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By: Solomons, et al. (Senate Sponsor - Brimer) |
H.B. No. 34 |
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(In the Senate - Received from the House March 29, 2007; |
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April 3, 2007, read first time and referred to Committee on State |
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Affairs; April 30, 2007, reported adversely, with favorable |
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Committee Substitute by the following vote: Yeas 9, Nays 0; |
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April 30, 2007, sent to printer.) |
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COMMITTEE SUBSTITUTE FOR H.B. No. 34 |
By: Lucio |
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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 SERVICES. (a) This section applies to an |
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insurance adjuster, case manager, or other person who has authority |
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under this title to request the performance of a service affecting |
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the delivery of benefits to an injured employee or who actually |
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performs such a service, including peer reviews, performance of |
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required medical examinations, 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 offers to pay, pays, |
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solicits, or receives an improper inducement relating to the |
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delivery of benefits to an injured employee or improperly attempts |
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to influence the delivery of benefits to an injured employee, |
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including through the making of improper threats. This section |
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applies to each person described by Subsection (a) who is a |
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participant in the workers' compensation system of this state and |
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to an agent of such a person. |
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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 that |
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purpose. |
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SECTION 3. This Act takes effect September 1, 2007. |
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* * * * * |