Bill > HB4855

This bill aims to enhance patient access to health records and improve health information exchange by introducing several key provisions. It defines "information blocking" according to federal regulations and makes it unlawful to intentionally violate federal laws regulating such blocking. The bill requires healthcare providers to comply with both HIPAA (Health Insurance Portability and Accountability Act) privacy standards and federal information blocking regulations. It establishes detailed rules for patient access to health records, including that patients or their legal representatives can request copies of physical or electronic health records, with providers required to respond within 15 business days. The bill also introduces fee limitations, capping charges at $100 for Medicaid recipients or 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 to facilitate patient and healthcare provider access to health information, similar to Medicare Advantage organizations. The bill includes provisions for civil penalties for violations, with potential fines ranging from $10,000 for negligent violations to $250,000 for intentional violations aimed at financial gain. Notably, the bill includes a special provision delaying implementation of certain health benefit plan requirements until January 1, 2026, and will take effect on September 1, 2025.

Health and Social Services

https://capitol.texas.gov/BillLookup/History.aspx?LegSess=89R&Bill=HB4855