79R6244 PB-D

By:  Giddings                                                     H.B. No. 3121



A BILL TO BE ENTITLED

AN ACT

relating to the continuation and operation of the workers' 
compensation system of this state.
	BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:                        
	SECTION 1.  Section 401.002, Labor Code, is amended to read 
as follows:      
	Sec. 401.002.  APPLICATION OF SUNSET ACT.  The Texas 
Workers' Compensation Commission is subject to Chapter 325, 
Government Code (Texas Sunset Act). Unless continued in existence 
as provided by that chapter, the commission is abolished September 
1, 2017 [2005].
	SECTION 2.  Subchapter A, Chapter 401, Labor Code, is 
amended by adding Section 401.004 to read as follows:
	Sec. 401.004. LEGISLATIVE INTENT.  It is the intent of the 
legislature that the workers' compensation system of this state:
		(1)  promote safe and healthy workplaces;                              
		(2)  encourage the safe and timely return of injured 
employees to the workforce;
		(3)  provide appropriate  and cost-effective income 
benefits and medical benefits; and
		(4)  provide appropriate and high-quality medical care 
to restore the injured employee's physical condition and earning 
capacity.
	SECTION 3.  Section 401.011, Labor Code, is amended by 
adding Subdivision (35-a) to read as follows:
		(35-a)  "Provider network" means a health benefit plan 
under which health care services are provided through contracts 
with health care providers to individuals covered under the plan 
and  that requires those individuals to use health care providers 
participating in the plan and procedures covered by the plan.  The 
term includes a network operated by:
			(A)  a health maintenance organization;                               
			(B)  a preferred provider benefit plan issuer; or                     
			(C)  another entity that offers a managed care 
plan, including an insurance company.
	SECTION 4.  Subchapter B, Chapter 408, Labor Code, is 
amended by adding Section 408.031 to read as follows:
	Sec. 408.031.  STUDY ON PROVIDER NETWORKS.  The commission 
shall study the use of provider networks in the provision of medical 
benefits for injured employees.
	SECTION 5.  Subchapter A, Chapter 410, Labor Code, is 
amended by adding Section 410.007 to read as follows:
	Sec. 410.007.  PRECEDENT MANUAL FOR CERTAIN DISPUTES.   The 
commissioner by rule shall adopt a precedent manual for workers' 
compensation disputes regarding income benefits.
	SECTION 6.  Sections 408.0221, 408.0222, and 408.0223, Labor 
Code, are repealed.
	SECTION 7.  This Act takes effect September 1, 2005.