SRC-DPW H.B. 2513 76(R)   BILL ANALYSIS


Senate Research Center   H.B. 2513
By: Ritter (Armbrister)
Economic Development
5/13/1999
Engrossed


DIGEST 

Currently, injured workers who apply for supplemental income benefits are
referred by the Texas Workers' Compensation Commission to the Texas
Rehabilitation Commission (TRC) if the worker could benefit from vocational
rehabilitation services.  Because of TRC's limited resources, many injured
workers have reported that TRC was unable to assist them.  This bill would
set forth guidelines for the provision of vocational rehabilitation or
training services for certain injured workers. 

PURPOSE

As proposed, H.B. 2513 sets forth guidelines for the provision of
vocational rehabilitation or training services for injured workers. 

RULEMAKING AUTHORITY

Rulemaking authority is granted to the Texas Worker's Compensation
Commission in SECTIONS 2 and 3 (Sections 409.012(e) and 413.018(e), Labor
Code) of this bill. 

SECTION BY SECTION ANALYSIS

SECTION 1. Amends Section 408.150, Labor Code, to require the Texas
Workers' Compensation Commission (commission) to notify insurance carriers
of the need for vocational rehabilitation or training services and
authorize insurance carriers to provide such services through a private
provider under Section 409.012.  Provides that an employee who refuses
services provided under this section by the Texas Rehabilitation Commission
or a private provider loses entitlement to supplemental, rather than
supplementary, income benefits.   

SECTION 2. Amends Section 409.012, Labor Code, by adding Subsection (e), to
authorize the commission, by rule, to require that a private provider
maintain certain credentials and qualifications in order to provide
services in connection with a worker's compensation insurance claim.   

SECTION 3. Amends Section 413.018, Labor Code, by amending Subsection (a)
and adding Subsections (c) - (e), to require the commission to provide for
the periodic review of medical care provided in claims in which guidelines
for expected or average return to work time frames are exceeded, rather
than lost time or other appropriate guidelines.  Requires the commission to
implement a program to encourage employers and treating doctors to discuss
the availability of modified duty to encourage the safe and timely return
to work of injured employees and authorizes the commission to require
certain doctors, upon request, to provide a functional capacity evaluation
of an injured employee and to determine the injured employee's ability to
engage in certain activities.  Requires the commission to provide employers
information regarding effective return to work programs.  Provides that
this section does not require an employer to provide modified duty or an
employee to accept a modified duty assignment.  Subjects an employee who
does not accept a bona fide modified duty assignment job offer to Section
408.103(e).  Authorizes the commission to adopt rules and forms necessary
to implement this section. 

SECTION 4. (a) Effective date: September 1, 1999.
  
(b) Requires the commission to implement the program required by Section
413.018(c), Labor Code, as added by this Act, not later than January 1,
2000.  

SECTION 5. Emergency clause.