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Amend the committee printing of CSSB 5 as follows:
(1) On page 3, by striking lines 46 through 48 and
substituting the following:
"(b) A violation of Subsection (a) is an [a Class A]
administrative violation and constitutes a ground for removal from
office or termination of employment."
(2) On page 5, by striking lines 32 and 33 and substituting
the following:
"(11) correct clerical errors in the entry of orders;
and
(12) exercise other powers and perform other duties as
necessary to implement and enforce this title."
(3) On page 7, line 8, by striking "governor's office" and
substituting "Texas Workforce Commission".
(4) On page 10, line 15, by inserting a new subdivision (3)
to read as follows:
"(3) identification of whether the claimant is
receiving medical care through a workers' compensation health care
network certified under Chapter 1305, Insurance Code;"
and renumbering the subsequent subdivisions appropriately.
(5) On page 28, by striking lines 57 through 60 and
substituting the following:
"(h) A person who makes a frivolous request for a medical
examination under Subsection (b), as determined by the
commissioner, commits a violation."
(6) On page 30, by striking lines 11 through 15, and
substituting the following:
"(i) [(h)] An employee who, without good cause as determined
by the commissioner, fails or refuses to appear at the time
scheduled for an examination under Subsection (a) or (f), commits a
violation.
(7) On page 30, by striking lines 36 through 39, and
substituting the following:
"(l) A person who makes a frivolous request for a medical
examination under Subsection (a) or (f), as determined by the
commissioner, commits a violation."
(8) On page 32, by striking lines 11 through 13, and
substituting the following:
"(g) A person required to comply with Subsection (f) who
does not comply commits a violation."
(9) On page 34, line 65, by striking "or accept" and
substituting ", accept, or pay".
(10) On page 66, by striking lines 24 through 28, and
substituting the following:
"(e) An employer who willfully applies for or receives
reimbursement from the account under this section knowing that the
employer is not an eligible employer commits a violation."
(11) On page 75, between lines 47 and 48, by adding a new
SECTION 3.2751 to read as follows:
"SECTION 3.2751. Chapter 415, Labor Code, is amended by
adding a new Section 415.025 to read as follows:
Sec. 415.025. REFERENCES TO A CLASS OF VIOLATION OR
PENALTY. A reference in this code or other law, or rules of the
Texas Workers' Compensation Commission or the Department of
Workers' Compensation, to a particular class of violation,
administrative violation, or penalty, means that the penalty shall
not exceed $25,000 per day per occurrence, and each day of
noncompliance constitutes a separate violation."
(12)(a) On page 85, by striking lines 24 through 33; (b) on
page 86, between lines 46 and 47, by inserting the following:
"(5) health care facility;
(6) health care practitioner;
(7) health care provider;" and striking ll. 47-49; and
and renumbering the remaining subdivisions accordingly.
(13) On page 92, line 14, by inserting "PHYSICIAN OR"
between "CARE" and "PROVIDER".
(14) On page 92, line 19, by inserting "physician or"
between "care" and "provider".
(15) On page 92, line 19, by inserting ", as the terms
"physician" and "provider" are defined in that chapter" between
"Chapter 843" and "."
(16) On page 94, line 36, by inserting ", to the extent
covered under the employee's accident or health benefit plan,"
between "carrier" and "or".
(17) On page 94, line 41, by inserting "health care" before
"services".
(18) On page 98, line 7, by striking "employers" and
substituting "policyholders who have selected a network".
(19) On page 100, by inserting a new subsection (h) between
lines 48 and 49, to read as follows:
"(h) Treatments and services for an emergency do not require
preauthorization."