Bill > SB1235

This bill introduces several key provisions related to patient access to health records and health benefit plan information. It defines "information blocking" according to federal regulations and makes it unlawful to intentionally violate federal laws regulating information blocking. The bill expands patients' rights to access their health records by requiring health care providers to provide electronic or physical copies of records within 15 business days, with some important limitations. Specifically, for sensitive test results like pathology reports showing potential malignancies or HIV-positive results, providers must wait at least three days before electronically disclosing the information. The bill also establishes fee structures for record requests, capping charges at $100 for Medicaid recipients and patients with household incomes at or below 200% of the federal poverty level. Additionally, the legislation mandates that health benefit plan issuers establish specific application programming interfaces (APIs) to facilitate patient and healthcare provider access to health information, similar to Medicare Advantage organization requirements. The bill introduces civil penalties for violations, with potential fines ranging from $10,000 for negligent violations to $250,000 for intentional violations committed for financial gain. These provisions aim to improve transparency, accessibility, and patient control over personal health information while providing clear guidelines for healthcare providers and insurers.

Health and Social Services

https://capitol.texas.gov/BillLookup/History.aspx?LegSess=89R&Bill=SB1235