| |
| |
|
|
A BILL TO BE ENTITLED
|
|
|
AN ACT
|
|
|
relating to certain services provided by the office of injured |
|
|
employee counsel under the workers' compensation program of this |
|
|
state. |
|
|
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
|
|
SECTION 1. Subchapter C, Chapter 404, Labor Code, is |
|
|
amended by adding Section 404.1015 to read as follows: |
|
|
Sec. 404.1015. REFUSAL TO PROVIDE OR TERMINATION OF |
|
|
SERVICES. (a) The public counsel may refuse to provide or may |
|
|
terminate the services of the office to any claimant who: |
|
|
(1) is abusive or violent to or who threatens any |
|
|
employee of the office; |
|
|
(2) makes unreasonable demands for office services or |
|
|
for assistance in claiming benefits not provided by law; or |
|
|
(3) commits or threatens to commit a criminal act in |
|
|
pursuit of a workers' compensation claim. |
|
|
(b) If the public counsel determines under Subsection (a) |
|
|
that the services of the office should be refused or terminated, the |
|
|
office shall inform the affected claimant in writing and notify the |
|
|
division. |
|
|
(c) The office shall notify the appropriate law enforcement |
|
|
authority if the office becomes aware that the claimant or a person |
|
|
acting on the claimant's behalf commits or threatens to commit a |
|
|
criminal act. |
|
|
SECTION 2. Section 404.105, Labor Code, is amended to read |
|
|
as follows: |
|
|
Sec. 404.105. AUTHORITY TO ASSIST INDIVIDUAL INJURED |
|
|
EMPLOYEES IN ADMINISTRATIVE PROCEDURES. (a) The office, through |
|
|
the ombudsman program, may appear before the commissioner, [or] |
|
|
division, or State Office of Administrative Hearings to provide |
|
|
assistance to [on behalf of] an individual injured employee during: |
|
|
(1) a workers' compensation [an] administrative |
|
|
dispute resolution process; or |
|
|
(2) an enforcement action by the department or |
|
|
division against an employee for a violation of the Texas Workers' |
|
|
Compensation Act. |
|
|
(b) This chapter may not be construed as requiring or |
|
|
allowing legal representation for an individual injured employee by |
|
|
an office attorney or ombudsman in any proceeding. |
|
|
SECTION 3. Section 404.109, Labor Code, is amended to read |
|
|
as follows: |
|
|
Sec. 404.109. INJURED EMPLOYEE RIGHTS; NOTICE. The public |
|
|
counsel shall adopt, in the form and manner prescribed by the public |
|
|
counsel, [submit to the division and the department for adoption by
|
|
|
the commissioners] a notice of injured employee rights and |
|
|
responsibilities to be distributed by the division as provided by |
|
|
commissioner or [and] commissioner of insurance rules. |
|
|
SECTION 4. Section 404.110, Labor Code, is amended to read |
|
|
as follows: |
|
|
Sec. 404.110. APPLICABILITY TO PUBLIC COUNSEL OF |
|
|
CONFIDENTIALITY REQUIREMENTS. (a) Confidentiality requirements |
|
|
applicable to examination reports and to the commissioner of |
|
|
insurance under Sections 401.058, 401.105, 401.106, 441.201, and |
|
|
501.158 [Article 1.18], Insurance Code, as applicable, and Section |
|
|
404.111, [and to the commissioner of insurance under Section 3A,
|
|
|
Article 21.28-A, Insurance Code,] apply to the public counsel. |
|
|
(b) An employee of the office may not be compelled to |
|
|
disclose information communicated to the employee by a claimant on |
|
|
any matter relating to the claimant's claim. This subsection does |
|
|
not prohibit or alter the office's duty to notify appropriate law |
|
|
enforcement authorities under Section 404.1015(c). |
|
|
SECTION 5. Section 404.111, Labor Code, is amended to read |
|
|
as follows: |
|
|
Sec. 404.111. ACCESS TO INFORMATION. (a) Except as |
|
|
otherwise provided by this section, the [The] office may access |
|
|
information from an executive agency that is otherwise confidential |
|
|
under a law of this state if that information is necessary for the |
|
|
performance of the duties of the office, including information made |
|
|
confidential under: |
|
|
(1) Section 843.006, Insurance Code; |
|
|
(2) Chapter 108, Health and Safety Code; |
|
|
(3) Chapter 552, Government Code; and |
|
|
(4) Sections 402.083, 402.091, and 402.092 of this |
|
|
code. |
|
|
(b) The office may not access information under Subsection |
|
|
(a) that is an attorney-client communication or an attorney work |
|
|
product, or other information protected by a privilege recognized |
|
|
by the Texas Rules of Civil Procedure or the Texas Rules of |
|
|
Evidence. |
|
|
(c) In furtherance of assisting an employee under Section |
|
|
404.105(a)(2), the office may not access information under |
|
|
Subsection 404.111(a) to which the employee is not otherwise |
|
|
entitled. If the office possesses any information made |
|
|
confidential by the Texas Workers' Compensation Act or any other |
|
|
laws of this state to which the employee is not otherwise entitled, |
|
|
that information may not be disclosed to the employee or any other |
|
|
party assisting an employee under Section 404.105(a)(2). Nothing |
|
|
in this subsection prohibits or alters the office's duty to notify |
|
|
appropriate law enforcement authorities under Section 404.1015(c). |
|
|
(d) Except as provided by this section [On request by the
|
|
|
public counsel], the division or the department shall provide any |
|
|
information or data requested by the public counsel [office] in |
|
|
furtherance of the duties of the office under this chapter. |
|
|
(e) [(c)] The office may not make public any confidential |
|
|
information provided to the office under this chapter. Except as |
|
|
provided by Subsection (c), the office [but] may disclose a summary |
|
|
of the information that does not directly or indirectly identify |
|
|
the individual or entity that is the subject of the |
|
|
information. The office may not release, and an individual or |
|
|
entity may not gain access to, any information that: |
|
|
(1) could reasonably be expected to reveal the |
|
|
identity of a health care provider or an injured employee; |
|
|
(2) reveals the zip code of an injured employee's |
|
|
primary residence; |
|
|
(3) discloses a health care provider discount or a |
|
|
differential between a payment and a billed charge; or |
|
|
(4) relates to an actual payment made by a payer to an |
|
|
identified health care provider. |
|
|
(f) [(d)] Information collected or used by the office under |
|
|
this chapter is subject to the confidentiality provisions and |
|
|
criminal penalties of: |
|
|
(1) Section 81.103, Health and Safety Code; |
|
|
(2) Section 311.037, Health and Safety Code; |
|
|
(3) Chapter 159, Occupations Code; [and] |
|
|
(4) Chapter 552, Government Code; and |
|
|
(5) Sections [Section] 402.091 and 402.092 of this |
|
|
code. |
|
|
(g) [(e)] Information on health care providers and injured |
|
|
employees that is in the possession of the office, and any |
|
|
compilation, report, or analysis produced from the information that |
|
|
identifies providers and injured employees is not: |
|
|
(1) subject to discovery, subpoena, or other means of |
|
|
legal compulsion for release to any individual or entity; or |
|
|
(2) admissible in any civil, administrative, or |
|
|
criminal proceeding. |
|
|
(h) [(f)] Notwithstanding Subsection (e)(2) [(c)(2)], the |
|
|
office may use zip code information to analyze information on a |
|
|
geographical basis. |
|
|
SECTION 6. This Act takes effect September 1, 2009. |