SRC-CTC H.B. 2600 77(R)   BILL ANALYSIS


Senate Research Center   H.B. 2600
By: Brimer (Duncan)
Business & Commerce
5/5/2001
Engrossed


DIGEST AND PURPOSE 

Currently, the Texas Workers' Compensation Commission (commission) requires
an employee who sustains a compensable injury to receive medical treatment
from a doctor chosen from a list of doctors approved by the commission.
Currently, each doctor licensed in Texas on January 1, 1993, is on the
list, unless subsequently deleted for any conduct the commission considers
relevant.  A study by the Research and Oversight Council on Workers'
Compensation (council) showed that medical costs for workers' compensation
services in Texas exceeds the costs of other states in the study, but that
the additional expenditures did not result in better return-to-work
outcomes or an increase in workers' satisfaction with their medical
services. The council found that over one-third of workers had not returned
to work more than two years after their injury, and that many health care
providers were frustrated with the workers' compensation system as well.   

H.B. 2600 expands regulation, training and monitoring for doctors and
insurance carriers in the workers' compensation system, allows for the
creation of health care delivery networks in the workers' compensation
system, expands notification requirements about return-to-work issues, 
changes medical regulation and medical dispute resolution processes,
provides new benefits for injured workers, and alters current law relating
to the payment of attorney's fees in disputes, among other provisions.  

RULEMAKING AUTHORITY

Rulemaking authority is expressly granted to the Texas Workers'
Compensation Commission in SECTION 1.01 (Sections 408.023 and 408.0231,
Labor Code), SECTION 2.01 (Section 408.0222, Labor Code), SECTION 3.02
(Section 413.021, Labor Code), SECTION 4.03 (Section 413.0141, Labor Code),
SECTION 5.02 (Section 408.0041, Labor Code), SECTION 6.01 (Section 408.028,
Labor Code), SECTION 6.02 (Section 413.011, Labor Code), SECTION 6.03
(Section 413.031, Labor Code), SECTION 6.04 (Section 413.041, Labor Code),
SECTION 6.06 (Section 415.021, Labor Code), SECTION 6.07 (Section 415.023,
Labor Code), and SECTION 10.03 (Section 408.042, Labor Code). 

SECTION BY SECTION ANALYSIS

ARTICLE 1.  APPROVED DOCTORS; MEDICAL REVIEW

SECTION 1.01.  Amends Chapter 408B, Labor Code, by amending Section 408.023
and adding Section 408.0231, as follows: 

Sec. 408.023.  New heading: LIST OF APPROVED DOCTORS; DUTIES OF TREATING
DOCTORS.  (a) Requires the Texas Workers' Compensation Commission
(commission) to develop a list of doctors licensed in this state who are
approved to provide health care services under this subtitle.  Provides
that each doctor licensed in this state on September 1, 2001, is eligible
to be included on the commission's list of approved doctors under certain
conditions.   

(b) Requires the commission by rule to establish reasonable requirements
for doctors  and health care providers financially related to those doctors
regarding training, impairment rating testing, and disclosure of financial
interests as required by Section 413.041, and for monitoring of those
doctors and health care providers as provided by Sections 408.0231 and
413.0512.  Requires the commission by rule to provide a reasonable period,
not to exceed 18 months after the adoption of rules under this section, for
doctors to comply with the registration and training requirements of this
subchapter.  Sets forth those doctors and health care providers to which
the requirements under this subsection apply. 

(c)  Requires the commission to issue to a doctor who is approved by the
commission a certificate of registration.  Authorizes the commission, in
determining whether to issue a certificate of registration, to consider and
condition its approval on any practice restrictions applicable to the
applicant that are relevant to services provided under this subtitle.
Authorizes the commission to consider the practice restrictions of an
applicant when determining appropriate sanctions under Section 408.0231. 

(d)  Provides that a certificate of registration issued under this
subsection is valid, unless revoked or revised, for the period provided by
commission rule, and may be renewed on application to the commission.
Requires the commission to provide notice to each doctor on the approved
doctor list of the pending expiration of the doctor's certificate of
registration not later than the 60th day before the date of expiration of
the certificate. Deletes existing text relating to doctors being placed on
the list of approved doctors. 

(e)  Authorizes a doctor not licensed in this state but licensed in another
state or jurisdiction who treats employees or performs utilization review
of health care for an insurance carrier, notwithstanding other provisions
of this section, to apply for a certificate of registration under this
section to be included on the commission's list of approved doctors. 

(f)  Sets forth certain requirements for a doctor to be able to perform
services or receive payment for services performed under this subtitle. 

(g)  Requires the commission by rule to modify registration and training
requirements for doctors who infrequently provide health care, perform
utilization review or peer review functions for insurance carriers, or
participate in regional networks established under this subchapter, as
necessary to ensure that those doctors are informed of the regulations that
effect health care benefit delivery under this subtitle. 

(h)  Sets forth certain requirements for a utilization review agent that
uses doctors to perform reviews of certain health care services.  
 
(i)  Authorizes the commission to grant exceptions to the requirement
imposed under Subsection (f) as necessary to ensure that employees have
access to health care and that insurance carriers have access to
evaluations of an employee's health care and income benefit eligibility as
provided by this subtitle. 

(j)  Provides that the injured employee's treating doctor is responsible
for the efficient management of medical care as required by Section
408.025(c) and commission rules. Requires the commission to collect certain
information. 

(k)  Authorizes the commission to adopt rules to define the role of the
treating doctor and to specify outcome information to be collected for a
treating doctor. 

