By Van de Putte S.B. No. 1151 77R8054 JMM-D A BILL TO BE ENTITLED 1-1 AN ACT 1-2 relating to the duties of employers and insurance carriers in a 1-3 workers' compensation proceeding. 1-4 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: 1-5 SECTION 1. Subchapter C, Chapter 401, Labor Code, is amended 1-6 by adding Section 401.025 to read as follows: 1-7 Sec. 401.025. OBLIGATIONS OF EMPLOYERS AND INSURANCE 1-8 CARRIERS. (a) Under this subtitle, an employer has the duty to: 1-9 (1) inform each employee of the benefits, both 1-10 monetary and medical, to which the employee is entitled and to 1-11 assist an injured employee in submitting required forms; 1-12 (2) inform an employee of the right to medical care 1-13 that is reasonable and necessary to treat the employee's 1-14 work-related injury or illness for the rest of the employee's life; 1-15 (3) inform an injured employee of the right to choose 1-16 the employee's doctor and of the right to change the treating 1-17 doctor; 1-18 (4) inform an employee of the right to legal 1-19 representation and of the right to assistance from the commission's 1-20 ombudsman; 1-21 (5) inform an employee of the right to the 1-22 confidentiality of records; 1-23 (6) refrain from engaging in retaliatory action 1-24 against an employee who asserts the employee's rights under this 2-1 subtitle; 2-2 (7) provide information and assistance to an employee 2-3 in the employee's language of choice; and 2-4 (8) provide information to an employee orally if the 2-5 employee is unable to read or to comprehend the employee's rights. 2-6 (b) Under this subtitle, an insurance carrier has the duty 2-7 to: 2-8 (1) disclose the carrier's identity for the purpose of 2-9 gathering data or information pertinent to an injured employee's 2-10 claim; 2-11 (2) notify an injured employee of the employee's right 2-12 to be represented by an attorney to represent the employee's 2-13 interests if the carrier is represented by an attorney at any 2-14 hearing or trial; 2-15 (3) disclose any investigation surveillance to the 2-16 injured employee and the commission; 2-17 (4) maintain in a permanent file the name and license 2-18 or registration number of any investigator and to make that 2-19 information available to the employee at a hearing or conference; 2-20 (5) ensure that any investigation by the carrier is 2-21 performed by an investigator holding the proper license or 2-22 registration from the Texas Commission on Private Security; and 2-23 (6) provide health care without making: 2-24 (A) any financial incentives to health care 2-25 providers; and 2-26 (B) a payment to a physician or other health 2-27 care provider that serves as an inducement to limit medically 3-1 necessary services. 3-2 (c) The commission shall report a violation of Subsection 3-3 (b)(5) to the Texas Commission on Private Security. 3-4 SECTION 2. This Act takes effect immediately if it receives 3-5 a vote of two-thirds of all the members elected to each house, as 3-6 provided by Section 39, Article III, Texas Constitution. If this 3-7 Act does not receive the vote necessary for immediate effect, this 3-8 Act takes effect September 1, 2001.