By: Giddings H.B. No. 3590
A BILL TO BE ENTITLED
AN ACT
relating to medical management issues and average weekly wage
benchmarks in the Texas workers' compensation system.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
ARTICLE 1. INFORMATION EXCHANGE
SECTION 1.01. Section 413.0511, Labor Code, is amended by
amending subsection (b)(6) to read as follows:
Sec. 413.0511. MEDICAL ADVISOR.
(b) The medical advisor shall make recommendations
regarding the adoption of rules to:
(6) pursuant to Section 413.012, 413.0513 and
413.0514, receive, and share with the medical quality review panel
established under Section 413.0512, confidential information or
information to which access is otherwise restricted by law from the
Texas State Board of Medical Examiners, the Texas Board of
Chiropractic Examiners, or other occupational licensing boards
regarding [disciplinary actions imposed on] a physician,
chiropractor, or other type of doctor who applies for registration
or is registered with the commission on the list of approved
doctors; and
(7) determine minimal modifications to the
reimbursement methodology and model used by the Medicare system as
necessary to meet occupational injury requirements.
SECTION 1.02. Section 413.0513, Labor Code, is amended by
amending subsections (a) and (b) and adding Subsection (c) to read
as follows:
Sec. 413.0513. CONFIDENTIALITY REQUIREMENTS. (a)
Information collected, assembled, or maintained by or on behalf of
the commission under Section 413.0511 or 413.0512 is an
investigation file under Section 402.092. [, and] Information
collected, assembled, or maintained by or on behalf of the
commission under Section 413.0511 or 413.0512 that is confidential
information or information to which access is otherwise restricted
under law, may not be disclosed under Section 413.0511 or 413.0512
except:
(1) in a criminal proceeding;
(2) in a hearing conducted by or on behalf of the
commission;
(3) in a hearing conducted by another licensing or
regulatory authority, as provided in the interagency agreement; or
(4) on a finding of good cause in an administrative or
judicial proceeding involving the enforcement of this subtitle or
in a disciplinary action under this subtitle.
(b) Confidential information and information to which
access is otherwise restricted by law developed by or on behalf of
the commission under Section 413.0511 or 413.0512 is not subject to
discovery or court subpoena in any action other than:
(1) an action to enforce this subtitle brought by the
commission, an appropriate licensing or regulatory agency, or an
appropriate enforcement authority; or
(2) a criminal proceeding.
(c) Any information sent from the Texas State Board of
Medical Examiners to the commission that is confidential or to
which access is otherwise restricted under law is not subject to
disclosure under Subsection 413.0513.
SECTION 1.03. Chapter 413, Subchapter E, Labor Code, is
amended by adding section 413.0514 and section 413.0515 to read as
follows:
Sec. 413.0514. INFORMATION SHARING WITH OCCUPATIONAL
LICENSING BOARDS. (a) This section applies only to information
held by or for the commission, the Texas State Board of Medical
Examiners, and Texas Board of Chiropractic Examiners that relates
to a person who is licensed or otherwise regulated by any of those
state agencies.
(b) The commission and the Texas State Board of Medical
Examiners on request or on its own initiative, may share with each
other confidential information or information to which access is
otherwise restricted by law. The commission and the Texas State
Board of Medical Examiners shall cooperate with and assist each
other when either agency is conducting an investigation by
providing information to each other that the sending agency
determines is relevant to the investigation. Except as provided by
this section, confidential information that is shared under this
section remains confidential under law and legal restrictions on
access to the information remain in effect. Furnishing information
by the Texas State Board of Medical Examiners to the commission
under this Subsection does not constitute a waiver of privilege or
confidentiality as established by law.
(c) Information that is received by a state agency the
commission from the Texas State Board of Medical Examiners-remains
confidential, and may not be disclosed by the state agency
commission-except as necessary to further the investigation., and
shall be exempt from disclosure under Labor Code Section 402.092
and Section 413.0513.