Sec. 408.0231.  MAINTENANCE OF LIST OF APPROVED DOCTORS; SANCTIONS AND
PRIVILEGES RELATING TO HEALTH CARE.  Requires the executive director to
delete certain doctors from the list of approved doctors.  Requires the
commission to establish certain criteria by rule.  Provides that rules
adopted under this section are in addition to, and do not affect, the rules
adopted under Section 415.023(b).  Authorizes the criteria for deleting a
doctor from the list or for recommending or imposing sanctions to include
certain items. Requires the commissioner, by rule, to establish certain
procedures.  Requires the commission to act on a recommendation by the
medical advisor selected under Section 413.0511, and authorizes the
commission, after notice and opportunity for a hearing, to impose sanctions
under this section on a doctor or an insurance carrier or to recommend
action regarding a utilization review agent.  Requires the commission and
the Texas Department of Insurance (TDI) to enter into a memorandum of
understanding to coordinate the regulation of insurance carriers and
utilization review agents.  Sets forth certain sanctions the commission is
authorized to recommend or impose. 

SECTION 1.02.  Amends Chapter 413E, Labor Code, by amending Section 413.051
and adding Sections 413.0511, 413.0512, and 413.0513, as follows: 

Sec.  413.051.  Authorizes the commission to contract with a health care
provider to develop, maintain, or review medical policies or fee guidelines
or to review compliance with the medical policies or fee guidelines.
Requires the commissioner to establish standards for contracts under this
section.  Defines "health care provider professional review organization."
Makes conforming changes. 

Sec. 413.0511.  MEDICAL ADVISOR.  Requires the commission to employ or
contract with a medical advisor, who must be a doctor as that term is
defined by Section 401.011.  Requires the medical advisor to make
recommendations regarding the adoption of certain rules. 

Sec. 413.0512.  MEDICAL QUALITY REVIEW PANEL.  Requires the medical advisor
to establish a medical quality review panel of health care providers to
assist the medical advisor in performing the duties required under Section
413.0511.  Provides that the panel is independent of the medical advisory
committee created under Section 413.005 and is not subject to Chapter 2110,
Government Code.  Requires the Texas State Board of Medical Examiners and
the Texas Board of Chiropractic Examiners, with input from their respective
professional associations, to develop lists of physicians and chiropractors
licensed by those agencies who have demonstrated experience in workers'
compensation or utilization review. Requires the medical advisor to
consider appointing some of the members of the medical quality review panel
from the names on those lists.  Authorizes the medical advisor to consider
nominations for the panel made by labor, business, and insurance
organizations.  Requires the medical quality review panel to recommend
certain actions to the medical advisor.  Provides that a person who serves
on the medical quality review panel is not liable in a civil action for an
act performed in good faith as a member of the panel and is entitled to the
same protections afforded a commission member under Section 402.010.
Provides that the actions of a person serving on the medical quality review
panel do not constitute utilization review and are not subject to Article
21.58A, Insurance Code. 

Sec. 413.0513.  CONFIDENTIALITY REQUIREMENTS.  Prohibits information
maintained by or on behalf of the commission under Section 413.0512, and
that is confidential under law, from being disclosed under Section 413.0512
except under certain conditions.  Provides that confidential information
developed by the commission under Section 413.0512 is not subject to
discovery or court subpoena in any action except under certain conditions. 

SECTION 1.03. (a)  Requires the commission to adopt rules as required by
Chapter 408, Labor Code, as amended by this article, not later than
February 1, 2002. 

(b)  Provides that a doctor is not required to hold a certificate of
registration issued under Section 408.023, Labor Code, as amended by this
article,  to perform medical services under  Subtitle A, Title 5, Labor
Code, before the date provided by commission rules adopted to implement
that section. 

ARTICLE 2. MEDICAL NETWORK PARTICIPATION OPTION

SECTION 2.01.  Amends Chapter 408B, Labor Code, by adding Sections
408.0221, 408.0222, and 408.0223, as follows: 

Sec. 408.0221.  REGIONAL HEALTH CARE DELIVERY NETWORKS; ADVISORY COMMITTEE.
(a) Defines "advisory committee" and "regional network." 

(b) Establishes the Health Care Network Advisory Committee (committee) to
advise the commission on the implementation of this section and Section
408.0222.  Provides that members of the committee are appointed by and
serve at the pleasure of the governor and sets forth the membership of the
committee. 

(c)  Requires the commission, on behalf of the committee established under
this section, to establish and, through competitive procurement, contract
with regional networks for the provision of health care under this
subtitle.  Requires the commission to, through competitive procurement,
contract with one or more organizations to determine the feasibility of,
develop, and evaluate the regional networks established under this section.
Sets forth certain requirements for these organizations. 

  (d)  Requires the committee to make certain recommendations to the
commission.  

  (e)  Requires the committee to gather information from certain other
entities. 

(f)  Provides that the standards adopted for preferred provider networks
under Article 3.70-3C, Insurance Code, as added by Chapter 1024, Acts of
the 75th Legislature, Regular Session, 1997, apply as minimum standards for
regional health care delivery networks created under this section and are
adopted by reference in this section except to the extent they are
inconsistent with this subtitle.  Authorizes the committee to recommend
certain additional standards. 

(g)  Requires the committee and the Research and Oversight Council on
Workers' Compensation (council) to develop evaluation standards and
specifications as necessary to implement a workers' compensation medical
regional network report card. Requires the commission to ensure that the
report card is published and available for inspection.  Authorizes the
commission to procure services as necessary to produce the report card.
Sets forth certain minimum requirements of the report card. 

