| 1 | 1 | | By: Burkett H.B. No. 3129 |
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| 2 | 2 | | |
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| 3 | 3 | | |
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| 4 | 4 | | A BILL TO BE ENTITLED |
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| 5 | 5 | | AN ACT |
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| 6 | 6 | | relating to certain duties of physicians regarding patient records. |
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| 7 | 7 | | BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
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| 8 | 8 | | SECTION 1. Section 159.008, Occupations Code, is amended by |
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| 9 | 9 | | amending Subsection (a) and adding Subsection (c) to read as |
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| 10 | 10 | | follows: |
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| 11 | 11 | | (a) Except as provided by Subsections [Subsection] (b) and |
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| 12 | 12 | | (c), a physician: |
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| 13 | 13 | | (1) may charge a reasonable fee, as prescribed by |
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| 14 | 14 | | board rule, for copying billing or medical records; and |
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| 15 | 15 | | (2) is not required to permit examination or copying |
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| 16 | 16 | | of the records until the fee is paid unless there is a medical |
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| 17 | 17 | | emergency. |
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| 18 | 18 | | (c) A physician may not charge a fee for copying or |
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| 19 | 19 | | furnishing a copy of patient's billing or medical records to a |
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| 20 | 20 | | subsequent or consulting physician of the patient under Section |
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| 21 | 21 | | 159.006(c) or to the patient in excess of: |
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| 22 | 22 | | (1) for providing the requested records in paper |
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| 23 | 23 | | format, no charge for the first 50 pages and $0.10 per page |
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| 24 | 24 | | thereafter; or |
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| 25 | 25 | | (2) for providing the requested records in electronic |
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| 26 | 26 | | format, no charge. |
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| 27 | 27 | | SECTION 2. Chapter 159, Occupations Code, is amended by |
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| 28 | 28 | | adding Section 159.011 to read as follows: |
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| 29 | 29 | | Sec. 159.011. NOTICE TO PATIENT OF PHYSICIAN RETIREMENT, |
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| 30 | 30 | | RELOCATION, OR TERMINATION. (a) The board by rule may require that |
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| 31 | 31 | | a physician notify the physician's patients before retiring, |
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| 32 | 32 | | relocating, or terminating employment and provide the patients the |
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| 33 | 33 | | opportunity to request copies of billing or medical records under |
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| 34 | 34 | | Section 159.006. |
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| 35 | 35 | | (b) A contract provision may not nullify a requirement |
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| 36 | 36 | | adopted under Subsection (a). |
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| 37 | 37 | | SECTION 3. Section 159.011, Occupations Code, as added by |
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| 38 | 38 | | this Act, applies only to a contract entered into or renewed on or |
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| 39 | 39 | | after the effective date of this Act. A contract entered into or |
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| 40 | 40 | | renewed before the effective date of this Act is governed by the law |
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| 41 | 41 | | in effect on the date the contract was entered into or renewed, and |
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| 42 | 42 | | the former law is continued in effect for that purpose. |
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| 43 | 43 | | SECTION 2 |
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| 44 | 44 | | . This Act takes effect September 1, 2017. |
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