SRC-LBB C.S.S.B. 1572 78(R)BILL ANALYSIS


Senate Research CenterC.S.S.B. 1572
78R14423 PB-FBy: Carona
State Affairs
5/2/2003
Committee Report (Substituted)


DIGEST AND PURPOSE 

H.B. 2600, enacted by the 77th Texas Legislature, abolished Texas Workers'
Compensation Commission's (TWCC) treatment guidelines and required that
newly adopted guidelines be nationally recognized, scientifically valid
and outcome-based.  C.S.S.B. 1572 authorizes TWCC to adopt treatment
guidelines and protocols in the workers' compensation system. 

RULEMAKING AUTHORITY

Rulemaking authority previously granted to the Texas Workers Compensation
Commission is modified in SECTION 2 (Section 413.011, Labor Code) of this
bill. 

SECTION BY SECTION ANALYSIS

SECTION 1.  Amends the heading to Section 413.011, Labor Code, to read as
follows: 

Sec.  413.011.  REIMBURSEMENT POLICIES AND GUIDELINES; TREATMENT
GUIDELINES AND PROTOCOLS. 

SECTION 2.  Amends Sections 413.011(e) and (f), Labor Code, as follows:

(e)  Authorizes the Texas Workers' Compensation Commission (TWCC) to adopt
by rule treatment guidelines, including return-to-work guidelines, and
individual treatment protocols.  Requires, except as provided by this
subsection, the treatment guidelines and protocol to be scientifically
valid and outcome-based and designed to reduce excessive or inappropriate
medical care while safeguarding necessary medical care.  Authorizes TWCC
to adopt another treatment guideline or protocol if a nationally
recognized treatment protocol or guideline is not available for adoption
by TWCC and as long as it is scientifically valid and outcome-based. 

 (f)  Makes a conforming change.

SECTION 3.  Effective date:  upon passage or September 1, 2003.