SRC-DBM H.B. 1778 76(R)   BILL ANALYSIS


Senate Research Center   H.B. 1778
By: Giddings (Armbrister)
Economic Development
5/9/1999
Engrossed


DIGEST 

Currently, the Texas Workers' Compensation Commission (commission)
contracts for medical consultant services to help determine the
appropriateness of medical care given to an injured employee when the
commission lacks medical expertise.  Relying on these entities is expensive
and may lengthen the medical review process in a dispute.  The commission
develops and administers programs to contain or reduce medical and legal
costs and to ensure overall system efficiency.  H.B. 1778 would set forth
provisions for the medical review of health care provided under the
workers' compensation insurance system. 


PURPOSE

As proposed, H.B. 1778 sets forth provisions for the medical review of
health care provided under the worker's compensation insurance system. 

RULEMAKING AUTHORITY

This bill does not grant any additional rulemaking authority to a state
officer, institution, or agency. 

SECTION BY SECTION ANALYSIS

SECTION 1.  Amends Section 413.051, Labor Code, to authorize the Texas
Workers' Compensation Commission (commission) to contract with a health
care provider professional review organization, health care provider, or
other entity.  Authorizes the commission, for purposes of review and
resolution of a dispute as to compliance with the medical policies or fee
guidelines, to contract with, rather only with, a health care provider
professional review organization, health care provider, or other entity.
Authorizes the commission to contract with a health care provider
professional review organization, health care provider, or other entity for
certain medical consultant services.  Requires the commission to establish
standards for contracts under this section. 

SECTION 2.  Amends Chapter 413E, by adding Section 413.0515, as follows:

Sec. 413.0515.  MEDICAL ADVISOR.  Sets forth the certain tasks a medical
advisor will provide to the commission once employed as required.
Authorizes a medical advisor to establish a panel of health care providers
to assist the medical advisor.  Provides that a person, including an
entity, that performs or assists in the performance of a function for the
division of medical review of the commission (division) has the same
immunity from liability as a member of the commission under Section
402.010.  Provides that the person's actions do not constitute utilization
review and are not subject to Article 21.58A, Insurance Code.  Requires a
medical advisor to be a doctor as that term is defined by Section 401.011. 

SECTION 3.Effective date: September 1, 1999.

SECTION 4.Emergency clause.