How to Get Free Medical Records
in Texas
Under
the Health and Safety Code, Chapter 161.201, Subchapter M, Medical or Mental Health Records, Texas veterans are eligible for
no cost medical records when they are obtained to file a claim for a disability against the U.S. Department of Veterans Affair
(USDVA). The health care provider or health care facility is not required to provide more than one (1)
complete record for the patient or former patient without charge. Also, it should be noted, that some medical
facilities will charge a small administrative fee for obtaining records.
Texas Health
and Safety Code, Chapter 161.201, Subchapter M, Medical or Mental Health Records
Definition
In this subchapter, "health
care provider" means a person who is licensed, certified, or otherwise authorized by the laws of this state to provide
or render health care in the ordinary course of business or practice of a profession.
Fees
(a) A health care provider or
health care facility may not charge a fee for a medical or mental health record requested by a patient or former patient,
or by an attorney or other authorized representative of the patient or former patient, for use in supporting an application
for disability benefits or other benefits or assistance the patient or former patient may be eligible to receive based on
that patient's or former patient's disability, or an appeal relating to denial of those benefits or assistance under:
(1) Chapter 31, Human Resources Code;
(2) the state Medicaid program;
(3) Title
II, the federal Social Security Act, as amended (42 U.S.C. Section 401 et seq.);
(4) Title XVI, the federal Social
Security Act, as amended (42 U.S.C. Section 1382 et seq.);
(5) Title XVIII, the federal Social Security Act, as amended (42
U.S.C. Section 1395 et seq.);
(6) 38 U.S.C. Section 1101 et seq., as amended; or
(7) 38 U.S.C. Section 1501 et
seq., as amended.
(b) A health care provider or
health care facility may charge a fee for the medical or mental health record of a patient or former patient requested by
a state or federal agency in relation to the patient or former patient's application for benefits or assistance under Subsection
(a) or an appeal relating to denial of those benefits or assistance.
(c) A person, including a state or federal agency, that requests
a record under this section shall include with the request a statement or document from the department or agency that administers
the issuance of the assistance or benefits that confirms the application or appeal.
(d) A health care provider or
health facility is not required to provide more than one complete record for a patient or former patient requested under Subsection
(a)(6) or (7) without charge. If additional material is added to the patient or former patient's record, on request the health
care provider or health facility shall supplement the record provided under Subsection (a)(6) or (7) without charge. This
subsection does not affect the ability of a person to receive a medical or mental health record under Subsections (a)(1)-(5).
Distribution of Records
A health care provider or health care facility shall provide to the
requestor a medical or mental health record requested under Section 161.202 not later than the 30th day after the date on
which the provider or facility receives the request.
Application of Other Law
This subchapter controls over Section 611.0045 of
this code and Section 159.006, Occupations Code, and any other provision that authorizes the charging of a fee for providing
medical or mental health records.