HBA-MPA, ATS C.S.H.B. 2509 76(R)BILL ANALYSIS Office of House Bill AnalysisC.S.H.B. 2509 By: Dukes Business & Industry 3/26/1999 Committee Report (Substituted) BACKGROUND AND PURPOSE Under current law, state employees are permitted to take annual leave while receiving workers' compensation benefits (benefits). Employees who are injured on the job may receive combined annual leave pay and benefits up to 175 percent of that person's regular salary, with 100 percent coming from regular salary and the remaining 70-75 percent from benefits. The State Office of Risk Management (office) provides the state with self-insurance for workers' compensation purposes. Currently, there is a discrepancy between Chapter 2251 (Payment for Goods and Services), Government Code, which requires all state agencies to pay for services within 30 days of receiving an invoice, and Section 408.027 (Payment of Health Care Provider), Labor Code, which requires payment to a health care provider for the medical care of an injured worker not later than 45 days after a receipt of a charge. Also, under current law, the office is required to provide the legislature every other year with a list of all state employees who have received benefits. C.S.H.B. 2509 authorizes an employee to elect to use accrued annual leave time after exhausting accrued sick leave but does not entitle an employee so electing to benefits until sick or annual leave time has been exhausted. The bill also exempts medical and income benefit payments from the requirement that a state agency pay for services within 30 days after receiving the invoice. Additionally, the bill requires the director of the office to maintain and make available upon request to the legislature, all the names of state employees who have received benefits. This bill also removes the requirement that the office maintain an allocation program for financing state workers' compensation benefit. RULEMAKING AUTHORITY It is the opinion of the Office of House Bill Analysis that this bill does not expressly delegate any additional rulemaking authority to a state officer, department, agency, or institution. SECTION BY SECTION ANALYSIS SECTION 1. Amends Section 412.042, Labor Code, to require the director of the State Office of Risk Management (office) to maintain and make available to the legislature on request a list of all persons who have received benefits under Chapter 501 (Workers' Compensation Insurance Coverage for State Employees, Including Employees Under the Direction or Control of the Board of Regents of Texas Tech University) the nature and cause of each compensable injury, and the amounts paid weekly in income benefits and for medical, hospital, and other services. Makes conforming and nonsubstantive changes. SECTION 2. Amends Section 501.044, Labor Code, as follows: Sec. 501.044. New Title: EFFECT OF SICK LEAVE; ANNUAL LEAVE. Authorizes an employee to elect to use all or any number of weeks of the employee's accrued annual leave time after exhausting the accrued sick leave time. Provides that an employee is not entitled to income benefits under Chapter 501 (Workers' Compensation Insurance Coverage for State Employees, Including Employees Under the Direction or Control of the Board of Regents of Texas Tech University), if the employee elects to use annual leave, until the elected number of weeks of leave have been exhausted. SECTION 3. Amends Subtitle A, Chapter 501, Subchapter C, Labor Code, by adding Section 501.051, as follows: Sec. 501.051. PAYMENT OF MEDICAL AND INDEMNITY BENEFITS. Subjects medical and income benefit payments (payments) made by the office to this subtitle (Workers' Compensation Insurance Coverage For Certain Government Employees) and exempts payments from the provisions of the Chapter 2251 (Payment For Goods and Services),Government Code. SECTION 4. Amends Section 412.012(c), Labor Code, by deleting provisions setting forth the procedures for maintaining an allocation program for financing of state workers' compensation benefits. SECTION 5. (a) Effective date: September 1, 1999. (b) Makes application of Section 501.044, Labor Code, as amended by this Act, prospective. (c) Makes application of Section 501.051, Labor Code, as added by this Act, prospective. SECTION 6. Emergency clause. COMPARISON OF ORIGINAL TO SUBSTITUTE C.S.H.B. 2509 differs from the original by redesignating SECTION 3 of the original as SECTION 1, and making nonsubstantive changes. C.S.H.B. 2509 differs from the original by redesignating SECTION 1 of the original as SECTION 2, and making nonsubstantive changes. C.S.H.B. 2509 differs from the original by redesignating SECTION 2 of the original as SECTION 3, and changing the proposed section number from 501.048 to 501.051. Makes nonsubstantive changes. C.S.H.B. 2509 differs from the original in SECTION 4 by amending Section 412.012(c), Labor Code, to deleting provisions setting forth the procedures for maintaining an allocation program for financing of state workers' compensation benefits. C.S.H.B. 2509 differs from the original by redesignating SECTION 4 as SECTION 5 and by adding new Subsections (b) and (c) to making application of Sections 501.044, as amended by this Act, and 501.051, Labor Code, as added by this Act, prospective C.S.H.B. 2509 differs from the original in SECTION 6 by redesignating the emergency clause from SECTION 5 of the original.