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A BILL TO BE ENTITLED
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AN ACT
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relating to payments associated with certain medical examinations |
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under the workers' compensation system; imposing a fee. |
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BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
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SECTION 1. Section 408.0041(h), Labor Code, is amended to |
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read as follows: |
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(h) In accordance with the adjusted payment amounts |
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prescribed by the commissioner under Section 408.00411, the [The] |
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insurance carrier shall pay [for]: |
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(1) for: |
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(A) an examination required under Subsection |
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(a), (f), or (f-2), unless otherwise prohibited by this subtitle or |
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by an order or rule of the commissioner; and |
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(B) [(2)] the reasonable expenses incident to |
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the employee in submitting to the examination; or |
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(2) if an employee fails or refuses to appear at the |
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time and place scheduled for an examination under Subsection (a) or |
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(f), a fee set by the commissioner in an amount not less than $100, |
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to the designated doctor or doctor selected by the insurance |
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carrier, as applicable. |
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SECTION 2. Subchapter A, Chapter 408, Labor Code, is |
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amended by adding Section 408.00411 to read as follows: |
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Sec. 408.00411. ADJUSTMENT OF CERTAIN EXAMINATION FEES AND |
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EXAMINATION NO-SHOW FEES. (a) Not later than January 31 of each |
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even-numbered year beginning 2026, the commissioner shall adjust |
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for inflation in accordance with Subsection (b) the amounts |
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required to be paid by an insurance carrier: |
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(1) for a medical examination under Section |
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408.0041(a), (f), or (f-2); and |
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(2) as a fee under Section 408.0041(h)(2) for the |
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failure or refusal of an employee to appear at the time and place |
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scheduled for a medical examination to which that subdivision |
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applies. |
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(b) The commissioner shall compute the amount of an |
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adjustment under Subsection (a) based on the percentage increase, |
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if any, in the Medicare Economic Index for the preceding 24-month |
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period ending January 1. |
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(c) An adjustment under this section takes effect beginning |
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March 1 of the year of the adjustment. |
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(d) Not later than January 31, 2024, the commissioner shall |
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adjust for inflation in accordance with this subsection the amounts |
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required to be paid by an insurance carrier for a medical |
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examination under Section 408.0041(a), (f), or (f-2). The |
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commissioner shall compute the amount of the adjustment based on |
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the percentage increase, if any, in the Medicare Economic Index for |
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the period beginning on the date that the fee was last set or |
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adjusted by the commissioner and ending January 1, 2024. This |
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subsection expires January 1, 2025. |
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SECTION 3. Not later than January 31, 2024, the |
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commissioner of workers' compensation shall set the initial amount |
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of the fee under Section 408.0041(h)(2), Labor Code, as added by |
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this Act. |
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SECTION 4. Not later than January 31, 2026, the |
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commissioner of workers' compensation shall make the initial |
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adjustment to the fee under Section 408.0041(h)(2), Labor Code, as |
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added by this Act, in accordance with Section 408.00411, Labor |
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Code, as added by this Act. |
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SECTION 5. The changes in law made by this Act to Section |
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408.0041, Labor Code, apply only to a medical examination that |
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occurs or is scheduled to occur, as applicable, on or after March 1, |
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2024. A medical examination that occurs or is scheduled to occur, |
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as applicable, before that date is governed by the law as it existed |
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immediately before the effective date of this Act, and the former |
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law is continued in effect for that purpose. |
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SECTION 6. This Act takes effect September 1, 2023. |