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  By: Jackson  S.B. No. 929
         (In the Senate - Filed February 26, 2007; March 7, 2007,
  read first time and referred to Committee on State Affairs;
  March 22, 2007, reported adversely, with favorable Committee
  Substitute by the following vote:  Yeas 9, Nays 0; March 22, 2007,
  sent to printer.)
 
  COMMITTEE SUBSTITUTE FOR S.B. No. 929 By:  Jackson
 
 
A BILL TO BE ENTITLED
 
AN ACT
 
  relating to the resolution of certain medical disputes regarding
  workers' compensation claims.
         BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
         SECTION 1.  Section 413.031, Labor Code, is amended by
  amending Subsection (k) and adding Subsections (k-1) and (k-2) to
  read as follows:
         (k)  A [Except as provided by Subsection (l), a] party to a
  medical dispute, other than a medical dispute regarding spinal
  surgery subject to Subsection (l), that remains unresolved after a
  review of the medical service under this section is entitled to a
  hearing. A hearing under this subsection shall be conducted by the
  State Office of Administrative Hearings not later than the 60th day
  after the date on which the party notifies the division of the
  request for a hearing.  The hearing shall be conducted in the manner
  provided for a contested case under Chapter 2001, Government Code.
         (k-1)  A party who has exhausted all administrative remedies
  under Subsection (k) and who is aggrieved by a final decision of the
  State Office of Administrative Hearings may seek judicial review of
  the decision. Judicial review under this subsection shall be
  conducted in the manner provided for judicial review of a contested
  case under Subchapter G, Chapter 2001, Government Code.
         (k-2)  The division and the department are not considered to
  be parties to the medical dispute for purposes of Subsections (k)
  and (k-1) [this subsection.   Judicial review under this subsection
  shall be conducted in the manner provided for judicial review of
  contested cases under Subchapter G, Chapter 2001, Government Code].
         SECTION 2.  (a) Except as provided by Subsection (b) of this
  section, the change in law made by this Act applies to a workers'
  compensation medical dispute described by Section 413.031, Labor
  Code, as amended by this Act:
               (1)  that is pending for a hearing by the division of
  workers' compensation of the Texas Department of Insurance on the
  effective date of this Act; or
               (2)  that arises on or after the effective date of this
  Act.
         (b)  A court in which judicial review of a workers'
  compensation medical dispute described by Section 413.031, Labor
  Code, as amended by this Act, is pending on the effective date of
  this Act shall dismiss the case to permit the party bringing the
  action to obtain a hearing in the manner described by Subsection
  (k), Section 413.031, Labor Code, as amended by this Act. A
  dismissal under this subsection is without prejudice to the ability
  of the party to bring a new action under Subsection (k-1), Section
  413.031, Labor Code, as added by this Act.
         SECTION 3.  This Act takes effect September 1, 2007.
 
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