HBA-MPM H.B. 670 76(R)BILL ANALYSIS


Office of House Bill AnalysisH.B. 670
By: Wise
Public Health
6/7/1999
Enrolled



BACKGROUND AND PURPOSE 

Prior to the 76th Legislative Session, Texas veterans were required to pay
a fee to receive copies of medical records needed to support claims for
federal veterans' benefits.  Copies of these records were required to be
included when a veteran filed for disability benefits.  Several other
classes of Texans were already exempted from this fee by statute.  H.B. 670
exempts Texas veterans from the payment of fees for copies of medical
records when applying for disability benefits or related assistance. 

RULEMAKING AUTHORITY

It is the opinion of the Office of House Bill Analysis that this bill does
not expressly delegate any additional rulemaking authority to a state
officer, department, agency, or institution. 

SECTION BY SECTION ANALYSIS

SECTION 1.  Amends Section 161.202(a), Health and Safety Code, to include
38 U.S.C., Section 1101 et seq., as amended (Veteran's Benefits Part II -
General Benefits, Compensation for ServiceConnected Disability or Death,
General, Definitions), or 38 U.S.C., Section 1501 et seq., as amended
(Veteran's Benefits Part II - General Benefits, Pension for
Non-Service-Connected Disability or Death or for Service, General,
Definitions), in the list of statutes under which an application for
disability or other benefits or assistance for a patient or former patient,
or an appeal relating to denial of those benefits or assistance, is based.
Provides that a health care provider or health facility is not required to
provide more than one complete record per patient or former patient
requested under 38 U.S.C., Section 1101 or 38 U.S.C., Section 1501, without
charge.  Requires the health care provider or health facility, on request
and if additional material is added to the patient or former patient's
record, to supplement the record provided under these additional sections
without charge.  Provides that this provision does not affect a person's
ability to receive a medical or mental health record under the following: 

_Chapter 31, Human Resources Code;
_the state Medicaid program;
_Title II, 42 U.S.C., Section 401 et seq. (Social Security Act), as amended;
_Title XVI, 42 U.S.C., Section 1382 et seq. (Social Security Act), as
amended; and 
_Title XVIII, 42 U.S.C., Section 1395 et seq. (Social Security Act), as
amended. 

38 U.S.C., Section 1101, as made applicable by this section, defines
"veteran," "period of war," "chronic disease," and "tropical disease."  38
U.S.C., Section 1501, as made applicable by this section, defines "Indian
Wars," "World War I," "Civil War veteran," and "period of war." 

SECTION 2.  Effective date:  September 1, 1999.

SECTION 3.  Emergency clause.