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