1-1 By: Janek (Senate Sponsor - Moncrief) H.B. No. 3197
1-2 (In the Senate - Received from the House April 21, 1997;
1-3 April 23, 1997, read first time and referred to Committee on
1-4 Economic Development; May 16, 1997, reported favorably by the
1-5 following 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 utilization review of certain health care services
1-9 provided to a person who sustains a compensable injury.
1-10 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
1-11 SECTION 1. Section 14(c), Article 21.58A, Insurance Code, is
1-12 amended to read as follows:
1-13 (c) Except as otherwise provided by this subsection, this
1-14 [This] article applies [shall not apply] to utilization review of
1-15 health care services provided to persons eligible for workers'
1-16 compensation medical benefits [patients] under Title 5, Labor Code
1-17 [the authority of the Texas Workers' Compensation Act (Article
1-18 8308-1.01 et seq., Vernon's Texas Civil Statutes)]. The
1-19 commissioner shall regulate in the manner provided by this article
1-20 a person who performs review of a medical benefit provided under
1-21 Chapter 408, Labor Code. This subsection does not affect the
1-22 authority of the Texas Workers' Compensation Commission to exercise
1-23 the powers granted to that commission under Title 5, Labor Code.
1-24 In the event of a conflict between this article and Title 5, Labor
1-25 Code, Title 5, Labor Code, prevails. The commissioner and the
1-26 Texas Workers' Compensation Commission may adopt rules and enter
1-27 into memoranda of understanding as necessary to implement this
1-28 subsection.
1-29 SECTION 2. This Act takes effect September 1, 1997, and
1-30 applies only to a utilization review conducted on or after January
1-31 1, 1998. A utilization review conducted before January 1, 1998, is
1-32 subject to the law as it existed immediately before September 1,
1-33 1997, and that law is continued in effect for that purpose.
1-34 SECTION 3. The importance of this legislation and the
1-35 crowded condition of the calendars in both houses create an
1-36 emergency and an imperative public necessity that the
1-37 constitutional rule requiring bills to be read on three several
1-38 days in each house be suspended, and this rule is hereby suspended.
1-39 * * * * *