By Janek H.B. No. 3197
A BILL TO BE ENTITLED
1-1 AN ACT
1-2 relating to utilization review of certain health care services
1-3 provided to a person who sustains a compensable injury.
1-4 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
1-5 SECTION 1. Section 14(c), Article 21.58A, Insurance Code, is
1-6 amended to read as follows:
1-7 (c) Except as otherwise provided by this subsection, this
1-8 [This] article applies [shall not apply] to utilization review of
1-9 health care services provided to persons eligible for workers'
1-10 compensation medical benefits [patients] under Title 5, Labor Code
1-11 [the authority of the Texas Workers' Compensation Act (Article
1-12 8308-1.01 et seq., Vernon's Texas Civil Statutes)]. The
1-13 commissioner shall regulate in the manner provided by this article
1-14 a person who performs review of a medical benefit provided under
1-15 Chapter 408, Labor Code. This subsection does not affect the
1-16 authority of the Texas Workers' Compensation Commission to exercise
1-17 the powers granted to that commission under Title 5, Labor Code.
1-18 In the event of a conflict between this article and Title 5, Labor
1-19 Code, Title 5, Labor Code, prevails. The commissioner and the
1-20 Texas Workers' Compensation Commission may adopt rules and enter
1-21 into memoranda of understanding as necessary to implement this
1-22 subsection.
1-23 SECTION 2. This Act takes effect September 1, 1997, and
1-24 applies only to a utilization review conducted on or after January
2-1 1, 1998. A utilization review conducted before January 1, 1998, is
2-2 subject to the law as it existed immediately before September 1,
2-3 1997, and that law is continued in effect for that purpose.
2-4 SECTION 3. The importance of this legislation and the
2-5 crowded condition of the calendars in both houses create an
2-6 emergency and an imperative public necessity that the
2-7 constitutional rule requiring bills to be read on three several
2-8 days in each house be suspended, and this rule is hereby suspended.