insurance (SSDI) |
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| 23 | 23 | | program under 42 U.S.C. Section 401 et seq.; |
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| 24 | 24 | | (5) the federal Medicare program; and |
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| 25 | 25 | | (6) federal benefits or compensation available to |
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| 26 | 26 | | veterans through a program administered by the United States |
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| 27 | 27 | | Department of Veterans Affairs. |
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| 28 | 28 | | (b) The executive commissioner by rule shall allow, to the |
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| 29 | 29 | | extent allowed under federal law and notwithstanding any other law, |
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| 30 | 30 | | a health care provider to impose a reasonable fee for labor and |
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| 31 | 31 | | production costs of producing records required to support a |
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| 32 | 32 | | person's application for benefits under an assistance program to |
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| 33 | 33 | | which this section applies. |
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| 34 | 34 | | (c) Rules adopted under this section may not allow a health |
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| 35 | 35 | | care provider to impose a fee under this section before the |
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| 36 | 36 | | applicant is determined eligible for benefits under an assistance |
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| 37 | 37 | | program to which this section applies and the applicant begins |
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| 38 | 38 | | receiving benefits under that program. If the applicant is not |
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| 39 | 39 | | eligible for the benefits, the health care provider may not impose a |
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| 40 | 40 | | fee. |
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| 41 | 41 | | (d) If the applicant for benefits under an assistance |
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| 42 | 42 | | program to which this section applies has appointed a |
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| 43 | 43 | | representative for the purpose of the application for benefits, the |
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| 44 | 44 | | rules adopted under this section shall allow the health care |
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| 45 | 45 | | provider to impose a fee under this section directly on that |
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| 46 | 46 | | representative. |
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| 47 | 47 | | SECTION 2. If before implementing any provision of this Act |
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| 48 | 48 | | a state agency determines that a waiver or authorization from a |
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| 49 | 49 | | federal agency is necessary for implementation of that provision, |
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| 50 | 50 | | the agency affected by the provision shall request the waiver or |
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| 51 | 51 | | authorization and may delay implementing that provision until the |
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| 52 | 52 | | waiver or authorization is granted. |
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| 53 | 53 | | SECTION 3. This Act takes effect immediately if it receives |
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| 54 | 54 | | a vote of two-thirds of all the members elected to each house, as |
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| 55 | 55 | | provided by Section 39, Article III, Texas Constitution. If this |
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| 56 | 56 | | Act does not receive the vote necessary for immediate effect, this |
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| 57 | 57 | | Act takes effect September 1, 2015. |
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