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.