By Holzheauser                                        H.B. No. 1893
       74R6079 PB-D
                                 A BILL TO BE ENTITLED
    1-1                                AN ACT
    1-2  relating to the powers and duties of an ombudsman under the Texas
    1-3  Workers' Compensation Act.
    1-4        BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
    1-5        SECTION 1.  Subchapter C, Chapter 409, Labor Code, is amended
    1-6  to read as follows:
    1-7                   SUBCHAPTER C.  OMBUDSMAN PROGRAM
    1-8        Sec. 409.041.  OMBUDSMAN PROGRAM; DUTIES OF OMBUDSMAN
    1-9  <ADMINISTRATIVE VIOLATION>.  (a)  The commission shall maintain an
   1-10  ombudsman program as provided by this subchapter to assist injured
   1-11  workers and persons claiming death benefits in obtaining benefits
   1-12  under this subtitle.
   1-13        (b)  An ombudsman shall:
   1-14              (1)  meet with or otherwise provide information to
   1-15  injured workers;
   1-16              (2)  investigate complaints;
   1-17              (3)  communicate with employers, insurance carriers,
   1-18  and health care providers on behalf of injured workers; and
   1-19              (4)  assist unrepresented claimants, employers, and
   1-20  other parties to enable those persons to protect their rights in
   1-21  the workers' compensation system.
   1-22        (c)  To fulfill the duties imposed under Subsection (b), an
   1-23  ombudsman may:
   1-24              (1)  assist participants in the workers' compensation
    2-1  system to properly complete required forms;
    2-2              (2)  contact unrepresented employees when a benefit
    2-3  review conference is requested and explain the process under this
    2-4  subtitle as well as the services provided by the ombudsman;
    2-5              (3)  assist an injured worker by:
    2-6                    (A)  explaining the need to state the worker's
    2-7  position in a dispute; and
    2-8                    (B)  helping the worker to prepare a checklist
    2-9  specific to the issues in question;
   2-10              (4)  assist an injured worker who needs additional help
   2-11  to:
   2-12                    (A)  prepare and present facts; and
   2-13                    (B)  gather reports and other evidence; and
   2-14              (5)  attend benefit review conferences, contested case
   2-15  hearings, and arbitration proceedings conducted under Chapter 410.
   2-16        (d)  At a benefit review conference, contested case hearing,
   2-17  or arbitration proceeding, an ombudsman may assist an injured
   2-18  worker by:
   2-19              (1)  presenting factual information;
   2-20              (2)  reviewing information presented by the opposing
   2-21  party;
   2-22              (3)  questioning a witness who presents information or
   2-23  testifies;
   2-24              (4)  raising evidentiary questions;
   2-25              (5)  raising questions on the propriety of actions
   2-26  taken on behalf of the injured worker; and
   2-27              (6)  if appropriate, making a summary statement.
    3-1        (e)  After a contested case hearing, an ombudsman may assist
    3-2  an unrepresented injured worker who wishes to appeal by explaining
    3-3  the time requirements imposed under this subtitle and other appeal
    3-4  requirements.
    3-5        (f)  After an appeals panel decision is issued, an ombudsman
    3-6  may assist an unrepresented injured worker who wishes to seek
    3-7  judicial review of the decision by explaining the time requirements
    3-8  imposed under this subtitle, venue requirements, and the
    3-9  requirement to file a copy of the petition with the commission and
   3-10  opposing party.
   3-11        Sec. 409.042.  PROHIBITED ACTIVITIES.  An ombudsman may not:
   3-12              (1)  represent an injured worker who is not represented
   3-13  by an attorney or other person at an administrative proceeding;
   3-14              (2)  discuss a case in an off-the-record conversation
   3-15  with the benefit review officer or hearings officer presiding over
   3-16  that case;
   3-17              (3)  sign an agreement for any participant;
   3-18              (4)  give legal advice to any participant;
   3-19              (5)  make required decisions for any participant; or
   3-20              (6)  instruct the benefit review officer or hearings
   3-21  officer presiding over a case as to how to decide the case.
   3-22        Sec. 409.043.  DESIGNATION AS OMBUDSMAN.  At least one
   3-23  specially qualified employee in each commission office shall be
   3-24  designated an ombudsman who shall perform the duties imposed under
   3-25  this subchapter <section> as the person's primary responsibility.
   3-26        Sec. 409.044.  EMPLOYER NOTIFICATION; ADMINISTRATIVE
   3-27  VIOLATION.  (a) <(d)>  Each employer shall notify its employees of
    4-1  the ombudsman program in a manner prescribed by the commission.
    4-2        (b)  An employer commits a violation if the employer fails to
    4-3  comply with this section <subsection>.  A violation under this
    4-4  section <subsection> is a Class C administrative violation.
    4-5        Sec. 409.045 <409.042>.  PUBLIC INFORMATION.  The commission
    4-6  shall widely disseminate information about the ombudsman program.
    4-7        SECTION 2.  Section 410.026(a), Labor Code, is amended to
    4-8  read as follows:
    4-9        (a)  A benefit review officer shall:
   4-10              (1)  mediate disputes between the parties and assist in
   4-11  the adjustment of the claim consistent with this subtitle and the
   4-12  policies of the commission;
   4-13              (2)  thoroughly inform all parties of their rights and
   4-14  responsibilities under this subtitle, especially in a case in which
   4-15  the employee is not represented by an attorney or other
   4-16  representative; <and>
   4-17              (3)  ensure that all documents and information relating
   4-18  to the employee's wages, medical condition, and any other
   4-19  information pertinent to the resolution of disputed issues are
   4-20  contained in the claim file at the conference, especially in a case
   4-21  in which the employee is not represented by an attorney or other
   4-22  representative; and
   4-23              (4)  ensure that an employee who is not represented by
   4-24  an attorney is assisted by an ombudsman to the extent authorized
   4-25  under Subchapter C, Chapter 409.
   4-26        SECTION 3.  Section 410.103, Labor Code, is amended to read
   4-27  as follows:
    5-1        Sec. 410.103.  DUTIES OF ARBITRATOR.  (a)  An arbitrator
    5-2  shall:
    5-3              (1)  protect the interests of all parties;
    5-4              (2)  ensure that all relevant evidence has been
    5-5  disclosed to the arbitrator and to all parties; and
    5-6              (3)  render an award consistent with this subtitle and
    5-7  the policies of the commission.
    5-8        (b)  An arbitrator shall ensure that an employee who is not
    5-9  represented by an attorney is assisted by an ombudsman to the
   5-10  extent authorized under Subchapter C, Chapter 409.
   5-11        SECTION 4.  Section 410.163, Labor Code, is amended by adding
   5-12  Subsection (c) to read as follows:
   5-13        (c)  A hearings officer shall ensure that an employee who is
   5-14  not represented by an attorney is assisted by an ombudsman to the
   5-15  extent authorized under Subchapter C, Chapter 409.
   5-16        SECTION 5.  This Act takes effect September 1, 1995.
   5-17        SECTION 6.  The importance of this legislation and the
   5-18  crowded condition of the calendars in both houses create an
   5-19  emergency and an imperative public necessity that the
   5-20  constitutional rule requiring bills to be read on three several
   5-21  days in each house be suspended, and this rule is hereby suspended.