| |
|
|
A BILL TO BE ENTITLED
|
|
|
AN ACT
|
|
|
relating to the timely submission of a claim for payment by a |
|
|
workers' compensation health care provider. |
|
|
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
|
|
SECTION 1. Subchapter B, Chapter 408, Labor Code, is |
|
|
amended by adding Section 408.0272 to read as follows: |
|
|
Sec. 408.0272. EFFECT OF ERRONEOUS SUBMISSION OF CLAIM TO |
|
|
GROUP ACCIDENT AND HEALTH INSURER. (a) In this section, "group |
|
|
accident and health insurance" has the meaning assigned by Chapter |
|
|
1251, Insurance Code. |
|
|
(b) Notwithstanding Section 408.027, a health care provider |
|
|
who fails to timely submit a claim for payment to the insurance |
|
|
carrier under Section 408.027(a) does not forfeit the provider's |
|
|
right to reimbursement for that claim for payment solely for |
|
|
failure to submit a timely claim if the provider submits proof |
|
|
satisfactory to the commissioner that the provider, within the |
|
|
period prescribed by Section 408.027(a), erroneously filed for |
|
|
reimbursement with: |
|
|
(1) the insurer that issues a policy of group accident |
|
|
and health insurance under which the injured employee is a covered |
|
|
insured; or |
|
|
(2) a workers' compensation insurance carrier other |
|
|
than the insurance carrier liable for the payment of benefits under |
|
|
this title. |
|
|
SECTION 2. Section 408.0272, Labor Code, as added by this |
|
|
Act, applies to a claim based on a compensable injury that occurs on |
|
|
or after the effective date of this Act. A claim based on a |
|
|
compensable injury that occurs before the effective date of this |
|
|
Act is governed by the law in effect on the date the injury |
|
|
occurred, and the former law is continued in effect for that |
|
|
purpose. |
|
|
SECTION 3. This Act takes effect September 1, 2007. |