1-1 By: Duncan S.B. No. 836
1-2 (In the Senate - Filed February 27, 1997; March 4, 1997, read
1-3 first time and referred to Committee on Economic Development;
1-4 April 25, 1997, reported adversely, with favorable Committee
1-5 Substitute by the following vote: Yeas 7, Nays 1; April 25, 1997,
1-6 sent to printer.)
1-7 COMMITTEE SUBSTITUTE FOR S.B. No. 836 By: Duncan
1-8 A BILL TO BE ENTITLED
1-9 AN ACT
1-10 relating to medical examinations required for an employee who may
1-11 be entitled to workers' compensation benefits.
1-12 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
1-13 SECTION 1. Subsection (b), Section 408.004, Labor Code, is
1-14 amended to read as follows:
1-15 (b) The commission may require an employee to submit to a
1-16 medical examination at the request of the insurance carrier, but
1-17 only after the insurance carrier has attempted and failed to
1-18 receive the permission and concurrence of the employee for the
1-19 examination. Except as otherwise provided by this subsection, the
1-20 [The] insurance carrier is entitled to the examination only once in
1-21 a 180-day period. The commission may adopt rules that require an
1-22 employee to submit to more than one medical examination in a
1-23 180-day period under specified circumstances, including to
1-24 determine whether there has been a change in the employee's
1-25 condition, whether it is necessary to change the employee's
1-26 diagnosis, and whether treatment should be extended to another body
1-27 part or system. The rules shall also establish a system for
1-28 monitoring requests under this subsection. A subsequent
1-29 examination must be performed by the same doctor unless otherwise
1-30 approved by the commission.
1-31 SECTION 2. Section 408.004, Labor Code, is amended by adding
1-32 Subsection (g) to read as follows:
1-33 (g) An insurance carrier that unreasonably requests a
1-34 medical examination under Subsection (b) commits a violation. A
1-35 violation under this subsection is a Class B administrative
1-36 violation.
1-37 SECTION 3. This Act takes effect September 1, 1997, and
1-38 applies to dates of injury on or after that date. For dates of
1-39 injury prior to the effective date of this Act, the former law is
1-40 continued in effect.
1-41 SECTION 4. The importance of this legislation and the
1-42 crowded condition of the calendars in both houses create an
1-43 emergency and an imperative public necessity that the
1-44 constitutional rule requiring bills to be read on three several
1-45 days in each house be suspended, and this rule is hereby suspended,
1-46 and that this Act take effect and be in force from and after its
1-47 passage, and it is so enacted.
1-48 * * * * *