87R6788 RDS-F
 
  By: Patterson, Shine, Ordaz Perez, Collier, H.B. No. 3042
      et al.
 
 
 
A BILL TO BE ENTITLED
 
AN ACT
  relating to the adoption and review of certain workers'
  compensation guidelines, protocols, and formulary.
         BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
         SECTION 1.  Section 413.011, Labor Code, is amended by
  adding Subsection (j) to read as follows:
         (j)  The commissioner by rule may at any time amend or
  replace the treatment guidelines, return-to-work guidelines, or
  individual treatment protocols adopted under Subsection (e) or the
  formulary adopted as described by Section 408.028(b) to ensure that
  the guidelines, protocols, and formulary are current and comply
  with the requirements of this section.
         SECTION 2.  (a) Not later than July 1, 2022, the
  commissioner of workers' compensation shall contract with an
  independent entity to conduct a comparative evaluation of the
  treatment guidelines, return-to-work guidelines, and individual
  treatment protocols adopted by the commissioner under Section
  413.011(e), Labor Code, and the formulary adopted by the
  commissioner as described by Section 408.028(b), Labor Code, and
  report the findings of the evaluation to the commissioner.
         (b)  The commissioner of workers' compensation shall ensure
  that the entity conducting the evaluation under Subsection (a) of
  this section does not have a conflict of interest that would
  adversely impact the entity's independence and impartiality,
  including any financial interest in a developer or publisher of any
  guideline considered in the evaluation. The entity conducting the
  evaluation may not participate in the development of any guideline
  considered in the evaluation.
         (c)  Based on the results of the comparative evaluation
  conducted under Subsection (a) of this section, the commissioner of
  workers' compensation shall determine whether the treatment
  guidelines, return-to-work guidelines, or individual treatment
  protocols adopted by the commissioner under Section 413.011(e),
  Labor Code, or the formulary adopted by the commissioner as
  described by Section 408.028(b), Labor Code, should be amended.
         SECTION 3.  This Act takes effect September 1, 2021.