H.B. 3590 78(R)    BILL ANALYSIS


H.B. 3590
By: Giddings
Business & Industry
Committee Report (Unamended)



BACKGROUND AND PURPOSE 

HB 2600, passed last session, required the Texas Workers' Compensation
Commission (TWCC) to review the practices of doctors and insurance
carriers to improve the quality of medical care and lower costs in the
workers' compensation system.  HB 3590 would allow TWCC to move forward on
reviews of doctors and insurance carriers as described in HB 2600.  By
giving stronger immunity protections to members of TWCC's Medical Quality
Review Panel (MQRP) , the bill would ensure they cannot be sued for
performing their reviews in good faith.  HB 2600 created the MQRP to give
TWCC additional medical expertise to monitor and sanction bad doctors and
insurance carriers.   

HB 3590 would address some of the confidentiality concerns about sharing
information  between TWCC  and the Board of Medical Examiners (BME) and
the Board of Chiropractic Examiners (BCE), since those entities also
regulate doctors; this should allow the agencies to work more closely
during individual investigations and disciplinary actions.   

HB 3590 also addresses an issue that was recently discovered by TWCC
relating to how the weekly or monthly cap of income benefits for injured
workers is calculated.  Currently, income benefits that injured workers
receive are capped at 100 percent of the state average weekly wage (SAWW),
which is calculated by the Texas Workforce Commission (TWC) using the
average weekly wage for manufacturing production workers.  The industry
codes that TWC used to previously calculate the SAWW have changed; a
statutory change is needed to avoid an unintended increase in the cap on
weekly benefits.       



RULEMAKING AUTHORITY

It is the committee's opinion that this bill does not expressly grant any
additional rulemaking authority to a state officer, department, agency, or
institution. 


ANALYSIS

Amends Sections 413.0511and 413.0513 of the Labor Code, to allow the
medical advisor to share certain information with the Board of Medical
Examiners, the Board of Chiropractic Examiners, or other occupational
licencing boards regarding a physician, chiropractor, or other type of
doctor who applies for registration or is registered with the commission.
Clarifies that certain confidential information is not subject to
disclosure.  Adds Sections 413.0514 and 413.0515 to clarify information
sharing between the commission and the occupational licensing boards,
including disciplinary actions or violations.  Amends Section 160.006 of
the Occupations Code adding TWCC to list of entities entitled to
information.  Amends Section 413.0512, Labor Code, to provide immunity
from civil liability to actions undertaken as a member of the Medical
Quality Review Panel.  Amends Section 408.047 of the Labor Code setting
the state average weekly wage to $537 for FY 2003-2004 and to $539 for FY
2004-2005.  Effective date.   


EFFECTIVE DATE

Immediate effect with two-thirds vote, or failing this, September 1, 2003.