(d) The commission and the Texas Board of Chiropractic
Examiners on request or on its own initiative, may share with each
other confidential information or information to which access is
otherwise restricted by law. The commission and the Texas Board of
Chiropractic Examiners shall cooperate with and assist each other
when either agency is conducting an investigation by providing
information to each other that is relevant to the investigation.
Except as provided by this section, confidential information that
is shared under this section remains confidential under law and
legal restrictions on access to the information remain in effect
unless the agency sharing the information approves use of the
information by the receiving agency for enforcement purposes.
(e) The commission and the Texas State Board of Medical
Examiners shall provide information to each other on all
disciplinary actions taken.
(f) The commission and the Texas Board of Chiropractic
Examiners shall provide information to each other on all
disciplinary actions taken.
Sec. 413.0515. REPORTS OF PHYSICIAN OR CHIROPRACTOR
VIOLATIONS. (a) If the commission or the Texas State Board of
Medical Examiners discovers an act or omission by a physician that
may constitute a felony, a misdemeanor involving moral turpitude, a
violation of a state or federal narcotics or controlled substance
law, an offense involving fraud or abuse under the Medicare or
Medicaid program, or a violation of this subtitle, each shall
immediately report that act or omission to the other.
(b) If the commission or the Texas board of Chiropractic
Examiners discovers an act or omission by a chiropractor that may
constitute a felony, a misdemeanor involving moral turpitude, a
violation of a state or federal narcotics or controlled substance
law, an offense involving fraud or abuse under the Medicare or
Medicaid program, or a violation of this subtitle, each shall
immediately report that act or omission to the other.
SECTION 1.04. Section 160.006, Subsection (a), Occupations
Code, is amended to read as follows:
Sec. 160.006. BOARD CONFIDENTIALITY. (a) A record,
report, or other information received and maintained by the board
under this subchapter or Subchapter B, including any material
received or developed by the board during an investigation or
hearing and the identity of, and reports made by, a physician
performing or supervising compliance monitoring for the board, is
confidential. The board may disclose this information only:
(1) in a disciplinary hearing before the board or in a
subsequent trial or appeal of a board action or order;
(2) to the physician licensing or disciplinary
authority of another jurisdiction, to a local, state, or national
professional medical society or association, or to a medical peer
review committee located inside or outside this state that is
concerned with granting, limiting, or denying a physician hospital
privileges;
(3) under a court order; [or]
(4) to qualified personnel for bona fide research or
educational purposes, if personally identifiable information
relating to any physician or other individual is first deleted; or
(5) to the Texas Workers' Compensation Commission
pursuant to Labor Code Section 413.0514.
ARTICLE 2. MEDICAL QUALITY REVIEW PANEL IMMUNITY
SECTION 2.01. Section 413.0512, Labor Code, is amended by
amending Subsection (d) to read as follows:
Sec. 413.0512. MEDICAL QUALITY REVIEW PANEL.
(d) A person who serves on the medical quality review panel
is immune from civil liability [not liable on a civil action] for an
act performed or recommendation made within the scope of the
functions of the panel, if that member acts without malice and in
the reasonable belief that the action or recommendation is
warranted by the facts known to that person. A person who serves on
the panel [performed in good faith as a member of the panel and] is
entitled to the same protections afforded a commission member under
Section 402.010, in the event of a civil action brought against a
member of the panel arising from the member's participation on the
panel.
ARTICLE 3. STATE AVERAGE WEEKLY WAGE
SECTION 3.01. Section 408.047, Labor Code, is amended to
read as follows:
Sec. 408.047. STATE AVERAGE WEEKLY WAGE. The state average
weekly wage for the fiscal year beginning September 1, 2003 and
ending August 31, 2004 is $537, and for the fiscal year beginning
September 1, 2004 and ending August 31, 2005 is $539 [equals the
annual average of the average weekly wage of manufacturing
production workers in this state, as determined by the Texas
Employment Commission].
ARTICLE 4. EFFECTIVE DATE
SECTION 4.01. This Act takes effect immediately if it
receives a vote of two-thirds of all the members elected to each
house, as provided by Section 39, Article III, Texas Constitution.
If this Act does not receive the vote necessary for immediate
effect, this Act takes effect September 1, 2003.