Bill not drafted by TLC or Senate E&E.
Line and page numbers may not match official copy.
By Counts H.B. No. 3201
A BILL TO BE ENTITLED
1-1 AN ACT
1-2 relating to the regulation of certain expenses and fees incurred in
1-3 conjunction with the operation of the workers' compensation system.
1-4 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
1-5 SECTION 1. Section 402.042, Labor Code, is amended by adding
1-6 Subsection (d) to read as follows:
1-7 (d) If the executive director waives a requirement that an
1-8 entity transmit information to the commission electronically, the
1-9 commission shall prescribe a fee to be paid by the entity to cover
1-10 the cost incurred to enter the information manually.
1-11 SECTION 2. Section 402.073, Labor Code, is amended by adding
1-12 Subsections (d) and (e) to read as follows:
1-13 (d) The commission shall require payment by the following
1-14 parties of the fee imposed by State Office of Administrative
1-15 Hearings:
1-16 (1) the party who requested an administrative hearing,
1-17 if the proceeding is settled before the hearing is conducted;
1-18 (2) the party who does not prevail at the
1-19 administrative hearing; or
1-20 (3) both parties equally, if neither party prevails
1-21 over the other party at the administrative hearing.
1-22 (e) Notwithstanding Subsection (d), if the party is the
1-23 injured worker, the commission shall pay the fee imposed by the
1-24 State Office of Administrative Hearings.
2-1 SECTION 3. Section 407.082(d), Labor Code, is amended to
2-2 read as follows:
2-3 (d) The examination may be conducted at any location,
2-4 including the commission's Austin office, or, at the certified
2-5 self-insurer's option, in the offices of the certified
2-6 self-insurer. The certified self-insurer shall pay the reasonable
2-7 expenses, including travel expenses, of an inspector who conducts
2-8 an inspection [at its offices].
2-9 SECTION 4. Section 411.064, Labor Code, is amended to read
2-10 as follows:
2-11 Sec. 411.064. INSPECTIONS. (a) The division shall conduct
2-12 an inspection at least every two years to determine the adequacy of
2-13 the accident prevention services required by Section 411.061 for
2-14 each insurance company writing workers' compensation insurance in
2-15 this state.
2-16 (b) The commission shall require the insurance company to
2-17 reimburse the commission for the reasonable costs incurred in
2-18 inspecting the company's accident prevention services under this
2-19 section.
2-20 SECTION 5. Section 413.031(c), Labor Code, is amended to
2-21 read as follows:
2-22 (c) A review of a medical service under this section shall
2-23 be provided by a health care provider professional review
2-24 organization if requested by the health care practitioner or if
2-25 ordered by the commission. A part, other than an injured worker,
2-26 who does not prevail at a medical dispute resolution review shall
2-27 pay the reasonable administrative costs incurred by the commission
2-28 in conducting the review. The commission shall not require
2-29 reimbursement for the costs of a review in which an injured worker
2-30 does not prevail in the review.
3-1 SECTION 6. Section 414.004(c), Labor Code, is amended to
3-2 read as follows:
3-3 (c) The insurance carrier, an agent of the carrier, and any
3-4 person or entity with whom the carrier has contracted to provide,
3-5 review, or monitor services, [other than a governmental entity,]
3-6 shall pay the reasonable expenses, including travel expenses, of an
3-7 auditor who audits the workers' compensation records [at the
3-8 office] of the insurance carrier.
3-9 SECTION 7. This Act takes effect September 1, 1997, and
3-10 applies only to a claim for workers' compensation benefits filed on
3-11 or after that date. A claim for benefits filed before the
3-12 effective date of this Act is governed by the law in effect on the
3-13 date the claim was filed, and the former law is continued in effect
3-14 for that purpose.
3-15 SECTION 8. The importance of this legislation and the
3-16 crowded condition of the calendars in both houses create an
3-17 emergency and an imperative public necessity that the
3-18 constitutional rule requiring bills to be read on three several
3-19 days in each house be suspended, and this rule is hereby suspended,
3-20 and that this Act take effect and be in force from and after its
3-21 passage, and it is so enacted.