1-1 By: Brimer (Senate Sponsor - Duncan) H.B. No. 3161
1-2 (In the Senate - Received from the House May 5, 1997;
1-3 May 6, 1997, read first time and referred to Committee on Economic
1-4 Development; May 16, 1997, reported favorably by the following
1-5 vote: Yeas 8, Nays 0; May 16, 1997, sent to printer.)
1-6 A BILL TO BE ENTITLED
1-7 AN ACT
1-8 relating to medical examinations required for an employee who may
1-9 be entitled to workers' compensation benefits; providing an
1-10 administrative penalty.
1-11 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
1-12 SECTION 1. Section 408.004(b), Labor Code, is amended to
1-13 read as follows:
1-14 (b) The commission may require an employee to submit to a
1-15 medical examination at the request of the insurance carrier, but
1-16 only after the insurance carrier has attempted and failed to
1-17 receive the permission and concurrence of the employee for the
1-18 examination. Except as otherwise provided by this subsection, the
1-19 [The] insurance carrier is entitled to the examination only once in
1-20 a 180-day period. The commission may adopt rules that require an
1-21 employee to submit to not more than three medical examinations in a
1-22 180-day period under specified circumstances, including to
1-23 determine whether there has been a change in the employee's
1-24 condition, whether it is necessary to change the employee's
1-25 diagnosis, and whether treatment should be extended to another body
1-26 part or system. The commission by rule shall adopt a system for
1-27 monitoring requests made under this subsection by insurance
1-28 carriers. That system must ensure that good cause exists for any
1-29 additional medical examination allowed under this subsection that
1-30 is not requested by the employee. A subsequent examination must be
1-31 performed by the same doctor unless otherwise approved by the
1-32 commission.
1-33 SECTION 2. Section 408.004, Labor Code, is amended by adding
1-34 Subsection (g) to read as follows:
1-35 (g) An insurance carrier who unreasonably requests a medical
1-36 examination under Subsection (b) commits a violation. A violation
1-37 under this subsection is a Class B administrative violation.
1-38 SECTION 3. This Act takes effect on September 1, 1997, and
1-39 applies to dates of injury on or after that date. For dates of
1-40 injury prior to the effective date of this Act, the former law is
1-41 continued in effect.
1-42 SECTION 4. The importance of this legislation and the
1-43 crowded condition of the calendars in both houses create an
1-44 emergency and an imperative public necessity that the
1-45 constitutional rule requiring bills to be read on three several
1-46 days in each house be suspended, and this rule is hereby suspended,
1-47 and that this Act take effect and be in force from and after its
1-48 passage, and it is so enacted.
1-49 * * * * *