78R4698 PB-F

By:  Thompson                                                     H.B. No. 1356



A BILL TO BE ENTITLED

AN ACT

relating to the release of certain information regarding a workers' 
compensation claim.
	BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:                        
	SECTION 1.  Section 402.084(b), Labor Code, is amended to 
read as follows:   
	(b)  Information on a claim may be released as provided by 
Subsection (a) to:
		(1)  the employee or the employee's legal beneficiary;                        
		(2)  the employee's or the legal beneficiary's 
representative;              
		(3)  the employer at the time of injury;                                      
		(4)  the insurance carrier;                                                   
		(5)  the Texas Certified Self-Insurer Guaranty 
Association established under Subchapter G, Chapter 407, if that 
association has assumed the obligations of an impaired employer;
		(6)  the Texas Property and Casualty Insurance Guaranty 
Association, if that association has assumed the obligations of an 
impaired insurance company;
		(7)  a third-party litigant in a lawsuit in which the 
cause of action arises from the incident that gave rise to the 
injury;  or
		(8)  a potential subclaimant under Section 409.009 that 
is an insurance carrier that has adopted an antifraud plan under 
Article 3.97-3, Insurance Code, or the authorized representative of 
such a potential subclaimant.
	SECTION 2.  Section 402.084, Labor Code, is amended by 
adding Subsections (c-1), (c-2), and (c-3) to read as follows:
	(c-1)  An insurance carrier described by Subsection (a)(8) or  
an authorized representative of the insurance carrier may submit to 
the commission on a monthly basis a written request for claims 
information.  The commission shall provide the claims information 
on a monthly basis in an electronic format to the insurance carrier 
or representative.  The information provided under this subsection 
must include:
		(1)  the full name of the workers' compensation 
claimant;            
		(2)  the social security number of the workers' 
compensation claimant;
		(3)  the date of birth of the workers' compensation 
claimant;        
		(4)  the name of the employer of the workers' 
compensation claimant; 
		(5)  the date of the injury;                                           
		(6)  a description of the type of injury or the body 
part affected, including the workers' compensation claimant's 
description of how the injury occurred;
		(7)  the treating doctor;                                              
		(8)  the name, address, and claim number of the 
insurance carrier handling the claim;
		(9)  the name of the insurance adjustor handling the 
claim; and      
		(10)  the identifying number assigned to the claim by 
the commission and the commission field office handling the claim.
	(c-2)  A potential subclaim identified by an insurance 
carrier described by Subsection (a)(8) or  an authorized 
representative of the insurance carrier may form the basis for the 
identification and prosecution of a subclaim under this subtitle.
	(c-3)  Information received under this section by an 
insurance carrier described by Subsection (a)(8) or  an authorized 
representative of the insurance carrier remains subject to 
confidentiality requirements of this subtitle while in the 
possession of the insurance carrier or representative.  However, 
the following laws do not prohibit the commission from disclosing 
full information regarding a claim as necessary to determine if a 
valid subclaim exists:
		(1)  Chapter 552, Government Code;                                     
		(2)  Chapter 159, Occupations Code; or                                 
		(3)  any other analogous law restricting disclosure of 
health care information.
	SECTION 3.  Section 402.084(d), Labor Code, is amended to 
read as follows:   
	(d)  [Information on a claim relating to a subclaimant under 
Subsection (b)(8) may include information, in an electronic data 
format, on all workers' compensation claims necessary to determine 
if a subclaim exists.  The information on a claim remains subject to 
confidentiality requirements while in the possession of a 
subclaimant or representative.]  The commission by rule may 
establish a reasonable fee for all information requested by an 
insurance carrier described by Subsection (a)(8) or  an authorized 
representative of the insurance carrier [under this subsection] in 
an electronic data format [by subclaimants or authorized 
representatives of subclaimants].  The commission shall adopt rules 
under Section 401.024(d) to establish:
		(1)  reasonable security parameters for all transfers 
of information requested under this section [subsection] in 
electronic data format;  and
		(2)  requirements regarding the maintenance of 
electronic data in the possession of an insurance carrier described 
by Subsection (a)(8) or  an authorized representative of the 
insurance carrier [a subclaimant or the subclaimant's 
representative].
	SECTION 4.  This Act takes effect September 1, 2003, and 
applies only to a claim for workers' compensation benefits based on 
a compensable injury that occurs on or after that date.  A claim 
based on a compensable injury that occurs before that date is 
governed by the law in effect on the date that the compensable 
injury occurred, and the former law is continued in effect for that 
purpose.