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Amend CSSB 5 by adding a new Section ____ on page ____ of the
bill and renumber the remaining sections as appropriate:
Subchapter A, Chapter 410, Labor Code, is amended by adding
Section 410.007 to read as follows:
Section 410.007. RECOGNITION OF ALTERNATIVE
AGREEMENTS. (a) Notwithstanding any other provision of this
subtitle and except as provided by Subsections (c) and (d), if an
agreement entered into pursuant to 21 U.S.C. Section 151 et seq., 45
U.S.C. Section 151 et. seq. or Local Government Code Chapter 174,
between a certified self insurer, an individually insured employer
or an employer that is insured through an employer association
engaged in construction, construction maintenance, or construction
inspection, and a labor organization that is the recognized or
certified exclusive representative for employees employed by any
such entity who receive workers compensation coverage is filed with
the commission, a mutually agreed upon provision of the agreement
is valid and binding upon the parties to the agreement if it does
any or all of the following:
(1) establishes an alternative dispute resolution
system which may include, but is not limited to, provisions for
conciliation, mediation, and arbitration that supplement, modify
or replace the provisions of Subchapter c;
(2) adopts an agreed-upon 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;
(6) adopts a vocational rehabilitation or retraining
program that uses an agreed-upon list of providers of
rehabilitation services as the exclusive source of providers of
rehabilitation services under this article.
(b) An agreement described by this section may provide that
arbitration held pursuant to 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
compensation payments 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.
(e) The Commissioner shall promulgate rules necessary for
the implementation of this Section.
(f) By September 1, 2006, and annually thereafter, the
commissioner shall prepare and report to the Legislature that a
report which is to be based upon aggregate data and shall include
the following:
(1) Person hours and payroll covered by agreements
filed.
(2) The number of claims filed.
(3) The average cost per claim shall be reported by
cost components whenever practicable.
(4) The number of litigated claims, including the
number of claims submitted to mediation, arbitration, and district
court.
(5) The number of contested claims resolved prior to
arbitration.
(6) The projected incurred costs and actual costs of
claims.
(7) Safety history.
(8) The number of workers participating in vocational
rehabilitation.
(9) The number of workers participating in light-duty
programs. The commissioner shall have the authority to require
those employers and groups of employers listed in subdivision (c)
to provide the data listed above.