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.