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.

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