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A BILL TO BE ENTITLED
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AN ACT
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relating to the resolution of certain medical disputes regarding |
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workers' compensation claims. |
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BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
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SECTION 1. Section 413.031, Labor Code, is amended by |
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amending Subsection (k) and adding Subsections (k-1) and (k-2) to |
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read as follows: |
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(k) A [Except as provided by Subsection (l), a] party to a |
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medical dispute, other than a medical dispute regarding spinal |
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surgery subject to Subsection (l), that remains unresolved after a |
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review of the medical service under this section is entitled to a |
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hearing. A hearing under this subsection shall be conducted by the |
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State Office of Administrative Hearings not later than the 60th day |
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after the date on which the party notifies the division of the |
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request for a hearing. The hearing shall be conducted in the manner |
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provided for a contested case under Chapter 2001, Government Code. |
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(k-1) A party who has exhausted all administrative remedies |
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under Subsection (k) and who is aggrieved by a final decision of the |
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State Office of Administrative Hearings may seek judicial review of |
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the decision. Judicial review under this subsection shall be |
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conducted in the manner provided for judicial review of a contested |
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case under Subchapter G, Chapter 2001, Government Code. |
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(k-2) The division and the department are not considered to |
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be parties to the medical dispute for purposes of Subsections (k) |
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and (k-1) [this subsection.
Judicial review under this subsection
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shall be conducted in the manner provided for judicial review of
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contested cases under Subchapter G, Chapter 2001, Government Code]. |
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SECTION 2. (a) Except as provided by Subsection (b) of this |
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section, the change in law made by this Act applies to a workers' |
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compensation medical dispute described by Section 413.031, Labor |
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Code, as amended by this Act: |
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(1) that is pending for a hearing by the division of |
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workers' compensation of the Texas Department of Insurance on the |
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effective date of this Act; or |
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(2) that arises on or after the effective date of this |
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Act. |
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(b) A court in which judicial review of a workers' |
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compensation medical dispute described by Section 413.031, Labor |
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Code, as amended by this Act, is pending on the effective date of |
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this Act shall dismiss the case to permit the party bringing the |
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action to obtain a hearing in the manner described by Subsection |
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(k), Section 413.031, Labor Code, as amended by this Act. A |
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dismissal under this subsection is without prejudice to the ability |
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of the party to bring a new action under Subsection (k-1), Section |
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413.031, Labor Code, as added by this Act. |
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SECTION 3. This Act takes effect September 1, 2007. |
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