GEC C.S.H.B. 3196 75(R) BILL ANALYSIS BUSINESS & INDUSTRY C.S.H.B. 3196 By: Janek 3-27-97 Committee Report (Substituted) BACKGROUND The authors of Senate Bill 1 knew that some provisions of the law would have to be fine tuned as time passed, and we were able to see how the law was implemented. PURPOSE This proposed legislation makes four modifications to Chapter 408. Benefits, Texas Labor Code. It: - specifies those who may accompany an employee to a required medical examination; - requires that a designated doctor be of the same specialty as the employee's choice of doctor. Currently, doctors must only be of the same discipline, which can result, for example, in a designated doctor who specializes in anesthesiology making a determination on a knee injury; - allows for lifetime income benefits (LIBs) for an injury to the brain. The statute currently allows LIBs only for injuries to the skull that lead to incurable insanity or imbecility. If an injured employee sustains an injury to the brain which resulted in incurable insanity or imbecility, that person does not receive LIBs because the "skull" was not involved (e.g. electrocution); - sets dates certain by which the commission must develop and implement standards for the inclusion and removal of a doctor from the list of approved doctors who may treat injured employees, and approve the list of approved doctors. RULEMAKING AUTHORITY It is the committee's opinion that this bill does not expressly grant any additional rulemaking authority to a state officer, department, agency or institution. SECTION BY SECTION ANALYSIS SECTION 1. Amends Section 408.004(d), Texas Labor Code, to require that only the treating doctor, the treating doctor's designee, or a family member may accompany an injured employee to a required medical examination. SECTION 2. Amends Section 408.122(b), Texas Labor Code, to require that a designated doctor be of the same speciality as the employee's doctor. SECTION 3. Amends Section 408.161(a), Texas Labor Code, to require that LIBs be paid for an injury to the brain that results in incurable insanity or imbecility. SECTION 4. Amends Section 408.023, Texas Labor Code, by adding a new subsection (d) to require the commission by dates certain to (1) develop and publish standards for the inclusion and removal of doctors from the approved doctor list maintained by the commission, (2) accept applications from doctors seeking inclusion on the list of approved doctors, (3) notify those doctors denied inclusion on the list and provide for a reconsideration of an application, and (4) approve the list of approved doctors. SECTION 5. Sets effective dates for each Section of the bill as follows: SECTION 1: Effective September 1, 1997 SECTION 2: Effective September 1, 1997 SECTION 3: Effective September 1, 1997 for dates of injury occurring on or after the effective date SECTION 4: Effective September 1, 1997 SECTION 6. Suspends three-day rule. COMPARISON OF ORIGINAL TO SUBSTITUTE Section 1--corrects last sentence to read "The insurance carrier shall pay a fee set by the commission to the treating doctor or the treating doctor's designee (doctor selected by the employee). Section 5--changes the effective date in order to conform with the bill's sections. * Section 1--September 1, 1997. * Section 2--September 1, 1997. * Section 3--September 1, 1997 applies to those dates of injury occurring on or after that date. Prior dates injury are governed by current law. * Section 4--September 1, 1997.