(h)  Requires the regional network administrators to report quarterly to
the commission and the committee on the progress of implementing the
regional networks and to submit consolidated annual reports.  Requires the
council to report to the legislature by January 1 of each odd-numbered year
on the status of the implementation of regional networks under this
section. 

(i)  Requires the commission to ensure that regional network contracts
provide that insurance carriers have reasonable rights to conduct audits
under this subsection. Requires insurance carriers participating in the
regional network to be allowed the opportunity for consolidated audits of
the regional networks.   

(j)  Requires the cost of assessing the feasibility of, developing, and
evaluating the regional networks created under this section to be funded
through an assessment on the subsequent injury fund established under
Section 403.006.  Prohibits this cost from  exceeding $250,000 per regional
network or a total of $1.5 million for up to six regional networks.
Requires the cost of ongoing regional network administration and management
services to be included in the fees for health care services paid by
insurance carriers participating in the regional network. 

Sec. 408.0222.  PARTICIPATION IN REGIONAL NETWORK; SELECTION OF DOCTOR
WITHIN REGIONAL NETWORK; BENEFIT INCENTIVES. (a)  Authorizes an insurance
carrier or a self-insurer certified to provide workers' compensation
coverage in this state to elect to participate, by contract, in a regional
network established under Section 408.0221.  Provides that a public
employer covered under Subtitle C of this title, other than an employer
covered under Chapter 504, is required to participate in a regional network
established under Section 408.0221.  Provides that an insurance carrier who
elects to participate in regional networks agrees to abide by the terms of
the regional network contracts between the commission and the regional
networks. 

(b)  Authorizes an insurance carrier to limit its election to participate
in a regional network established under Section 408.0221 to a particular
employer or a particular region of this state.  Provides that this
subsection expires January 1, 2006. 

(c)  Authorizes a doctor participating in a regional network established
under Section 408.0221 to perform only those procedures that are within the
scope of the practice for which the doctor is licensed. 

(d)  Authorizes an employee to elect to participate or not participate in a
regional network established under Section 408.0221.  Authorizes only an
employee covered by an insurance carrier who has elected to participate in
a regional network established under Section 408.0221 to elect to
participate in that regional network.  Requires the commission, by rule, to
establish the form and manner by which an employee receives notice of the
employee's rights under this section.   Authorizes an employee, except as
provided by Subsection (e), to make the election described by this
subsection at the time of employment or to make that election or rescind an
election made under this subsection at any later time before certain dates. 

(e)  Authorizes an employee to elect to participate in a regional network
established under Section 408.0221 at any time with the insurance carrier's
permission. Provides that an employee is not bound by an election to
participate in a  regional network made under Subsection (d) or this
subsection under certain conditions 

(f)  Requires an insurance carrier who elects to participate in a regional
network established under Section 408.0221 to provide each employer who
obtains coverage through the insurance carrier with adequate information
about the regional network to share with the employer's employees.
Requires the employer to provide an employee with certain information
before the employee makes an election under this section to participate in
a regional network.  

(g)  Requires an employer to not discharge, subject to disciplinary action,
or take an adverse employment action against an employee who elects not to
participate in a regional network created under Section 408.0221 if the
employer's action would not have occurred in the absence of the employee's
election not to participate. 

(h)  Authorizes an employee to bring suit against an employer for violation
of Subsection (g) under certain conditions. 

(i)  Requires the employee to bring suit for an employer's violation of
Subsection (g) within 120 days of the alleged violation.  Authorizes a suit
under this section to be  brought in certain counties. 

(j)  Sets forth certain items the employee is authorized to recover if the
employee prevails in an action under Subsection (h) . 

(k)  Provides that a suit under this section is the exclusive remedy for
violation of Subsection (g) and the provisions of Chapter 451 do not apply
to such a violation. Prohibits parties from maintaining an action under
Rule 42, Texas Rules of Civil Procedure. 

(l)  Requires an employee who elects to participate in a regional network
created under Section 408.0221 to receive certain benefits. 

(m)  Requires an employee who elects to participate in a regional network
to receive, except for emergency care, or as otherwise provided by this
section, medical treatment, including referrals, from health care providers
within the regional network.  Authorizes an employee or an employee's
treating doctor to use a health care provider outside of the regional
network with the approval of the regional network for good cause consistent
with the regional network contract.  Requires the regional network, if
medically necessary services are not available through regional network
health care providers, on the request of a regional network health care
provider, to within a reasonable time period allow a referral to a
nonregional network health care provider and to fully reimburse the
nonregional network physician or provider at an agreed rate. Defines
"emergency care." 

(n)  Requires a health care provider who participates in a regional network
created under Section 408.0221 to be reimbursed and be subject to
utilization review as provided by the regional network contract.  Provides
that the insurance carrier is responsible for payment of regional network
providers as provided by the contract between the regional network and the
insurance carrier.  Prohibits a nonregional network provider who does not
obtain the approval of the regional network from providing services from
being reimbursed by the insurance carrier. 

(o)  Authorizes an employee or an employee's treating doctor to request a
review by an independent review organization under Section 413.031(c) to
resolve an issue regarding the necessity or the appropriateness of care, or
referrals to nonregional network physicians or providers. 

(p)  Requires an employee who elects to participate in a regional network
established under Section 408.0221 to select an initial treating doctor
within the regional network as provided by the regional network contract.
Authorizes an employee to change treating doctors within the regional
network in accordance with Sections 408.022(d) and (e).  Provides that an
employee who requests to change treating doctors within the regional
network is not subject to Section 408.022(b) or (c).  Authorizes an
employee, at the sole discretion of the regional network, to select a
treating doctor outside of the regional network under certain conditions. 

