80R8582 PB-F
 
  By: Elkins H.B. No. 1911
 
 
 
   
 
 
A BILL TO BE ENTITLED
AN ACT
relating to workers' compensation fee guidelines.
       BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
       SECTION 1.  Section 413.011(d), Labor Code, is amended to
read as follows:
       (d)  Fee guidelines must be fair and reasonable and designed
to ensure the quality of medical care and to achieve effective
medical cost control. The guidelines may not provide for payment of
a fee in excess of the fee charged for similar treatment of an
injured employed individual of an equivalent standard of living and
paid by that individual or by someone acting on that individual's
behalf. [The commissioner shall consider the increased security of
payment afforded by this subtitle in establishing the fee
guidelines.] Notwithstanding Section 413.016 or any other
provision of this title, an insurance carrier may pay fees to a
health care provider that are inconsistent with the fee guidelines
adopted by the division if the insurance carrier or a network under
Chapter 1305, Insurance Code, has a contract with the health care
provider and that contract includes a specific fee schedule.
       SECTION 2.  The change in law made by this Act applies only
to a claim for workers' compensation benefits 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
that date is governed by the law in effect on the date that the
compensable injury occurred, and the former law is continued in
effect for that purpose.
       SECTION 3.  This Act takes effect September 1, 2007.