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Valley Baptist Medical Center v. Morales

Under the Texas Health and Safety Code �241.154, a party may charge a reasonable fee for providing copies of medical records pursuant to the Texas Civil Practices and Remedies Code �74.051(d). Corpus Christi Court of Appeals, No. 13-08-00200-CV, 08-28-2009

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OPINION

Before Justices Rodriguez, Garza, and Vela

This is a statutory construction case. In a mandamus proceeding, the district court ordered appellant, Valley Baptist Medical Center (VBMC), to produce the medical records of Paulina Morales to appellee, Noe Morales, Jr. (Morales), as administrator of the estate of Paulina Morales, deceased, without charge. By a single issue, VBMC contends that the trial court erred in ordering production of the records without charge because, although Morales is entitled to a copy of Ms. Morales’s medical records pursuant to section 74.051(d) of the Texas Civil Practices and Remedies Code, VBMC may charge a reasonable fee for providing the information under section 241.154 of the Texas Health and Safety Code. See Tex. Civ. Prac. & Rem. Code Ann. § 74.051(d) (Vernon 2005); Tex. Health & Safety Code Ann. § 241.154 (Vernon 2001). We reverse and render.

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