| (a) All practitioners shall make, maintain, and keep
accurate records of the diagnosis made and the treatment performed
for and upon each of his or her patients for reference and for protection
of the patient for at least five years following the completion of
treatment.
(b) The records of the identity, diagnosis, evaluation,
or treatment of a patient by a practitioner that are created or maintained
by a practitioner are the property of the practitioner.
(c) A practitioner shall furnish copies of medical
records or a summary or narrative of the medical records pursuant
to a written request by the patient or by a parent or legal guardian
if the patient is a minor, or a legal guardian if the patient has
been adjudicated incompetent to manage his or her personal affairs,
or an attorney ad litem appointed for the patient or personal representative
if the patient is deceased, except if the practitioner determines
that access to the information would be harmful to the physical, mental,
or emotional health of the patient. The practitioner may delete confidential
information about another patient or family member of the patient
who has not consented to the release.
(d) The requested copies of medical records of a summary
or narrative of the records shall be furnished by the practitioner
within thirty (30) days after the date of the request and reasonable
fees for furnishing the information shall be paid by the patient or
someone on behalf of the patient.
(e) As referenced in subsection (c), if the practitioner
denies the request for copies of medical records or a summary or narrative
of the records, either in whole or in part, the practitioner shall
furnish the patient a written statement, signed and dated, stating
the reason for the denial, and a copy of the statement denying the
request shall be placed in the patient's medical records.
(f) The practitioner responding to a request for such
information shall be entitled to receive a reasonable fee for providing
the requested information. In addition, a reasonable fee may include
actual costs for mailing, shipping, or delivery of the records and
x-rays.
(g) The practitioner providing copies of requested
medical records or a summary or a narrative of such medical records
shall be entitled to payment of a reasonable fee prior to release
of the information unless the information is requested by a health
care provider licensed in Texas or licensed by any state, territory,
or insular possession of the United States or any State or Province
of Canada if requested for purposes of emergency or acute medical
care. In the event the practitioner receives a proper request for
copies of medical records or a summary or narrative of the medical
records for purposes other than for emergency or acute medical care,
the practitioner may retain the requested information until payment
is received. In the event payment is not routed with such a request,
within ten calendar days from receiving a request for the release
of such medical records for reasons other than emergency or acute
medical care, the practitioner shall notify the requesting party in
writing of the need for payment and may withhold the information until
payment of a reasonable fee is received. A copy of the letter regarding
the need for payment shall be made part of the patient's medical record.
Medical records requested pursuant to a proper request for release
may not be withheld from the patient, the patient's authorized agency,
or the patient's designated recipient for such records based on a
past due account for medical care or treatment previously rendered
to the patient.
(h) A subpoena shall not be required for the release
of medical records requested pursuant to a proper release for records
under this section made by a patient or by the patient's guardian
or other representative duly authorized to obtain such records.
(i) In response to a proper request for release of
medical records, a practitioner shall not be required to provide copies
of billing records pertaining to medical treatment of a patient unless
specifically requested pursuant to the request for release of medical
records.
(j) The allowable charges as set forth in this chapter
shall be maximum amounts, and this chapter shall be construed and
applied so as to be consistent with lower fees or the prohibition
or absence of such fees as required by state statute or prevailing
federal law.
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