By Brimer                                             H.B. No. 1192
         77R4993 PB-D                           
                                A BILL TO BE ENTITLED
 1-1                                   AN ACT
 1-2     relating to a gateway physician 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 PHYSICIAN 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 physician" means a physician who is a
1-13     member of a health care delivery network with which the state
1-14     contracts for the provision of services under the pilot program.
1-15                 (3)  "Health care delivery network" means a health care
1-16     delivery system under which health care services are provided  by
1-17     specific health care practitioners under contract.
1-18                 (4)  "Pilot program" means the gateway physician pilot
1-19     program established under this subchapter.
1-20           Sec. 412.062.  ESTABLISHMENT OF PILOT PROGRAM; PARTICIPATION.
1-21     (a)  The office and the Research and Oversight Council on Workers'
1-22     Compensation jointly shall develop and implement a pilot program
1-23     under which medical benefits  are provided to certain state
1-24     employees who sustain compensable injuries through the use of a
 2-1     health care delivery network.
 2-2           (b)  The office and the council jointly shall select a
 2-3     limited number of state agencies to participate in the pilot
 2-4     program.  A state agency selected for participation under this
 2-5     section is required to participate in the pilot program.
 2-6           Sec. 412.063.  PILOT PROGRAM ELEMENTS. (a)  The office and
 2-7     the council shall establish the pilot program as a loss control
 2-8     program designed to determine whether the state may  better control
 2-9     the costs associated with the state employee workers' compensation
2-10     program operated under Chapter 501 by generating savings and more
2-11     efficient delivery of health care services through contracts with
2-12     health care delivery networks.
2-13           (b)  In developing the pilot program, the office and the
2-14     council shall, to the extent possible, design the pilot program in
2-15     a manner that:
2-16                 (1)  enhances the delivery of medical benefits to state
2-17     employees employed by participating state agencies by providing
2-18     better health care and faster access to that care; and
2-19                 (2)  enables the state to determine whether extension
2-20     of the use of a health care delivery network and gateway physicians
2-21     would decrease direct costs associated with the operation of the
2-22     state employee workers' compensation program.
2-23           Sec. 412.064.  REPORT. Not later than February 1 of each
2-24     odd-numbered year, the office and the council shall submit to the
2-25     legislature a written report concerning the effectiveness of the
2-26     pilot program in reducing the costs to the state associated with
2-27     the provision of medical benefits to employees of participating
 3-1     state agencies.
 3-2           Sec. 412.065.  RULES; CONTRACTS. The board and the board of
 3-3     directors of the council may adopt rules and enter into contracts
 3-4     as necessary or appropriate to implement this subchapter.
 3-5           SECTION 2. Section 501.002, Labor Code, is amended to read as
 3-6     follows:
 3-7           Sec. 501.002.  APPLICATION OF GENERAL WORKERS' COMPENSATION
 3-8     LAWS; LIMIT ON ACTIONS AND DAMAGES. (a)  The following provisions
 3-9     of Subtitles A and B  apply to and are included in this chapter
3-10     except to the extent that they are inconsistent with this chapter:
3-11                 (1)  Chapter 401, other than Section 401.012 defining
3-12     "employee";
3-13                 (2)  Chapter 402;
3-14                 (3)  Chapter 403, other than Sections 403.001-403.005;
3-15                 (4)  [Chapter 405;]
3-16                 [(5)]  Subchapters B and D through H, Chapter 406,
3-17     other than Sections 406.071(a), 406.073, and 406.075;
3-18                 (5) [(6)]  Chapter 408, other than Sections 408.001(b)
3-19     and (c);
3-20                 (6) [(7)]  Chapters 409 and 410;
3-21                 (7) [(8)]  Subchapters A and G, Chapter 411, other than
3-22     Sections 411.003 and 411.004;
3-23                 (8) [(9)]  Chapters 412-417; and
3-24                 (9) [(10)]  Chapter 451.
3-25           (b)  Notwithstanding Subsection (a), Sections 408.022,
3-26     408.023, and 408.024 do not apply to a workers' compensation claim
3-27     brought by an employee of a state agency participating in the pilot
 4-1     program established under Subchapter G, Chapter 412.
 4-2           (c)  For the purposes of this chapter and Chapter 451, the
 4-3     individual state agency shall be considered the employer.
 4-4           (d) [(c)]  For the purpose of applying the provisions listed
 4-5     by Subsection (a) to this chapter, "insurer" or "employer" means
 4-6     "state," "office," "director," or "state agency," as applicable.
 4-7           (e) [(d)]  Neither this chapter nor Subtitle A authorizes a
 4-8     cause of action or damages against the state, a state agency, or an
 4-9     employee of the state beyond the actions and damages authorized by
4-10     Chapter 101, Civil Practice and Remedies Code.
4-11           (f) [(e)]  For the purposes of this chapter and Chapter 451,
4-12     the adjutant general is considered the employer of a member of the
4-13     state military forces while engaged in authorized training or duty.
4-14           SECTION 3. Subchapter B, Chapter 501, Labor Code, is amended
4-15     by adding Section 501.027 to read as follows:
4-16           Sec. 501.027.  USE OF HEALTH CARE DELIVERY NETWORK REQUIRED.
4-17     (a)  To receive medical benefits under this chapter, an employee of
4-18     a state agency participating in the pilot program established under
4-19     Subchapter G, Chapter 412, is required to use the services of a
4-20     gateway physician or specialist who is a participating member of a
4-21     health care delivery network implemented under that subchapter. The
4-22     employee is entitled to select the employee's initial treating
4-23     doctor from the list of gateway physicians provided under
4-24     Subsection (b).
4-25           (b)  The board shall periodically provide employees of
4-26     affected agencies with a list of health care practitioners who are
4-27     gateway physicians or specialists participating as members of
 5-1     appropriate health care delivery networks.
 5-2           SECTION 4. (a)  This Act takes effect September 1, 2001.
 5-3           (b)  Not later than  December 1, 2001, the risk management
 5-4     board and the board of directors of the Research and Oversight
 5-5     Council on Workers' Compensation shall adopt rules to implement the
 5-6     pilot program established under Chapter 412, Labor Code, as amended
 5-7     by this Act.
 5-8           (c)  Chapters 412 and 501, Labor Code, as amended by this
 5-9     Act, apply only to a claim for workers' compensation benefits based
5-10     on a compensable injury that occurs on or after January 1, 2002.  A
5-11     claim based on a compensable injury that occurs before that date is
5-12     governed by the law in effect on the date that the compensable
5-13     injury occurred, and the former law is continued in effect for that
5-14     purpose.