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AN ACT
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relating to the release of certain health care information. |
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BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
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SECTION 1. Section 241.151(2), Health and Safety Code, is |
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amended to read as follows: |
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(2) "Health care information" means information, |
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including payment information, recorded in any form or medium that |
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identifies a patient and relates to the history, diagnosis, |
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treatment, or prognosis of a patient. |
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SECTION 2. Section 241.154, Health and Safety Code, is |
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amended by amending Subsections (a) and (b) and adding Subsection |
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(f) to read as follows: |
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(a) On receipt of a written authorization from a patient or |
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legally authorized representative to examine or copy all or part of |
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the patient's recorded health care information, except payment |
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information, or for disclosures under Section 241.153 not requiring |
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written authorization, a hospital or its agent, as promptly as |
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required under the circumstances but not later than the 15th day |
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after the date the request and payment authorized under Subsection |
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(b) are received, shall: |
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(1) make the information available for examination |
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during regular business hours and provide a copy to the requestor, |
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if requested; or |
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(2) inform the authorized requestor if the information |
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does not exist or cannot be found. |
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(b) Except as provided by Subsection (d), the hospital or |
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its agent may charge a reasonable fee for providing the health care |
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information except payment information and is not required to |
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permit the examination, copying, or release of the information |
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requested until the fee is paid unless there is a medical emergency. |
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The fee may not exceed the sum of: |
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(1) a basic retrieval or processing fee, which must |
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include the fee for providing the first 10 pages of the copies and |
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which may not exceed $30; and |
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(A) a charge for each page of: |
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(i) $1 for the 11th through the 60th page of |
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the provided copies; |
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(ii) 50 cents for the 61st through the 400th |
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page of the provided copies; and |
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(iii) 25 cents for any remaining pages of |
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the provided copies; and |
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(B) the actual cost of mailing, shipping, or |
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otherwise delivering the provided copies; [or] |
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(2) if the requested records are stored on [any] |
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microform [or other electronic medium], a retrieval or processing |
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fee, which must include the fee for providing the first 10 pages of |
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the copies and which may not exceed $45; and |
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(A) $1 per page thereafter; and |
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(B) the actual cost of mailing, shipping, or |
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otherwise delivering the provided copies; or |
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(3) if the requested records are provided on a digital |
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or other electronic medium and the requesting party requests |
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delivery in a digital or electronic medium, including electronic |
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mail: |
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(A) a retrieval or processing fee, which may not |
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exceed $75; and |
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(B) the actual cost of mailing, shipping, or |
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otherwise delivering the provided copies. |
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(f) A request from a patient or legally authorized |
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representative for payment information is subject to Section |
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311.002. |
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SECTION 3. The change in law made by this Act applies only |
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to the disclosure or exchange of health care information under |
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Subchapter G, Chapter 241, Health and Safety Code, on or after the |
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effective date of this Act. The disclosure or exchange of health |
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care information before the effective date of this Act is governed |
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by the law as it existed immediately before that date, and that law |
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is continued in effect for that purpose. |
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SECTION 4. 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, 2009. |
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______________________________ |
______________________________ |
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President of the Senate |
Speaker of the House |
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I certify that H.B. No. 4029 was passed by the House on May 5, |
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2009, by the following vote: Yeas 144, Nays 0, 1 present, not |
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voting; and that the House concurred in Senate amendments to H.B. |
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No. 4029 on May 21, 2009, by the following vote: Yeas 91, Nays 44, |
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2 present, not voting. |
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______________________________ |
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Chief Clerk of the House |
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I certify that H.B. No. 4029 was passed by the Senate, with |
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amendments, on May 18, 2009, by the following vote: Yeas 31, Nays |
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0. |
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______________________________ |
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Secretary of the Senate |
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APPROVED: __________________ |
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Date |
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__________________ |
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Governor |