By Jones of Dallas H.B. No. 1003
75R4592 PB-F
A BILL TO BE ENTITLED
1-1 AN ACT
1-2 relating to the provision by health maintenance organizations and
1-3 certain other managed care entities of health care services for a
1-4 compensable injury; providing an administrative penalty.
1-5 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
1-6 SECTION 1. Subchapter B, Chapter 408, Labor Code, is amended
1-7 by adding Section 408.029 to read as follows:
1-8 Sec. 408.029. HEALTH CARE PROVIDED THROUGH MANAGED CARE
1-9 ENTITY. (a) An employee who sustains a compensable injury and who
1-10 receives health care for that injury through a health maintenance
1-11 organization or another managed care entity in which a doctor is
1-12 compensated on a capitated basis is entitled to receive the care
1-13 from a physician or other approved doctor. If the health
1-14 maintenance organization or other managed care entity provides the
1-15 health care through the services of a physician assistant,
1-16 registered nurse, licensed vocational nurse, or other health care
1-17 practitioner who is not a doctor, the health maintenance
1-18 organization or entity must notify the injured employee in writing
1-19 that the employee is entitled to have health care provided by a
1-20 doctor. If the employee elects to have health care provided by a
1-21 doctor, the health maintenance organization or entity may not
1-22 release the employee from treatment for the compensable injury
1-23 until the employee has been examined by a doctor.
1-24 (b) A health maintenance organization or other managed care
2-1 entity that violates Subsection (a) commits a Class A
2-2 administrative violation punishable as provided by Chapter 415.
2-3 (c) In this section, "health maintenance organization" has
2-4 the meaning assigned by the Texas Health Maintenance Organization
2-5 Act (Chapter 20A, Vernon's Texas Insurance Code).
2-6 SECTION 2. This Act takes effect September 1, 1997, and
2-7 applies only to the treatment of an injury that is compensable for
2-8 the purpose of workers' compensation benefits and that occurs on or
2-9 after that date. Treatment for a compensable injury that occurs
2-10 before that date is governed by the law in effect on the date the
2-11 compensable injury occurred, and the former law is continued in
2-12 effect for that purpose.
2-13 SECTION 3. The importance of this legislation and the
2-14 crowded condition of the calendars in both houses create an
2-15 emergency and an imperative public necessity that the
2-16 constitutional rule requiring bills to be read on three several
2-17 days in each house be suspended, and this rule is hereby suspended.