(q)  Sets forth the conditions under which an employee is subject to the
selection of doctor, change of doctor, and other medical benefit and income
benefit requirements established under Chapters 408 and 413. 

(r)  Authorizes an employee to change treating doctors within the regional
network established under Section 408.0221 in which the employee is
participating in accordance with the regional network contract and sets
forth certain entitlements of the employee. 
 
Sec. 408.0223.  INSURANCE CARRIER NETWORKS.  Defines "insurance carrier
network."  Provides that this subtitle does not prohibit an insurance
carrier, whether doing business as an individual carrier or as a group,
from participating in or maintaining voluntary insurance carrier networks
if those voluntary insurance carrier networks allow selection of doctors as
provided by Section 408.022.  Provides that this subtitle does not prohibit
an insurance carrier from concurrently participating in an insurance
carrier network and a regional network established under Section 408.0221. 

SECTION 2.02. (a)  Requires the commission to adopt rules as required by
Chapter 408, Labor Code, as amended by this article, not later than October
1, 2002. 

(b)  Requires the commission to convene the first meeting of the Health
Care Network Advisory Committee established under Section 408.0221, Labor
Code, as added by this article, not later than October 1, 2001. 

(c)  Require the commission, unless determined to be unfeasible, to
contract for regional workers' compensation health care delivery networks
under Section 408.0221, Labor Code, as added by this article, not later
than December 31, 2002. 
 
(d)  Provides that Section 408.0222, Labor Code, as added by this article,
as that section affects workers' compensation benefits an employee may
receive for participating in a regional network under Section 408.0221,
Labor Code, as added by this article, takes effect on the certification by
the Texas Workers' Compensation Commission that the regional network is
operational. 

ARTICLE 3.  RETURN-TO-WORK REPORTING AND SERVICES

SECTION 3.01.  Amends Section 409.005, Labor Code, as follows:

Sec. 409.005.  New heading: REPORT OF INJURY; MODIFIED DUTY PROGRAM NOTICE;
ADMINISTRATIVE VIOLATION.  Requires the employer, on the written request of
the employee, a  doctor, the insurance carrier, or the commission, to
notify the employee, the employee's treating doctor if known to the
employer, and the insurance carrier of the existence or absence of
opportunities for modified duty or a modified duty return-to-work program
available through the employer.  Requires the employer, if those
opportunities or that program exists, to identify the employer's contact
person and provide other information to assist the treating doctor, the
employee, and the insurance carrier to assess modified duty or
return-to-work options. 

SECTION 3.02. Amends Chapter 413B, Labor Code, by adding Section 413.021,
as follows: 

Sec. 413.021.  RETURN-TO-WORK COORDINATION SERVICES. (a)  Requires an
insurance carrier, with the agreement of a participating employer, to
provide the employer with return-to-work coordination services as necessary
to facilitate an employee's reintegration to employment.  Requires the
insurance carrier to notify the employer of the availability of
return-to-work coordination services. Requires the insurance carriers and
the commission, in offering the services, to target employers without
return-to-work programs and shall focus return-to-work efforts on workers
who begin to receive temporary income benefits.  Authorizes these services
to be offered by insurance carriers in conjunction with the accident
prevention services provided under Section 411.061.  Provides that nothing
in this section supersedes the provisions of a collective bargaining
agreement between an employer and the employer's employees, and nothing in
this section authorizes or requires an employer to engage in conduct that
would otherwise be a violation of the employer's obligations under the
National Labor Relations Act (29 U.S.C. Section 151 et seq.), and its
subsequent amendments. 
 
 (b)  Authorizes return-to-work coordination services under this section to
include certain items. 

(c)  Provides that an insurance carrier is not required to provide physical
workplace modifications under this section and is not liable for the cost
of modifications made under this section to facilitate an employee's return
to employment. 

(d)  Requires the commission to use certified rehabilitation counselors or
other appropriately trained or credentialed specialists to provide training
to commission staff regarding the coordination of return-to-work services
under this section. 

(e)  Requires the commission to adopt rules necessary to collect data on
return-to-work outcomes to allow full evaluations of successes and of
barriers to achieving timely return to work after an injury. 
 
(f)  Requires the commission to report twice annually to the council
regarding the implementation and outcome of the return-to-work initiatives
required by this section. 

SECTION 3.03. Authorizes the commission to adopt rules as necessary to
implement Sections 409.005(j) and 413.021, Labor Code, as added by this
article, not earlier than January 1, 2004. 

ARTICLE 4.  PREAUTHORIZATION, CONCURRENT REVIEW, AND CERTIFICATION
REQUIREMENTS 

SECTION 4.01.  Amends Section 408.026, Labor Code, as follows:

Sec. 408.026.  New heading: SPINAL SURGERY.  Provides that, except in a
medical emergency, an insurance carrier is liable for medical costs related
to spinal surgery only as provided by Section 413.014 and commission rules.
Deletes existing text relating to spinal surgery and an examination
required under this section. 

