Texas Administrative Code › Title 22 - EXAMINING BOARDS › Part 9 - TEXAS MEDICAL BOARD › Chapter 165 - MEDICAL RECORDS › Section 165.2 - Medical Record Release and Charges

Current through Reg. 49, No. 28; July 12, 2024
(a)
				Release of Records Pursuant to Written Request. As required by the Medical
				Practice Act, § 159.006, a physician shall furnish copies of medical
				and/or billing records requested or a summary or narrative of the records
				pursuant to a written release of the information as provided by the Medical
				Practice Act, § 159.005, except if the physician determines that access to
				the information would be harmful to the physical, mental, or emotional health
				of the patient. The physician may delete confidential information about another
				patient or family member of the patient who has not consented to the release.
				If requested, the physician shall provide the requested records in electronic
				format, if such records are readily producible. If the requested records are
				not readily producible in a readable electronic format, the records shall be
				produced in a format as agreed to by the physician and the requestor. If by the
				nature of the physician's practice, the physician transmits health information
				in electronic form, the physician may be subject to the Health Insurance
				Portability and Accountability Act (HIPAA)
				45 C.F.R. Parts
				160 -
				164. Unless otherwise provided
				under HIPAA, physicians subject to HIPAA must permit the patient or an
				authorized representative access to inspect medical and/or billing records and
				may not provide summaries in lieu of actual copies unless the patient
				authorizes the summary and related charges.
(b) Deadline for Release of Records. The
				requested copies of medical and/or billing records or a summary or narrative of
				the records shall be furnished by the physician within 15 business days after
				the date of receipt of the request and reasonable fees for furnishing the
				information.
(c) Denial of Requests
				for Records. If the physician denies the request for copies of medical and/or
				billing records or a summary or narrative of the records, either in whole or in
				part, the physician shall furnish the patient a written statement, signed and
				dated, within 15 business days of receipt of the request stating the reason for
				the denial and how the patient can file a complaint with the federal Department
				of Health and Human Services (if the physician is subject to HIPAA) and the
				Texas Medical Board. A copy of the statement denying the request shall be
				placed in the patient's medical and/or billing records as
				appropriate.
(d) Contents of
				Records. For purposes of this section, "medical records" shall include those
				records as defined in §
									165.1(a)
				of this title (relating to Medical Records) and shall include copies of medical
				records of other health care practitioners contained in the records of the
				physician to whom a request for release of records has been made.
(e) Allowable Charges.
(1) Paper Format.
(A) The physician responding to a request for
				such information in paper format shall be entitled to receive a reasonable,
				cost-based fee for providing the requested information.
(B) A reasonable fee for providing the
				requested records in paper format shall be a charge of no more than $25 for the
				first twenty pages and $.50 per page for every copy thereafter.