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AN ACT
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relating to the reimbursement of an insurance carrier for the |
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overpayment of certain workers' compensation benefits and to an |
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interlocutory order for benefit payments. |
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BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
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SECTION 1. Section 408.0041, Labor Code, is amended by |
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adding Subsection (f-1) to read as follows: |
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(f-1) The subsequent injury fund shall reimburse an |
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insurance carrier for any overpayment of benefits made by the |
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insurance carrier under Subsection (f) based on an opinion rendered |
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by a designated doctor if that opinion is reversed or modified by a |
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final arbitration award or a final order or decision of the |
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commissioner or a court. The commissioner shall adopt rules to |
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provide for a periodic reimbursement schedule, providing |
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reimbursement at least annually. |
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SECTION 2. Subsection (g), Section 408.042, Labor Code, is |
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amended to read as follows: |
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(g) An insurance carrier is entitled to apply for and |
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receive reimbursement at least annually from the subsequent injury |
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fund for the amount of income and death benefits paid to a worker |
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under this section that are based on employment other than the |
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employment during which the compensable injury occurred. The |
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commissioner may adopt rules that govern the documentation, |
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application process, and other administrative requirements |
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necessary to implement this subsection. |
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SECTION 3. Subsection (b), Section 403.006, Labor Code, is |
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amended to read as follows: |
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(b) The subsequent injury fund is liable for: |
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(1) the payment of compensation as provided by Section |
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408.162; |
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(2) reimbursement of insurance carrier claims of |
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overpayment of benefits made under an interlocutory order or |
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decision of the commissioner as provided by this subtitle, |
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consistent with the priorities established by rule by the |
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commissioner; [and] |
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(3) reimbursement of insurance carrier claims as |
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provided by Sections 408.042 and 413.0141, consistent with the |
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priorities established by rule by the commissioner; and |
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(4) the reimbursement of an insurance carrier as |
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provided by Section 408.0041(f-1). |
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SECTION 4. Section 410.032, Labor Code, is amended to read |
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as follows: |
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Sec. 410.032. PAYMENT OF BENEFITS UNDER INTERLOCUTORY |
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ORDER. (a) The [As designated by the commissioner, division
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staff, other than the] benefit review officer who presides |
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[presided or will preside] at the benefit review conference[,] |
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shall: |
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(1) consider a written or verbal request for an |
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interlocutory order for the payment of benefits; and |
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(2) [shall issue an interlocutory order] if the |
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benefit review officer determines that issuance of an interlocutory |
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order is [determined to be] appropriate, issue the interlocutory |
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order not later than the third day after the date of receipt of the |
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request under Subdivision (1). |
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(b) The interlocutory order may address accrued benefits, |
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future benefits, or both accrued benefits and future benefits. |
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SECTION 5. Subsection (f-1), Section 408.0041, Labor Code, |
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as added by this Act, applies only to a final arbitration award or a |
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final order or decision of the commissioner of workers' |
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compensation or a court rendered on or after the effective date of |
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this Act. A final arbitration award, order, or decision rendered |
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before the effective date of this Act is governed by the law in |
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effect on the date the award, order, or decision was rendered, and |
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the former law is continued in effect for that purpose. |
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SECTION 6. Section 410.032, Labor Code, as amended by this |
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Act, applies only to a request for an interlocutory order made in |
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conjunction with a workers' compensation benefit review conference |
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that is conducted by a benefit review officer on or after the |
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effective date of this Act. A request made before that date is |
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governed by the law in effect on the date the request is made, and |
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the former law is continued in effect for that purpose. |
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SECTION 7. This Act takes effect September 1, 2007. |
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______________________________ |
______________________________ |
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President of the Senate |
Speaker of the House |
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I hereby certify that S.B. No. 1169 passed the Senate on |
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April 26, 2007, by the following vote: Yeas 30, Nays 0; and that |
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the Senate concurred in House amendment on May 24, 2007, by the |
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following vote: Yeas 30, Nays 0. |
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______________________________ |
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Secretary of the Senate |
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I hereby certify that S.B. No. 1169 passed the House, with |
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amendment, on May 17, 2007, by the following vote: Yeas 142, |
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Nays 0, two present not voting. |
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______________________________ |
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Chief Clerk of the House |
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Approved: |
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______________________________ |
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Date |
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______________________________ |
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Governor |