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.