GEC C.S.H.B. 3161 75(R) BILL ANALYSIS BUSINESS & INDUSTRY C.S.H.B. 3161 By: Brimer 4-1-97 Committee Report (Substituted) BACKGROUND 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). RME's 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 180day period. PURPOSE This proposed legislation provides 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 RME's. RULEMAKING AUTHORITY The bill delegates rulemaking authority to the commission in SECTION 1-Section 408.004(b). SECTION BY SECTION ANALYSIS SECTION 1. Section 408.004(b), Texas Labor Code, is amended to provide specific circumstances under which the TWCC may adopt rules requiring an injured employee to submit to more than one RME in a 180-day period. The specific circumstances include the need for a determination on whether (1) the employee's medical condition has changed, (2) it is necessary to change the employee's diagnosis, and (3) the treatment should be extended to another body part or system. SECTION 2. Section 408.004 is amended by adding a new subsection (g) that subjects the carrier to a Class B administrative violation for unreasonably requesting a RME. SECTION 3. Sets effective date at September 1, 1997, for dates of injury on or after that date. Continues former law for dates of injury prior to effective date. SECTION 4. Suspends three-day rule. COMPARISON OF ORIGINAL TO SUBSTITUTE The substitute makes technical changes due to drafting errors by changing the reference in Section 2, line 19 from (c) to (b). The substitute then adds a new Section 3, which adds the effective date, then renumbers the remaining section accordingly.