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A BILL TO BE ENTITLED
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AN ACT
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relating to the prohibition of certain payments or other |
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inducements regarding a workers' compensation claim; providing an |
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administrative violation. |
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BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
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SECTION 1. Subchapter A, Chapter 415, Labor Code, is |
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amended by adding Section 415.0036 to read as follows: |
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Sec. 415.0036. ADMINISTRATIVE VIOLATION BY PERSON |
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PERFORMING CERTAIN CLAIM MANAGEMENT SERVICES. (a) This section |
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applies to an insurance adjuster, case manager, or other person who |
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has authority under this title to request the performance of a |
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service regarding the management of a workers' compensation claim, |
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including peer review, performance of a required medical |
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examination, or case management. |
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(b) A person described by Subsection (a) commits an |
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administrative violation if the person pays, allows, or gives, or |
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offers to pay, allow, or give, directly or indirectly, a fee, |
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rebate, or other consideration not authorized under this title for |
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the performance of a service described by Subsection (a), or for a |
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referral regarding the service, to another person as an inducement |
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for the performance or referral of the service. |
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(c) A violation under this section is a Class A |
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administrative violation. |
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SECTION 2. (a) The change in law made by this Act applies |
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only to the punishment for a violation occurring on or after the |
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effective date of this Act. For purposes of this section, a |
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violation is committed before the effective date of this Act if any |
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element of the violation occurs before the effective date. |
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(b) A violation committed before the effective date of this |
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Act is governed by the law in effect on the date the violation was |
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committed, and the former law is continued in effect for this |
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purpose. |
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SECTION 3. This Act takes effect September 1, 2007. |