SRC-HRD H.B. 3161 75(R)   BILL ANALYSIS


Senate Research Center   H.B. 3161
By: Brimer (Armbrister)
Economic Development
5-12-97
Engrossed


DIGEST 

The Texas Workers' Compensation Commission (commission), on its own order
or by request from the carrier, may require an injured employee to submit
to a required medical examination (RME). RMEs are used to resolve any
questions about the appropriateness of medical care, the attainment of
maximum medical improvement, the impairment caused by a compensable
injury, and similar issues.   Under current law, the carrier may only
request a RME once in a 180-day period.                
This bill would provide specific circumstances under which the commission
may adopt rules requiring an injured employee to submit to more than one
RME in a 180-day period. Additionally, the bill proposes that an insurance
carrier be subject to a Class B administrative violation for  unreasonably
requesting RMEs.                                             
                     
PURPOSE

As proposed, H.B. 3161 provides specific circumstances under which the
commission may adopt rules requiring an injured employee to submit to more
than one required medical examination (RME) in a 180-day period.
Additionally, the bill proposes that an insurance carrier be subject to a
Class B administrative violation for unreasonably requesting RMEs.

RULEMAKING AUTHORITY

Rulemaking authority is granted to the Texas Workers' Compensation
Commission under SECTION 1 (Section 408.004(b), Labor Code) of this bill. 

SECTION BY SECTION ANALYSIS

SECTION 1. Amends Section 408.004(b), Labor Code, to provide that except
as otherwise provided by this subsection, the insurance carrier is
entitled to the examination only once in a 180day period.  Authorizes the
Texas Workers' Compensation Commission (commission) to adopt rules that
require an employee to submit to not more than three medical examinations
in a 180-day period under specified circumstances.  Requires the
commission, by rule, to adopt a system for monitoring requests made under
this subsection by insurance carriers.  Requires that system to ensure
that good cause exists for any additional medical examination allowed
under this subsection that is not requested by the employee.  Requires a
subsequent examination to be performed by the same doctor unless otherwise
approved by the commission. 

SECTION 2. Amends Section 408.004, Labor Code, by adding Subsection (g),
to provide that an insurance carrier who unreasonably requests a medical
examination under Subsection (b) commits a Class B administrative
violation. 

SECTION 3. Effective date: September 1, 1997.
  Makes application of this Act prospective.

SECTION 4. Emergency clause.
  Effective date: upon passage.