77R9042 PB-D                           
         By Brimer                                             H.B. No. 1192
         Substitute the following for H.B. No. 1192:
         By Brimer                                         C.S.H.B. No. 1192
                                A BILL TO BE ENTITLED
 1-1                                   AN ACT
 1-2     relating to a gateway doctor pilot program for the provision of
 1-3     medical benefits to certain state employees who sustain compensable
 1-4     injuries.
 1-5           BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
 1-6           SECTION 1. Chapter 412, Labor Code, is amended by adding
 1-7     Subchapter G to read as follows:
 1-8                 SUBCHAPTER G.  GATEWAY DOCTOR PILOT PROGRAM
 1-9           Sec. 412.061.  DEFINITIONS. In this subchapter:
1-10                 (1)  "Council" means the Research and Oversight Council
1-11     on Workers' Compensation.
1-12                 (2)  "Gateway doctor" means a physician or chiropractor
1-13     who is a member of a health care delivery network with which the
1-14     state contracts for the provision of services under the pilot
1-15     program.
1-16                 (3)  "Health care delivery network" means a health care
1-17     delivery system under which health care services are provided  by
1-18     specific health care practitioners or providers under contract.
1-19                 (4)  "Pilot program" means the gateway doctor pilot
1-20     program established under this subchapter.
1-21           Sec. 412.062.  ESTABLISHMENT OF PILOT PROGRAM; PARTICIPATION.
1-22     (a)  The office and the Research and Oversight Council on Workers'
1-23     Compensation jointly shall develop and implement a pilot program
1-24     under which medical benefits  are provided to certain state
 2-1     employees who sustain compensable injuries through the use of one
 2-2     or more health care delivery networks.
 2-3           (b)  The office and the council jointly shall select a
 2-4     limited number of state agencies to participate in the pilot
 2-5     program.  A state agency selected for participation under this
 2-6     section is required to participate in the pilot program.
 2-7           Sec. 412.063.  PILOT PROGRAM ELEMENTS. (a)  The office and
 2-8     the council shall establish the pilot program as a loss control
 2-9     program designed to determine whether the state may  better control
2-10     the costs associated with the state employee workers' compensation
2-11     program operated under Chapter 501 by generating savings and more
2-12     efficient delivery of health care services through contracts with
2-13     health care delivery networks.
2-14           (b)  In developing the pilot program, the office and the
2-15     council shall, to the extent possible, design the pilot program in
2-16     a manner that:
2-17                 (1)  provides state employees and the management of
2-18     participating state agencies the opportunity for input regarding:
2-19                       (A)  the health care practitioners and providers
2-20     used by the pilot program; and
2-21                       (B)  return-to-work coordination appropriate for
2-22     the pilot program;
2-23                 (2)  enhances the delivery of medical benefits to state
2-24     employees employed by participating state agencies by providing
2-25     better health care and faster access to that care;
2-26                 (3)  allows state employees access to networks of
2-27     physicians and chiropractors that are effectively monitored for
 3-1     appropriate credentials, provision of quality care, enhancement of
 3-2     the return to work of injured employees, and cost-effective
 3-3     outcomes; and
 3-4                 (4)  enables the state to determine whether extension
 3-5     of the use of a health care delivery network and gateway doctors
 3-6     would decrease direct costs associated with the operation of the
 3-7     state employee workers' compensation program.
 3-8           Sec. 412.064.  REPORT. Not later than February 1 of each
 3-9     odd-numbered year, the office and the council shall submit to the
3-10     legislature a written report concerning the effectiveness of the
3-11     pilot program in reducing the costs to the state associated with
3-12     the provision of medical benefits to employees of participating
3-13     state agencies.
3-14           Sec. 412.065.  RULES; CONTRACTS. The office and the council
3-15     may adopt rules and enter into contracts as necessary or
3-16     appropriate to implement this subchapter.
