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.

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