SECTION 4.02.  Amends Section 413.014, Labor Code, as follows:
 
Sec. 413.014.  New heading: PREAUTHORIZATION REQUIREMENTS; CONCURRENT
REVIEW AND CERTIFICATION OF HEALTH CARE. Defines "investigational or
experimental service or device."  Requires the commission by rule to
specify which health care treatments and services require concurrent review
by the insurance carrier. Requires the commission rules adopted under this
section to provide that preauthorization and concurrent review are required
at a minimum for certain items.  Provides that the insurance carrier is not
liable for those specified treatments and services requiring
preauthorization unless preauthorization is sought by the claimant or
health care provider and either obtained from the insurance carrier or
ordered by the commission.  Requires each insurance carrier to allow health
care providers to request that the insurance carrier prospectively or
concurrently certify coverage for health care services, including
pharmaceutical services, that do not require preauthorization and
concurrent review.  Provides that regardless of the insurance carrier's
response to the request, the carrier retains the right to retrospectively
review health care services and supporting records and to contest the
certification of those services. 

SECTION 4.03.  Amends Chapter 413B, Labor Code, by adding Section 413.0141,
as follows: 

Sec. 413.0141.  INITIAL PHARMACEUTICAL COVERAGE.  Authorizes the commission
by rule to provide that an insurance carrier shall provide for payment of
specified pharmaceutical services sufficient for the first seven days
following the date of injury if the health care provider requests and
receives verification of insurance coverage and a verbal confirmation of an
injury from the employer or from the insurance carrier as provided by
Section 413.014.  Authorizes the rules adopted by the commission to also
provide that an insurance carrier is eligible for reimbursement for
pharmaceutical services paid under this section from the subsequent injury
fund in the event the injury is determined not to be compensable. 

SECTION 4.04.  Requires the commission to adopt the rules required under
Sections 408.026 and 413.014, Labor Code, as amended or added by this
article, not later than February 1, 2002, and authorizes the commission to
adopt rules required by Section 413.0141, Labor Code. 

ARTICLE 5. REQUIRED MEDICAL EXAMINATIONS; DESIGNATED DOCTORS

SECTION 5.01.  Amends Sections 408.004(a) and (c), Labor Code, to delete
existing text related to certain medical examinations.  Requires the
insurance carrier to pay for the reasonable mileage expenses, rather than
an expense, incident to the employee in submitting to the examination. 

SECTION 5.02.  Amends Chapter 408A, Labor Code, by adding Section 408.0041,
as follows: 

Sec. 408.0041.  DESIGNATED DOCTOR EXAMINATION.  (a)  Requires the
commission, at the request of an insurance carrier or an employee, to order
a medical examination to resolve certain questions. 

(b)  Requires a medical examination requested under Subsection (a) to be
performed by the next available doctor on the commission's list of
designated doctors whose credentials are appropriate for the issue in
question and the injured employee's medical condition.  Requires the
designated doctor doing the review to be knowledgeable and experienced with
the treatment and procedures used by the doctor treating the patient's
medical condition and the treatments and procedures performed to be within
the scope of practice of the designated doctor.  Requires the commission to
assign a designated doctor not later than the 10th day after the date on
which the request under Subsection (a) is received, and requires the
examination to be conducted not later than the 21st day after the date on
which the commission issues the order under Subsection (a).  Prohibits an
examination under this section from being held more frequently than every
60 days, unless good cause for more frequent examinations exists, as
defined by commission rules. 

(c)  Provides that the treating doctor and the insurance carrier are both
responsible for sending to the designated doctor all of the injured
employee's medical records relating to the issue to be evaluated by the
designated doctor that are in their possession. Authorizes the treating
doctor and insurance carrier to send the records without a signed release
from the employee.  Provides that the designated doctor is authorized to
receive the employee's confidential medical records to assist in the
resolution of disputes.  Authorizes the treating doctor and insurance
carrier to send the designated doctor an analysis of the injured worker's
medical condition, functional abilities, and return-to-work opportunities. 
 
(d)  Authorizes only the injured employee or an appropriate member of the
staff of the commission to communicate with the designated doctor about the
case regarding the injured employee's medical condition or history before
the examination of the injured employee by the designated doctor, to avoid
undue influence on a person selected as a designated doctor under this
section.  Authorizes communication with the designated doctor, after that
examination is completed, regarding the injured employee's medical
condition or history to be made only through appropriate commission staff
members. Authorizes the designated doctor to initiate communication with
any doctor who has previously treated or examined the injured employee for
the work-related injury or with peer reviewers identified by the insurance
carrier. 
 
(e)  Requires the designated doctor to report to the commission.  Provides
that the report of the designated doctor has presumptive weight unless the
great weight of the evidence is to the contrary.  Authorizes an employer to
make a bona fide offer of employment subject to Sections 408.103(e) and
408.144(c) based on the designated doctor's report. 

(f)  Authorizes an insurance carrier, if the insurance carrier is not
satisfied with the opinion rendered by a designated doctor under this
section, to request the commission to order an employee to attend an
examination by a doctor selected by the insurance carrier.  Requires the
commission to allow the insurance carrier reasonable time to obtain and
present the opinion of the doctor selected under this subsection before the
commission makes a final decision on the merits of the issue in question. 
 
  (g)  Requires the insurance carrier to pay for certain items.

(h)  Provides that an employee is not entitled to temporary income
benefits, and an insurance carrier may suspend the payment of temporary
income benefits, during and for a period in which the employee fails to
submit to an examination under Subsection (a) or (b) unless the commission
determines that the employee had good cause for the failure to submit to
the examination.  Authorizes the commission to order temporary income
benefits to be paid for the period that the commission determines the
employee had good cause.  Requires the commission by rule to ensure that an
employee receives reasonable notice of an examination and of the insurance
carrier's basis for suspension of payment and that the employee is provided
a reasonable opportunity to reschedule an examination missed by the
employee for good cause. 

(i)  Authorizes the insurance carrier, if the report of a designated doctor
indicates that an employee can return to work immediately or has reached
maximum medical improvement, to suspend or reduce the payment of temporary
income benefits immediately. 