3-17           SECTION 2. Section 501.002, Labor Code, is amended to read as
3-18     follows:
3-19           Sec. 501.002.  APPLICATION OF GENERAL WORKERS' COMPENSATION
3-20     LAWS; LIMIT ON ACTIONS AND DAMAGES. (a)  The following provisions
3-21     of Subtitles A and B  apply to and are included in this chapter
3-22     except to the extent that they are inconsistent with this chapter:
3-23                 (1)  Chapter 401, other than Section 401.012 defining
3-24     "employee";
3-25                 (2)  Chapter 402;
3-26                 (3)  Chapter 403, other than Sections 403.001-403.005;
3-27                 (4)  [Chapter 405;]
 4-1                 [(5)]  Subchapters B and D through H, Chapter 406,
 4-2     other than Sections 406.071(a), 406.073, and 406.075;
 4-3                 (5) [(6)]  Chapter 408, other than Sections 408.001(b)
 4-4     and (c);
 4-5                 (6) [(7)]  Chapters 409 and 410;
 4-6                 (7) [(8)]  Subchapters A and G, Chapter 411, other than
 4-7     Sections 411.003 and 411.004;
 4-8                 (8) [(9)]  Chapters 412-417; and
 4-9                 (9) [(10)]  Chapter 451.
4-10           (b)  Notwithstanding Subsection (a), Sections 408.022,
4-11     408.023, 408.024, and 408.028(b) do not apply to a workers'
4-12     compensation claim brought by an employee of a state agency
4-13     participating in the pilot program established under Subchapter G,
4-14     Chapter 412.
4-15           (c)  For the purposes of this chapter and Chapter 451, the
4-16     individual state agency shall be considered the employer.
4-17           (d) [(c)]  For the purpose of applying the provisions listed
4-18     by Subsection (a) to this chapter, "insurer" or "employer" means
4-19     "state," "office," "director," or "state agency," as applicable.
4-20           (e) [(d)]  Neither this chapter nor Subtitle A authorizes a
4-21     cause of action or damages against the state, a state agency, or an
4-22     employee of the state beyond the actions and damages authorized by
4-23     Chapter 101, Civil Practice and Remedies Code.
4-24           (f) [(e)]  For the purposes of this chapter and Chapter 451,
4-25     the adjutant general is considered the employer of a member of the
4-26     state military forces while engaged in authorized training or duty.
4-27           SECTION 3. Subchapter B, Chapter 501, Labor Code, is amended
 5-1     by adding Section 501.027 to read as follows:
 5-2           Sec. 501.027.  USE OF HEALTH CARE DELIVERY NETWORK REQUIRED.
 5-3     (a)  To receive medical benefits under this chapter, an employee of
 5-4     a state agency participating in the pilot program established under
 5-5     Subchapter G, Chapter 412, is required to use the services of a
 5-6     gateway doctor or specialist who is a participating member of a
 5-7     health care delivery network implemented under that subchapter. The
 5-8     employee is entitled to select the employee's initial treating
 5-9     doctor from the list of gateway doctors provided under Subsection
5-10     (b).
5-11           (b)  The board shall periodically provide employees of
5-12     affected agencies with a list of health care practitioners who are
5-13     gateway doctors or specialists participating as members of
5-14     appropriate health care delivery networks.
5-15           SECTION 4. (a)  This Act takes effect September 1, 2001.
5-16           (b)  Not later than  December 1, 2001, the risk management
5-17     board and the board of directors of the Research and Oversight
5-18     Council on Workers' Compensation shall adopt rules to implement the
5-19     pilot program established under Chapter 412, Labor Code, as amended
5-20     by this Act.
5-21           (c)  Chapters 412 and 501, Labor Code, as amended by this
5-22     Act, apply only to a claim for workers' compensation benefits based
5-23     on a compensable injury that occurs on or after January 1, 2002.  A
5-24     claim based on a compensable injury that occurs before that date is
5-25     governed by the law in effect on the date that the compensable
5-26     injury occurred, and the former law is continued in effect for that
5-27     purpose.