By Brimer H.B. No. 3161
Substitute the following for H.B. No. 3161:
By Woolley C.S.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.
1-4 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
1-5 SECTION 1. Section 408.004(b), Labor Code, is amended to
1-6 read as follows:
1-7 (b) The commission may require an employee to submit to a
1-8 medical examination at the request of the insurance carrier, but
1-9 only after the insurance carrier has attempted and failed to
1-10 receive the permission and concurrence of the employee for the
1-11 examination. Except as otherwise provided by this subsection, the
1-12 [The] insurance carrier is entitled to the examination only once in
1-13 a 180-day period. The commission may adopt rules that require an
1-14 employee to submit to more than one medical examination in a
1-15 180-day period under specified circumstances, including to
1-16 determine whether there has been a change in the employee's
1-17 condition, whether it is necessary to change the employee's
1-18 diagnosis, and whether treatment should be extended to another body
1-19 part or system. A subsequent examination must be performed by the
1-20 same doctor unless otherwise approved by the commission.
1-21 SECTION 2. Section 408.004, Labor Code, is amended to add a
1-22 new subsection (g) to read as follows:
1-23 (g) An insurance carrier who unreasonably requests a medical
1-24 examination under subsection (b) commits a violation. A violation
2-1 under this subsection is a Class B administrative violation.
2-2 SECTION 3. This Act takes effect on September 1, 1997, and
2-3 applies to dates of injury on or after that date. For dates of
2-4 injury prior to the effective date of this Act, the former law is
2-5 continued in effect.
2-6 SECTION 4. The importance of this legislation and the
2-7 crowded condition of the calendars in both houses create an
2-8 emergency and an imperative public necessity that the
2-9 constitutional rule requiring bills to be read on three several
2-10 days in each house be suspended, and this rule is hereby suspended,
2-11 and that this Act take effect and be in force from and after its
2-12 passage, and it is so enacted.