(j)  Authorizes the insurance carrier, if the report of a doctor selected
by the insurance carrier indicates that an employee can return to work
immediately or has reached maximum medical improvement, to suspend or
reduce the payment of temporary income benefits on the 14th day after the
date on which the insurance carrier files a notice of suspension with the
commission.           

(k)  Requires the commission, at the request of the employee or the
insurance carrier to dispute a decision under Subsection (i) or (j), to
hold an expedited benefit review conference, by personal appearance or by
telephone, not later than the 10th day after the date on which the
commission receives the request for the conference.  Provides that if a
benefit review conference is not held by the 14th day after the date on
which the commission receives the insurance carrier's notice of suspension,
an interlocutory order, effective from the date of the report certifying
maximum medical improvement, is automatically entered for the continuation
of temporary income benefits until a benefit review conference is held, and
the insurance carrier is eligible for reimbursement for any overpayment of
benefits as provided by Chapter 410.  Provides that the commission is not
required to schedule a contested case hearing as required by Section
410.025(b) if a benefit review conference is scheduled under this
subsection.  Authorizes the commission, if a benefit review conference is
held not later than the 14th day, to enter an interlocutory order for the
continuation of benefits and the insurance carrier is eligible for
reimbursement for any overpayments of benefits as provided by Chapter 410.
Requires the commission to adopt certain rules as necessary to implement
this subsection. 

 SECTION 5.03.  Amends Sections 408.122(b) and (c), Labor Code,  to require
the designated doctor doing the review to be knowledgeable and experienced
with the treatment and procedures used by the doctor treating the patient's
medical condition and the treatments and procedures performed must be
within the scope of practice of the designated doctor.  Requires a
designated doctor's credentials to be appropriate for the issue in question
and the injured employee's medical condition. Deletes existing text
relating to doctor's being similarly licensed and a dispute regarding
maximum medical improvement. 

SECTION 5.04.  Requires the council to report to the legislature not later
than December 31, 2002, regarding issues related to medical examinations
conducted under Section 408.0041, Labor Code, as added by this article. 

SECTION 5.05.  Provides that Section 408.004, Labor Code, as amended by
this article, applies only to a request for a medical examination made to
the commission by an insurance carrier on or after January 1, 2002. 

ARTICLE 6. MEDICAL BENEFIT REGULATION; DISPUTE RESOLUTION

SECTION 6.01.  Amends Section 408.028, Labor Code, as follows:

(a) Requires a physician, rather than a health care practitioner, providing
care to an employee under this subchapter to prescribe for the employee any
necessary prescription drugs, and over-the-counter alternatives to
prescription medications as clinically appropriate and applicable, in
accordance with applicable state law and as provided by Subsection (b).
Authorizes a doctor providing care to order over-the-counter alternatives
to prescription medications, when clinically appropriate, in accordance
with applicable state law and as provided by Subsection (b). 

(b)  Requires the commission by rule to develop an open formulary under
Section 413.011 that requires the use of generic pharmaceutical medications
and clinically appropriate over-the-counter alternatives to prescription
medications unless otherwise specified by the prescribing doctor, in
accordance with applicable state law. 
 
(c)  Prohibits an insurance carrier, except as otherwise provided by this
subtitle, from requiring an employee to use pharmaceutical services
designated by the carrier. 
 
(d)  Requires the commission to adopt rules to allow an employee to
purchase over-the-counter alternatives to prescription medications
prescribed or ordered under Subsection (a) or (b) and to obtain
reimbursement from the insurance carrier for those medications. 

SECTION 6.02.  Amends Section 413.011, Labor Code, as follows:

Sec. 413.011.  New heading: FEE GUIDELINES; TREATMENT GUIDELINES.  Requires
the commission by rule to adopt by reference the reimbursement methodology
and model used by the Medicare system with minimal modifications to that
reimbursement methodology as necessary to meet occupational injury
requirements and to allow chiropractors to serve as treating doctors.
Prohibits this section from being  interpreted in a manner inconsistent
with state laws relating to insurance equity regarding parity of payment or
fee reimbursement levels based on provider type, license, discipline, or
specialty.  Requires the commission to calculate conversion factors to set
fees for services based on that methodology and to provide for reasonable
fees for the evaluation and management of care by treating doctors as
required by Section 408.025(c) and commission rules.  Requires the
commission to adopt other Medicare requirements and related rules,
including coding compliance standards, to meet the standards for reporting
documentation and billing required by Section 413.053, and guidelines
relating to  fees charged or paid for providing expert testimony relating
to an issue arising under this subtitle.  Deletes existing text relating to
certain medical policies and guidelines.  Authorizes the commission by rule
to adopt treatment guidelines.  Sets forth certain guidelines for the
guidelines.  Deletes existing text relating to medical policies.
Authorizes, rather than requires, the commission by rule to establish
medical policies relating to necessary treatments for injuries. Sets forth
certain requirements for any medical policies or guidelines adopted by the
commission. 

SECTION 6.03.  Amends Section 413.031, Labor Code, as follows:

(a) Provides that a party, including a health care provider or claimant, is
entitled to a review of a medical service provided or for which
authorization of payment is sought if that party, rather than a health care
provider, receives certain information regarding medical service provided.

(c) Provides that the role of the commission, in resolving disputes over
the amount of payment due for services determined to be medically necessary
and appropriate for treatment of a compensable injury, is to adjudicate the
correct payment given the relevant statutory provisions and commission
rules.  Requires the commission to publish certain information on its
Internet website.  Requires the commission, before publication, to redact
only that information necessary to prevent identification of the injured
worker.   

