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.