Tex. Labor Code Section 404.155
Cost for Certain Copies of Medical Records; Administrative Violation

(a)

At the written request of an ombudsman designated under this subchapter who is assisting a specific injured employee, a health care provider shall provide copies of the injured employee’s medical records to the ombudsman at no cost to the ombudsman or the office.

(b)

The workers’ compensation insurance carrier is liable to the health care provider for the cost of providing copies of the employee’s medical records under this section. The insurance carrier may not deduct that cost from any benefit to which the employee is entitled.

(c)

The amount charged for providing copies of an injured employee’s medical records under this section is the amount prescribed by rules adopted by the commissioner for copying medical records.

(d)

A health care provider may not require payment for the cost of providing copies of an injured employee’s medical records under this section before providing the copies to the ombudsman.

(e)

The public counsel may adopt rules regarding a time frame for the provision of copies of an injured employee’s medical records under this section and any other matter relating to provision of those copies.

(f)

A health care provider or insurance carrier that fails to comply with the requirements of this section or rules adopted under this section commits an administrative violation. The commissioner shall enforce a violation under this subsection in accordance with Chapter 415 (Administrative Violations).

Added by Acts 2007, 80th Leg., R.S., Ch. 1009 (H.B. 888), Sec. 1, eff. June 15, 2007.

Source: Section 404.155 — Cost for Certain Copies of Medical Records; Administrative Violation, https://statutes.capitol.texas.gov/Docs/LA/htm/LA.404.htm#404.155 (accessed Apr. 20, 2024).

404.001
Definitions 404.002
Establishment of Office 404.003
Sunset Provision 404.004
Public Interest Information 404.005
Access to Programs and Facilities 404.006
Rulemaking 404.007
Negotiated Rulemaking 404.008
Complaints 404.051
Appointment 404.052
Qualifications 404.053
Business Interest 404.054
Lobbying Activities 404.055
Grounds for Removal 404.056
Prohibited Representation or Employment 404.057
Trade Associations 404.101
General Duties 404.102
General Powers and Duties of Public Counsel 404.103
Operation of Ombudsman Program 404.104
Authority to Appear or Intervene 404.105
Authority to Assist Individual Injured Employees in Administrative Procedures 404.106
Legislative Report 404.107
Access to Information by Public Counsel 404.108
Legislative Recommendations 404.109
Injured Employee Rights 404.110
Applicability to Public Counsel of Confidentiality Requirements 404.111
Access to Information 404.151
Ombudsman Program 404.152
Designation as Ombudsman 404.153
Employer Notification 404.154
Public Information 404.155
Cost for Certain Copies of Medical Records 404.1015
Refusal to Provide or Termination of Services 404.1525
First Responder Liaison

Accessed:
Apr. 20, 2024

§ 404.155’s source at texas.gov

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Location: https://texas.public.law/statutes/tex._labor_code_section_404.155

Original Source: Section 404.155 — Cost for Certain Copies of Medical Records; Administrative Violation, https://statutes.capitol.texas.gov/Docs/LA/htm/LA.404.htm#404.155 (last accessed Apr. 20, 2024).