(d) Requires a review of the medical necessity of a health care, rather
than medical, service requiring preauthorization under Section 413.014 or
commission rules under that, rather than this section to be conducted by an
independent review organization under Article 21.58C, Insurance Code, in
the same manner as reviews of utilization review decisions by health
maintenance organizations.  Provides that it is a defense for the insurance
carrier if the carrier timely complies with the decision of the independent
review organization.  Requires the commission by rule to specify the
appropriate dispute resolution process for disputes in which a claimant has
paid for medical services and is seeking reimbursement.  Deletes existing
text relating to a health care provider professional review organization.   

(e) Requires a review of the medical necessity of a health care service
provided under this chapter or Chapter 408, except as provided by
Subsection (d), to be conducted by an independent review organization under
Article 21.58C, Insurance Code, in the same manner as reviews of
utilization review decisions by health maintenance organizations. Provides
that it is a defense for the insurance carrier if the carrier timely
complies with the decision of the independent review organization. 

(f)  Requires the insurance carrier to pay the cost of the review under
certain circumstances. 

(g)  Requires the cost of the review, except as provided by Subsection (f),
to be paid by the nonprevailing party. 

(h)  Prohibits an employee, notwithstanding Subsections (f) and (g), from
being required to pay any portion of the cost of a review. 

SECTION 6.04.  Amends Section 413.041, Labor Code, as follows:

Sec. 413.041.  (a)  Requires each doctor to disclose to the commission the
identity of any health care provider in which the doctor, or the health
care provider that employs the doctor, has a financial interest.  Requires
the doctor to make the disclosure in the manner provided by commission
rule. 
  
(b)  Requires the commission by rule to require that a doctor disclose
financial interests in other health care providers as a condition of
registration for the approved doctor list established under Section
408.023, and to define "financial interest" for purposes of this subsection
as provided by analogous federal regulations.  Requires the commission by
rule to adopt the federal standards that prohibit the payment or acceptance
of payment in exchange for health care referrals. 

(c)  Provides that a doctor or health care provider that fails to comply
with this section is subject to certain penalties and sanctions as provided
by this subtitle.  

(d)  Requires the commission to publish all final disclosure enforcement
orders issued under this section on the commission's Internet website.
Deletes existing text relating to the financial interest of certain health
care providers. 

SECTION 6.05.  Amends Section 415.0035, Labor Code, to provide that an
insurance carrier or health care provider commits an administrative
violation if that person violates this subtitle or a rule, order, or
decision of the commission.  Provides that a subsequent administrative
violation under this section, after prior notice to the insurance carrier
or health care provider of noncompliance, is subject to penalties as
provided by Section 415.021.  Provides that prior notice under this
subsection is not required if the violation was committed wilfully or
intentionally, or if the violation was of a decision or order of the
commission. 

SECTION 6.06.  Amends Section 415.021(a), Labor Code, to require the
commission, notwithstanding Subsection (c), by rule to adopt a schedule of
specific monetary administrative penalties for specific violations under
this subtitle. 

SECTION 6.07.  Amends Section 415.023, Labor Code, to authorize the
commission to adopt rules providing for referral and petition to the
appropriate licensing authority for appropriate disciplinary action,
including the restriction, suspension, or revocation of the person's
license.  Makes a conforming change. 

SECTION 6.08. (a)  Requires the commission to adopt the rules and fee
guidelines under Section 413.011, Labor Code, as amended by this article,
not later than May 1, 2002.  Provides that the treatment guidelines adopted
under Chapter 413, Labor Code, in effect immediately before September 1,
2001, are not applicable to health care services provided on or after
January 1, 2002 unless subsequently readopted by the commission. 

(b)  Requires the commission to adopt rules as required by Sections 408.028
and 413.041, Labor Code, as amended by this article, not later than June 1,
2002. 

(c)  Makes application of the change in law made by this article by the
amendment of Section 413.031, Labor Code, prospective. 

(d)  Provides that Section 413.041(c), Labor Code, as added by this
article, applies only to a failure to comply with Section 413.041 that
occurs after June 1, 2002. 

(e)  Provides that Section 415.0035, Labor Code, as amended by this
article, applies only to a violation occurring on or after September 1,
2002. 
 
ARTICLE 7.  SUNSET REVIEW; AUDIT

SECTION 7.01.  Amends Section 401.002, Labor Code, to provide that the
commission is abolished September 1, 2005, rather than 2007, unless
continued in existence as provided by Chapter 325, Government Code. 
 
SECTION 7.02.  Amends Chapter 401A, Labor Code, by adding Section 401.003,
as follows: 

Sec. 401.003.  ACTIVITIES OF THE STATE AUDITOR.  Provides that the
commission is subject to audit by the state auditor in accordance with
Chapter 321, Government Code. Authorizes the state auditor to audit certain
aspects of the commission.  Provides that nothing in this section limits
the authority of the state auditor under Chapter 321, Government Code. 
 
ARTICLE 8.  ATTORNEY'S FEES

SECTION 8.01.  Amends Section 408.221, Labor Code, to provide that an
insurance carrier that seeks judicial review under Chapter 410G, of a final
decision of a commission appeals panel regarding compensability or
eligibility for, or the amount of, income or death benefits is liable for
reasonable and necessary attorney's fees incurred by the claimant as a
result of the insurance carrier's appeal if the claimant prevails on an
issue on which judicial review is sought by the insurance carrier in
accordance with the limitation of issues contained in Section 410.302.
Provides that this subsection does not apply to attorney's fees for which
an insurance carrier may be liable under Section 408.147.  Provides that an
award of attorney's fees under this subsection is not subject to commission
rules adopted under Subsection (f).  Provides that Subsection (c) expires
September 1, 2005.  Makes conforming changes. 

