By Ritter H.B. No. 2513
Line and page numbers may not match official copy.
Bill not drafted by TLC or Senate E&E.
A BILL TO BE ENTITLED
1-1 AN ACT
1-2 relating to workers' compensation return-to-work programs and
1-3 required medical reports.
1-4 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
1-5 SECTION 1. Amend Section 409.012, Labor Code, by adding a
1-6 new subsection (e) to read as follows:
1-7 (e) The commission may require that private providers of
1-8 rehabilitation services maintain certain credentials and
1-9 qualifications in order to participate in workers' compensation
1-10 insurance claims. The commission may adopt rules to implement this
1-11 section.
1-12 SECTION 2. Amend Section 408.150, Labor Code, to read as
1-13 follows:
1-14 Sec. 408.150. Vocational Rehabilitation. (a) The
1-15 commission shall refer an employee to the Texas Rehabilitation
1-16 Commission with a recommendation for appropriate services if the
1-17 commission determines that an employee entitled to supplemental
1-18 income benefits could be materially assisted by vocational
1-19 rehabilitation or training in returning to employment or employment
1-20 nearly approximating the employee's pre-injury employment. The
1-21 commission shall also notify the carrier of the need for vocational
2-1 rehabilitation or training services in the event that the carrier
2-2 chooses to provide services through a private provider of
2-3 vocational rehabilitation services under Section 409.012 of this
2-4 title.
2-5 (b) An employee who refuses services or refuses to cooperate
2-6 with services provided by the Texas Rehabilitation Commission or a
2-7 private provider under this section loses entitlement to
2-8 supplemental [supplementary] income benefits.
2-9 SECTION 3. Amend Section 413.018, Labor Code, to read as
2-10 follows:
2-11 Sec. 413.018. Review of Medical Care if Guidelines Exceeded.
2-12 (a) The commission by rule shall provide for the periodic review
2-13 of medical care provided in claims in which [lost-time] guidelines
2-14 for expected or average return to work time frames [or other
2-15 appropriate guidelines] are exceeded.
2-16 (b) The division shall review the medical treatment provided
2-17 in a claim that exceeds the guidelines and may take appropriate
2-18 action to ensure that necessary and reasonable care is provided.
2-19 (c) The commission shall, by January 1, 2000, implement a
2-20 program to encourage employers and treating doctors to discuss the
2-21 availability of modified duty to encourage safe and more timely
2-22 return-to-work for injured employees. The commission may require a
2-23 treating or examining doctor to perform an evaluation and report on
2-24 the injured employee's functional capacity upon the request of the
2-25 employer, insurance carrier, or the commission. For purposes of
3-1 this section, a "functional capacity evaluation" is an examination
3-2 to determine the ability of the worker to engage in physical
3-3 activities found in the workplace or activities required in a
3-4 modified duty setting.
3-5 (d) The commission, through its health and safety
3-6 information and medical review outreach programs, shall provide
3-7 information to employers regarding effective return-to-work
3-8 programs. Nothing in this section requires an employer to provide
3-9 modified duty or for the employee to accept a modified duty
3-10 assignment; however, an employee may lose eligibility for income
3-11 benefits if the commission determines that the employer made a
3-12 bona-fide job offer under Section 408.103(e) and that offer was not
3-13 accepted by the employee.
3-14 (e) The commission may adopt rules and reporting forms to
3-15 implement this section.
3-16 SECTION 4. This Act takes effect September 1, 1999.
3-17 SECTION 5. The importance of this legislation and the
3-18 crowded condition of the calendars in both houses create an
3-19 emergency and an imperative public necessity that the
3-20 constitutional rule requiring bills to be read on three several
3-21 days in each house be suspended, and this rule is hereby suspended.