SRC-JFA C.S.S.B. 836 75(R)BILL ANALYSIS


Senate Research CenterC.S.S.B. 836
By: Ellis
Economic Development
4-23-97
Committee Report (Substituted)


DIGEST 

Currently, under workers' compensation law, an employee with a compensable
injury can be required to submit to a medical examination only once in a
180-day period.  These examinations can be requested by the insurance
carrier or required by the Texas Workers' Compensation Commission
(commission) to address questions of the reasonableness and necessity of
treatment, and the employee's level of impairment and degree of medical
improvement.  Additional medical examinations may be needed when the
employee's diagnosis is changed or if there is a significant change in the
employee's condition.  This bill would allow the commission to define, by
rule, the circumstances that would merit more than one medical examination
in a 180-day period.   

PURPOSE

As proposed, C.S.S.B. 836 authorizes the Texas Workers' Compensation
Commission to adopt rules to require an employee covered under the Texas
Workers' Compensation Act to submit to more than one medical examination
in a 180-day period under specified circumstances.  

RULEMAKING AUTHORITY

Rulemaking authority is granted to the Texas Workers' Compensation
Commission in 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 an examination of the employee only once in 180-day period.
Authorizes the Texas Workers' Compensation Commission to adopt rules that
require an employee to submit to more than one medical examination in a
180-day period under specified circumstances, including to determine
whether there has been a change in the employee's condition, whether it is
necessary to change the employee's diagnosis, and whether treatment should
be extended to another body part or system.  Requires the rules to
establish a system for monitoring requests under this subsection.   

SECTION 2. Amends Section 408.004, Labor Code, by adding a 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.  

SUMMARY OF COMMITTEE CHANGES

SECTION 1.

Amends Section 408.004(b), Labor Code, by requiring the rules to establish
a system for monitoring requests under Subsection (b).   
 
SECTION 2. 

Amends Section 408.004, Labor Code, to add Subsection (g).  

SECTION 3.

Adds an effective date of September 1, 1997, and makes application of this
Act prospective. 

SECTION 4. 

Previously designated as SECTION 2, sets forth the emergency clause and an
effective date.