SECTION 8.02.  Amends Section 408.147(c), Labor Code, to make conforming
changes. 

SECTION 8.03.  Amends Section 408.222(b), Labor Code, to make a conforming
change. 

ARTICLE 9.  LIFETIME INCOME BENEFITS

SECTION 9.01.  Amends Section 408.161(a), Labor Code, to provide that
lifetime income benefits are paid until the death of the employee for burns
that result in at least 40 percent of the body being subject to debriding
or grafting, or third degree burns covering the majority of either both
hands or one hand and the head. 

ARTICLE 10.  MULTIPLE EMPLOYMENT; SUBSEQUENT INJURY FUND

SECTION 10.01.  Amends Section 403.006, Labor Code, to set forth the
liabilities of the subsequent injury fund.  Authorizes the commission,
based on an actuarial assessment of the funding available under Section
403.007(e), to make partial payment of insurance carrier claims under
Subsection (b)(3). 

SECTION 10.02.  Amends Section 403.007, Labor Code, to require the fund, if
the commission determines that the funding under  Subsection (a) is not
adequate to meet the expected obligations of the subsequent injury fund
established under Section 403.006, to be supplemented by the collection of
a maintenance tax paid by insurance carriers, other than a governmental
entity, as provided by Sections 403.002 and 403.003.  Sets forth certain
requirements of the rate of assessment.  Requires the commission's actuary
or financial advisor to report biannually to the council on the financial
condition and projected assets and liabilities of the subsequent injury
fund.  Requires the commission to make the reports available to members of
the legislature and the public.  Authorizes the commission to purchase
annuities to provide for payments due to claimants under this subtitle if
the commission determines that the purchase of annuities is financially
prudent for the administration of the fund. 

SECTION 10.03.  Amends Section 408.042, Labor Code, as follows:

Sec. 408.042.  New heading: AVERAGE WEEKLY WAGE FOR PART-TIME EMPLOYEE OR
EMPLOYEE WITH MULTIPLE EMPLOYMENT.  (a) Deletes existing text relating to
full-time hours.   

  (b) Makes nonsubstantive changes.

 (c) Sets forth the manner in which the average weekly wage for determining
certain benefits is determined for employees with multiple employment.  

(d) Requires the commission to take certain actions, including determining,
by rule, the manner by which wage information is collected and distributed
to implement this section.   

(e) Authorizes only an employee's wages that are reportable for federal
income tax purposes to be considered for an employee with multiple
employment.  Requires the employee to document and verify wage payments
subject to this section. 

(f)  Requires the commission, if the commission determines that computing
the average weekly wage for an employee as provided by Subsection (c) is
impractical or unreasonable, to set the average weekly wage in a manner
that more fairly reflects the employee's average weekly wage and that is
fair and just to both parties or is in the manner agreed to by the parties.
Authorizes the commission by rule to define methods to determine a fair and
just average weekly wage consistent with this section. 
 
(g)  Provides that an insurance carrier is entitled to apply for and
receive reimbursement at least annually from the subsequent injury fund for
the amount of income benefits paid to a worker under this section that are
based on employment other than the employment during which the compensable
injury occurred.  Authorizes the commission to adopt rules that govern the
documentation, application process, and other administrative requirements
necessary to implement this subsection. 

(h)  Defines "employee with multiple employment" and "full-time workweek."
Redefines "part-time employee." 

ARTICLE 11.  INSURANCE CARRIER INFORMATION

SECTION 11.01.  Amends Section 410.164, Labor Code, to require the
insurance carrier, at each contested case hearing, as applicable, to file
with the hearing officer and to deliver to the claimant a single document
stating the true corporate name of the insurance carrier and the name and
address of the insurance carrier's registered agent for service of process.
Provides that the document is part of the record of the contested case
hearing. 

SECTION 11.02.  Amends Section 410.204, Labor Code, to set forth specific
text required to conclude each final decision of the appeals panel. 

SECTION 11.03. Makes application of this article prospective. 

ARTICLE 12.  APPEAL REQUIREMENTS

SECTION 12.01.  Amends Section 410.202, Labor Code, by adding Subsection
(d), to provide that Saturdays and Sundays and holidays listed in Section
662.003, Government Code, are not included in the computation of the time
in which a request for an appeal under Subsection (a) or a response under
Subsection (b) must be filed. 

SECTION 12.02.  Makes application of this article prospective.

ARTICLE 13.  STUDY ON DRUG-FREE WORKPLACE REQUIREMENTS

SECTION 13.01. Amends Chapter 411G, Labor Code, by adding Section 411.093,
as follows: 
 
Sec. 411.093.  STUDY ON DRUG-FREE WORKPLACE; REPORT.  Requires the
commission to study certain items regarding a drug-free workplace.
Requires the commission to report not later than  February 1, 2003, to the
legislature and the council regarding the study conducted under this
section.  Sets forth certain requirements of the report.  Requires TDI, on
the request of the commission, to assist the commission in the performance
of its duties under this section.  Provides that this section expires
September 1, 2003. 

ARTICLE 14.  GENERAL TRANSITION; EFFECTIVE DATE

SECTION 14.01.  Makes application of this Act prospective, except as
otherwise provided by this Act. 

SECTION 14.02.  Effective date: September 1, 2001, except as expressly
provided.