By Janek, Brimer H.B. No. 3196
Substitute the following for H.B. No. 3196:
By Corte C.S.H.B. No. 3196
A BILL TO BE ENTITLED
1-1 AN ACT
1-2 relating to workers' compensation medical benefits, impairment
1-3 income benefits, and lifetime income benefits.
1-4 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
1-5 SECTION 1. Section 408.004(d), Labor Code, is amended to
1-6 read as follows:
1-7 (d) An injured employee is entitled to have the employee's
1-8 treating [a] doctor, a doctor designated by the treating doctor, or
1-9 a family member selected by the employee [of the employee's choice]
1-10 present at an examination required by the commission at the request
1-11 of an insurance carrier. The insurance carrier shall pay a fee set
1-12 by the commission to the treating doctor or the treating doctor's
1-13 designee [the doctor selected by the employee].
1-14 SECTION 2. Section 408.122(b), Labor Code, is amended to
1-15 read as follows:
1-16 (b) To be eligible to serve as a designated doctor, a doctor
1-17 must meet specific qualifications, including training in the
1-18 determination of impairment ratings. The executive director shall
1-19 develop qualification standards and administrative policies to
1-20 implement this subsection, and the commission may adopt rules as
1-21 necessary. To the extent possible, a designated doctor must be of
1-22 the same specialty [in the same discipline] and licensed by the
1-23 same board of examiners as the employee's doctor of choice.
1-24 SECTION 3. Section 408.161(a), Labor Code, is amended to
2-1 read as follows:
2-2 (a) Lifetime income benefits are paid until the death of the
2-3 employee for:
2-4 (1) total and permanent loss of sight in both eyes;
2-5 (2) loss of both feet at or above the ankle;
2-6 (3) loss of both hands at or above the wrist;
2-7 (4) loss of one foot at or above the ankle and the
2-8 loss of one hand at or above the wrist;
2-9 (5) an injury to the spine that results in permanent
2-10 and complete paralysis of both arms, both legs, or one arm and one
2-11 leg; or
2-12 (6) an injury to the brain [skull] resulting in
2-13 incurable insanity or imbecility.
2-14 SECTION 4. Section 408.023, Labor Code, is amended by adding
2-15 a new subsection (d) to read:
2-16 (d) The commission shall develop standards for the inclusion
2-17 and removal of doctors on the list of approved doctors as described
2-18 in this section by December 31, 1997. The commission shall publish
2-19 the standards by January 31, 1998. The commission shall accept
2-20 applications from doctors seeking inclusion on the list of approved
2-21 doctors from March 1, 1998 to July 1, 1998. The commission shall
2-22 notify each doctor who submits an application but is denied
2-23 inclusion on the list of approved doctors by October 1, 1998.
2-24 Doctors denied inclusion on the list may submit a request to the
2-25 commission for a reconsideration of their request within three
2-26 weeks of notification by the commission. The list of approved
2-27 doctors shall be approved by the commission not later than December
3-1 31, 1998.
3-2 SECTION 5. The effective dates of this Act are the
3-3 following:
3-4 a) The effective date of SECTION 1 of this Act is
3-5 September 1, 1997.
3-6 b) The effective date of SECTION 2 of this Act is
3-7 September 1, 1997.
3-8 c) The effective date of SECTION 3 of this Act is
3-9 September 1, 1997, and applies to those dates of injury occurring
3-10 on or after that date. The current law is continued in effect for
3-11 dates of injury prior to September 1, 1997.
3-12 d) The effective date of SECTION 4 of this Act is
3-13 September 1, 1997.
3-14 SECTION 6. The importance of this legislation and the
3-15 crowded condition of the calendars in both houses create an
3-16 emergency and an imperative public necessity that the
3-17 constitutional rule requiring bills to be read on three several
3-18 days in each house be suspended, and this rule is hereby suspended,
3-19 and that this Act take effect and be in force from and after its
3-20 passage, and it is so enacted.