BILL ANALYSIS

 

 

Senate Research Center                                                                                                     H.B. 1003

                                                                                                                       By: Giddings (Watson)

                                                                                                                                       State Affairs

                                                                                                                                            4/12/2007

                                                                                                                                           Engrossed

 

 

AUTHOR'S / SPONSOR'S STATEMENT OF INTENT

 

Currently, independent review organizations that review workers’ compensation cases are authorized to use doctors not licensed in this state.  However, this limits the ability of the division of workers’ compensation of the Texas Department of Insurance to sanction reviewing doctors for misconduct, if misconduct is found.

 

H.B. 1003 requires an independent review organization that uses doctors to perform reviews of health care services in workers’ compensation cases to use only doctors licensed to practice in Texas.  The bill also changes a reference to repealed legislation to reflect current law.

 

RULEMAKING AUTHORITY

 

This bill does not expressly grant any additional rulemaking authority to a state officer, institution, or agency.

 

SECTION BY SECTION ANALYSIS

 

SECTION 1.  Amends Section 401.011, Labor Code, by adding Subdivision (25-a), to define “independent review organization.”

 

SECTION 2.  Amends Section 413.031, Labor Code, by amending Subsections (d) and (e) and adding Subsection (e-2), as follows:

 

(d)  Changes a reference to Article 21.58C (repealed), Insurance Code, to Chapter 4202 (Independent Review Organizations), Insurance Code.

 

(e)  Makes a conforming change.

 

(e-2)  Authorizes an independent review organization that uses doctors to perform reviews of health care services provided under this title to use only doctors licensed to practice in this state, notwithstanding Section 4202.002 (Adoption of Standards for Independent Review Organizations), Insurance Code.

 

SECTION 3.  Amends Sections 1305.355(a) and (d), Insurance Code, as follows:

 

(a)  Makes a conforming change.

 

(d)  Authorizes an independent review organization that uses doctors to perform reviews of health care services provided under this title to use only doctors licensed to practice in this state, notwithstanding Section 4202.002, Insurance Code.

 

SECTION 4.  Makes application of this Act prospective.

 

SECTION 5.  Effective date: September 1, 2007.