C.S.S.B. 1574 78(R)    BILL ANALYSIS


C.S.S.B. 1574
By: Carona
Business & Industry
Committee Report (Substituted)

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.  CSSB 1574 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.   

CSSB 1574 would address some of the confidentiality concerns about sharing
information among 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.   

CSSB 1574 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 413.0511(b) of the Labor Code, to clarify that the MQRP
may 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.  Amends Section
413.0512(d), Labor Code, to provide immunity from civil liability and
suits for actions undertaken as a member of the Medical Quality Review
Panel and applies regardless of whether the person is a member of the
panel at the time the action is brought.  Amends Section 413.0513, of the
Labor Code, providing for confidentiality of information.  Adds Sections
413.0514 and 413.0515 to the Labor Code allowing information sharing among
TWCC, BME and BCE, including reports of physician and chiropractic
violations.  Amends Section 160.006(a), Occupations Code, further
clarifying TWCC access to information.  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.  Changes made by this Act apply to
information without regard to the date the information is collected,
compiled, developed or shared between the agencies; effective date.   

EFFECTIVE DATE
Immediate effect with two-thirds vote, or failing such a vote, September
1, 2003. 

COMPARISON OF ORIGINAL TO SUBSTITUTE
The substitute bill grants Medical Quality Review Panel members further
immunity from civil liability and suits for actions undertaken as a member
of the panel given certain circumstances and conditions; this immunity
applies regardless of whether the person is a current member of the panel.
The substitute also adds a new definition for  average weekly wage which
is used in  
determining worker compensation benefits.