Bill not drafted by TLC or Senate E&E.
Line and page numbers may not match official copy.
By Janek 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 doctor selected by the employee.
1-13 SECTION 2. Section 408.122(b), Labor Code, is amended to
1-14 read as follows:
1-15 (b) To be eligible to serve as a designated doctor, a doctor
1-16 must meet specific qualifications, including training in the
1-17 determination of impairment ratings. The executive director shall
1-18 develop qualification standards and administrative policies to
1-19 implement this subsection, and the commission may adopt rules as
1-20 necessary. To the extent possible, a designated doctor must be of
1-21 the same specialty [in the same discipline] and licensed by the
1-22 same board of examiners as the employee's doctor of choice.
1-23 SECTION 3. Section 408.161(a), Labor Code, is amended to
1-24 read as follows:
2-1 (a) Lifetime income benefits are paid until the death of the
2-2 employee for:
2-3 (1) total and permanent loss of sight in both eyes;
2-4 (2) loss of both feet at or above the ankle;
2-5 (3) loss of both hands at or above the wrist;
2-6 (4) loss of one foot at or above the ankle and the
2-7 loss of one hand at or above the wrist;
2-8 (5) an injury to the spine that results in permanent
2-9 and complete paralysis of both arms, both legs, or one arm and one
2-10 leg; or
2-11 (6) an injury to the brain [skull] resulting in
2-12 incurable insanity or imbecility.
2-13 SECTION 4. Section 408.023, Labor Code, is amended by adding
2-14 a new subsection (d) to read:
2-15 (d) The commission shall develop standards for the inclusion
2-16 and removal of doctors on the list of approved doctors as described
2-17 in this section by December 31, 1997. The commission shall publish
2-18 the standards by January 31, 1998. The commission shall accept
2-19 applications from doctors seeking inclusion on the list of approved
2-20 doctors from March 1, 1998 to July 1, 1998. The commission shall
2-21 notify each doctor who submits an application but is denied
2-22 inclusion on the list of approved doctors by October 1, 1998.
2-23 Doctors denied inclusion on the list may submit a request to the
2-24 commission for a reconsideration of their request within three
2-25 weeks of notification by the commission. The list of approved
2-26 doctors shall be approved by the commission not later than December
2-27 31, 1998.
2-28 SECTION 5. This Act takes effect September 1, 1997, and
2-29 applies only to a workers' compensation claim that is filed with
2-30 the Texas Workers' Compensation Commission on or after that date.
3-1 A claim filed before that date is governed by the law in effect on
3-2 the date that the claim was filed, and the former law is continued
3-3 in effect for that purpose.
3-4 SECTION 6. The importance of this legislation and the
3-5 crowded condition of the calendars in both houses create an
3-6 emergency and an imperative public necessity that the
3-7 constitutional rule requiring bills to be read on three several
3-8 days in each house be suspended, and this rule is hereby suspended,
3-9 and that this Act take effect and be in force from and after its
3-10 passage, and it is so enacted.