Amend CSHB 7 on page 254, between lines 13 and 14, by
inserting a new SECTION 1.3955 to read as follows:
SECTION 1.3955. Chapter 410, Labor Code, is amended by
adding Subchapter H to read as follows:
SUBCHAPTER H. PILOT PROGRAM ON
VOLUNTARY ALTERNATIVE AGREEMENTS
Sec. 410.351. PILOT PROGRAM; RECOGNITION OF MUTUALLY
VOLUNTARY ALTERNATIVE AGREEMENTS. (a) Notwithstanding any other
provision of this subtitle and except as provided by Subsections
(c) and (d), if a mutually voluntary agreement entered into under 29
U.S.C. Section 151 et seq., 45 U.S.C. Section 151 et seq., or
Chapter 174, Local Government Code, between a certified
self-insurer, an individually insured employer, or an employer
engaged in construction, construction maintenance, or construction
inspection, and a labor organization that is the recognized or
certified exclusive representative for employees employed by such a
self-insurer or employer who receive workers' compensation
coverage is filed with the department, a voluntarily mutually
agreed-on provision of the agreement is valid and binding on the
parties to the agreement if it does any or all of the following:
(1) establishes an alternative dispute resolution
system, which may include provisions for conciliation, mediation,
and arbitration that supplement, modify, or replace the provisions
of Subchapter C;
(2) adopts an agreed-on list of health care providers
of medical treatment as the exclusive source of all medical
treatment provided under this subtitle;
(3) adopts a limited list of physicians to conduct
independent medical examinations that the parties may agree is the
exclusive source of independent medical examiners under this
subtitle;
(4) adopts a case management, patient advocate,
utilization review, or similar program or combination of programs
intended to improve the quality and control the cost of medical and
related treatment and care;
(5) adopts a light-duty, modified-job, or
return-to-work program; or
(6) adopts a vocational rehabilitation or retraining
program that uses an agreed-on list of providers of rehabilitation
services as the exclusive source of providers of rehabilitation
services under this subtitle.
(b) A mutually voluntary agreement described by this
section may provide that arbitration held under the agreement:
(1) is binding on the parties; or
(2) is subject to review in the same manner as a final
decision issued by a hearing officer under Subchapter D.
(c) This section may not be construed to permit an agreement
that:
(1) diminishes an employee's entitlement to benefits
for total or partial disability, vocational rehabilitation, or
medical treatment that are fully paid by the employee's employer or
as otherwise provided by this subtitle; or
(2) denies an employee the right to legal
representation at each stage of the alternative dispute resolution
process under this chapter.
(d) Any portion of an agreement that violates Subsection (c)
is null and void.
Sec. 410.352. RULES. The commissioner shall adopt rules as
necessary to implement this subchapter.
Sec. 410.353. ANNUAL REPORT. (a) Not later than September
30, 2006, and annually thereafter, the commissioner shall prepare
and submit to the lieutenant governor, the speaker of the house of
representatives, and the legislature a report, based on aggregate
data, that includes the following regarding the operation of the
pilot program established under Section 410.351:
(1) the number of employees and the amount of payroll
covered by agreements filed under Section 410.351;
(2) the number of claims filed under the pilot
program;
(3) the average cost per claim, reported by cost
components if practicable;
(4) the number of litigated claims, including the
number of claims submitted to mediation, arbitration, and judicial
review;
(5) the number of contested claims resolved prior to
arbitration;
(6) the projected incurred costs and actual costs of
claims;
(7) the safety history of entities participating in
the pilot program;
(8) the number of employees participating in the pilot
program receiving vocational rehabilitation services; and
(9) the number of employees participating in the pilot
program participating in light-duty programs.
(b) The commissioner may require the self-insurers and
employers described by Section 410.351(a) to provide any necessary
information required for the report.
Sec. 410.354. EXPIRATION. This subchapter expires and the
pilot program is abolished effective September 1, 2015.