S.B. No. 1235 is a legislative bill designed to enhance patient access to health records and improve the exchange of health benefit plan information. It prohibits "information blocking" as defined by federal regulations and requires covered entities to comply with the Health Insurance Portability and Accountability Act (HIPAA) and federal laws on information blocking. The bill mandates that patients or their authorized representatives can request electronic copies of health records within 15 business days, detailing the conditions under which fees may be charged. It also introduces civil penalties for violations related to patient access and defines "sensitive test results," restricting their electronic disclosure for a specified period. Additionally, health benefit plan issuers are required to establish application programming interfaces to facilitate access to health information.
The bill further requires the commissioner to adopt rules that align with standards and federal effective dates set by the Centers for Medicare and Medicaid Services, ensuring compliance with any final rules and enforcement timelines issued by these agencies. A severability clause is included to maintain the enforceability of remaining provisions if any part of the Act is deemed invalid. The changes to the Business & Commerce Code and the Health and Safety Code will apply only to violations occurring on or after the effective date of September 1, 2025, while provisions related to the Insurance Code will apply to health benefit plans delivered, issued, or renewed starting January 1, 2026.
Statutes affected: Introduced: 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 (Commerce Code 15, Health and Safety Code 241, Health and Safety Code 181)