88R24933 LRM-F
 
  By: Capriglione, Hull, et al. H.B. No. 3468
 
Substitute the following for H.B. No. 3468:
 
  By:  Klick C.S.H.B. No. 3468
 
 
A BILL TO BE ENTITLED
AN ACT
relating to a patient's access to health records; authorizing a
civil penalty; authorizing fees.
       BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
       SECTION 1.  Section 15.05, Business & Commerce Code, is
amended by adding Subsection (a-1) to read as follows:
       (a-1)  It is unlawful for a person to place a restraint on
trade or commerce by intentionally violating federal laws
regulating information blocking, as that term is defined by 45
C.F.R. Section 171.103.
       SECTION 2.  Section 181.001(b), Health and Safety Code, is
amended by adding Subdivision (3-a) to read as follows:
             (3-a)  "Information blocking" has the meaning assigned
by 45 C.F.R. Section 171.103.
       SECTION 3.  Section 181.004(a), Health and Safety Code, is
amended to read as follows:
       (a)  A covered entity, as that term is defined by 45 C.F.R.
Section 160.103, shall comply with:
             (1)  the Health Insurance Portability and
Accountability Act and Privacy Standards; and
             (2)  federal laws regulating information blocking.
       SECTION 4.  Section 181.102, Health and Safety Code, is
amended to read as follows:
       Sec. 181.102.  CONSUMER ACCESS TO [ELECTRONIC] HEALTH
RECORDS.  (a)  The health information of a patient contained in the
patient's physical or electronic health records is considered the
patient's property and, subject to the payment of fees required
under this section, a patient or the patient's legally authorized
representative on request is entitled to copies of those health
records.
       (b)  Except as provided by Subsection (d) [(b)], if a health
care provider is using an electronic health records system that is
capable of fulfilling the request, the health care provider, as
soon as practicable but not later than the 15th business day after
the date the health care provider receives a written request from a
person for the person's electronic health record, shall provide the
requested record to the person in electronic form unless the person
agrees to accept the record in another form.
       (c)  Except as provided by Subsection (d), a health care
provider's violation of federal laws regulating information
blocking constitutes a violation of this section.
       (d) [(b)]  A health care provider is not required to provide
access to a person's protected health information that is excepted
from access, or to which access may be denied, under 45 C.F.R.
Section 164.524.
       (e) [(c)]  For purposes of this section [Subsection (a)],
the executive commissioner, in consultation with the department,
the Texas Medical Board, and the Texas Department of Insurance, by
rule may recommend a standard electronic format for the release of
requested health records.  The standard electronic format
recommended under this section must be consistent, if feasible,
with federal law regarding the release of electronic health
records.
       (f)  A covered entity that receives a request from a patient
or the patient's legally authorized representative for a copy of
the patient's health records may charge a fee to produce those
records in an amount consistent with the requirements under 45
C.F.R. Section 164.524, except that a covered entity may not charge
an aggregate amount that exceeds $100 to produce the records if:
             (1)  the patient is a Medicaid recipient; or
             (2)  the patient's household income is at or below 200
percent of the federal poverty level.
       (g)  A covered entity shall post in a conspicuous location
for patients requesting health records notice of the option to
obtain a copy of the patient's health records under Subsection (f).
       (h)  A covered entity may require a patient or the patient's
legally authorized representative to submit a written or electronic
request for copies of the patient's health records but may not
require a patient or the patient's legally authorized
representative to submit a request by facsimile.
       (i)  Unless explicitly authorized by state or federal law, a

Statutes affected:
Introduced: Commerce Code 15.05, Health and Safety Code 181.004, Health and Safety Code 181.102, Health and Safety Code 181.201 (Commerce Code 15, Health and Safety Code 181)
House Committee Report: Commerce Code 15.05, Health and Safety Code 181.001, Health and Safety Code 181.004, Health and Safety Code 181.102, Health and Safety Code 181.201, Health and Safety Code 241.154 (Health and Safety Code 241, Commerce Code 15, Health and Safety Code 181)