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78R16848 T


By:  Carona                                                       S.B. No. 1574

Substitute the following for S.B. No. 1574:                                   

By:  Giddings                                                 C.S.S.B. No. 1574


A BILL TO BE ENTITLED
AN ACT
relating to the administration and regulation of the state's workers' compensation insurance system. BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: SECTION 1. Section 413.0511(b), Labor Code, is amended to read as follows: (b) The medical advisor shall make recommendations regarding the adoption of rules to: (1) develop, maintain, and review guidelines as provided by Section 413.011, including rules regarding impairment ratings; (2) review compliance with those guidelines; (3) regulate or perform other acts related to medical benefits as required by the commission; (4) impose sanctions or delete doctors from the commission's list of approved doctors under Section 408.023 for: (A) any reason described by Section 408.0231; or (B) noncompliance with commission rules; (5) impose conditions or restrictions as authorized by Section 408.0231(f); (6) receive, and share with the medical quality review panel established under Section 413.0512, confidential information, and other information to which access is otherwise restricted by law, as provided by Sections 413.0512, 413.0513, and 413.0514 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 2. Section 413.0512(d), Labor Code, is amended to read as follows: (d) A person who serves on the medical quality review panel is immune from suit and from civil liability [not liable in a civil action] for an act performed, or a recommendation made, within the scope of the person's functions as a member of the panel if the person acts without malice and in the reasonable belief that the action or recommendation is warranted by the facts known to that person. In the event of a civil action brought against a member of the panel that arises from the person's participation on the panel, the person [in good faith as a member of the panel and] is entitled to the same protections afforded a commission member under Section 402.010. SECTION 3. Section 413.0513, Labor Code, is amended 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 constitutes an investigation file for purposes of Section 402.092[,] and [that is confidential under law,] may not be disclosed under Section 413.0511 or 413.0512 except as provided by that section[: [(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 other information to which access is 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. SECTION 4. Subchapter E, Chapter 413, Labor Code, is amended by adding Sections 413.0514 and 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 or by the commission to the Texas State Board of Medical Examiners under this Subsection does not constitute a waiver of privilege or confidentiality as established by law. (c) Information that is received by the commission from the Texas State Board of Medical Examiners or by the Texas State Board of Medical Examiners from the commission remains confidential, may not be disclosed by the 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. Furnishing information by the Texas Board of Chiropractic Examiners to the commission or by the commission to the Texas Board of Chiropractic Examiners under this Subsection does not constitute a waiver of privilege or confidentiality as established by law. (e) Information that is received by the commission from the Texas Board of Chiropractic Examiners or by the Texas Board of Chiropractic Examiners remains confidential and may not be disclosed by the commission except as necessary to further the investigation unless the agency sharing the information and the agency receiving the information agree to use of the information by the receiving agency for enforcement purposes. (f) The commission and the Texas State Board of Medical Examiners shall provide information to each other on all disciplinary actions taken. (g) 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 AND 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 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, the agency shall report that act or omission to the other agency. (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 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, the agency shall report that act or omission to the other agency. SECTION 5. Section 160.006(a), Occupations Code, is amended to read as follows: (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 as provided by Section 413.0514, Labor Code. SECTION 6. 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]. SECTION 7. Section 413.0512(d), Labor Code, as amended by this Act, applies to a member of the medical quality review panel regardless of whether the person is a member of the panel at the time the action is brought. SECTION 8. (a) The changes in law made by this Act apply to information maintained by or on behalf of the Texas Workers' Compensation Commission, the Texas State Board of Medical Examiners, or the Texas Board of Chiropractic Examiners without regard to the date the information is collected, compiled, developed, or shared between the agencies. (b) 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.