HBA-DMD H.B. 2506 76(R)    BILL ANALYSIS


Office of House Bill AnalysisH.B. 2506
By: Solomons
Business & Industry
3/11/1999
Introduced



BACKGROUND AND PURPOSE 

Under current law, the Texas Workers' Compensation Commission promulgates a
fee schedule for reimbursement of services provided to an injured worker.
Employers and carriers that provide workers' compensation coverage cannot
negotiate a more favorable rate for providing ancillary services that are
necessarily provided by a treating doctor, such as physical therapy,
x-rays, and other diagnostic tests.   

H.B. 2506 requires an employee to receive all medical services ancillary to
this Act at the direction of the employer or employer's designee.
Additionally, the bill specifies services ancillary to medical treatment
under this Act.  

RULEMAKING AUTHORITY

It is the opinion of the Office of House Bill Analysis that this bill
expressly delegates rulemaking authority to the Texas Workers' Compensation
Commission in SECTION 1 (Section 408.029, Labor Code) of this bill. 

SECTION BY SECTION ANALYSIS

SECTION 1.  Amends Chapter 408, Subchapter B, Labor Code, by adding Section
408.029, as follows: 

Sec. 408.029.  ANCILLARY SERVICES.  (a) Requires an employee to receive all
medical services ancillary to the medical treatment provided under this Act
at the direction of the employer or the employer's designee.   

(b) Requires services ancillary to the medical treatment provided under
this Act to include all physical and occupational therapy, work hardening
and conditioning, pain management, biofeedback, psychological referrals,
functional capacities evaluations, diagnostics in excess of the fee
permitted under medical fee guidelines established by the commission,
physician referrals, home health services, durable medical equipment, and
other services that the Texas Workers' Compensation Commission is
authorized to recognize in rules promulgated consistent with this Act. 

SECTION 2.Effective date: September 1, 1999.
Makes this Act prospective to a compensable injury that occurs on or after
the effective date. 

SECTION 3.Emergency clause.