By Brimer H.B. No. 3161
A BILL TO BE ENTITLED
1-1 AN ACT
1-2 relating to medical examinations required for an employee who may
1-3 be entitled to workers' compensation benefits; providing an
1-4 administrative penalty.
1-5 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
1-6 SECTION 1. Section 408.004(b), Labor Code, is amended to
1-7 read as follows:
1-8 (b) The commission may require an employee to submit to a
1-9 medical examination at the request of the insurance carrier, but
1-10 only after the insurance carrier has attempted and failed to
1-11 receive the permission and concurrence of the employee for the
1-12 examination. Except as otherwise provided by this subsection, the
1-13 [The] insurance carrier is entitled to the examination only once in
1-14 a 180-day period. The commission may adopt rules that require an
1-15 employee to submit to not more than three medical examinations in a
1-16 180-day period under specified circumstances, including to
1-17 determine whether there has been a change in the employee's
1-18 condition, whether it is necessary to change the employee's
1-19 diagnosis, and whether treatment should be extended to another body
1-20 part or system. The commission by rule shall adopt a system for
1-21 monitoring requests made under this subsection by insurance
1-22 carriers. That system must ensure that good cause exists for any
1-23 additional medical examination allowed under this subsection that
1-24 is not requested by the employee. A subsequent examination must be
2-1 performed by the same doctor unless otherwise approved by the
2-2 commission.
2-3 SECTION 2. Section 408.004, Labor Code, is amended by adding
2-4 Subsection (g) to read as follows:
2-5 (g) An insurance carrier who unreasonably requests a medical
2-6 examination under Subsection (b) commits a violation. A violation
2-7 under this subsection is a Class B administrative violation.
2-8 SECTION 3. This Act takes effect on September 1, 1997, and
2-9 applies to dates of injury on or after that date. For dates of
2-10 injury prior to the effective date of this Act, the former law is
2-11 continued in effect.
2-12 SECTION 4. The importance of this legislation and the
2-13 crowded condition of the calendars in both houses create an
2-14 emergency and an imperative public necessity that the
2-15 constitutional rule requiring bills to be read on three several
2-16 days in each house be suspended, and this rule is hereby suspended,
2-17 and that this Act take effect and be in force from and after its
2-18 passage, and it is so enacted.