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COMMITTEE AMENDMENT NO. 1 |
By: Duncan |
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Amend H.B. 673 with the following changes: |
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(1) On page 1, lines 30 thru 31, strike "makes unreasonable |
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demands for office services or for" and insert the following: |
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"requests"; |
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(2) On page 1, line 38, between "notify" and "the", insert |
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the following: "and cooperate with"; |
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(3) On page 1, line 39, between "authority" and "if", insert |
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the following: "and the Department of Insurance, Fraud Unit"; |
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(4) On page 2, line 21, between "notify" and "appropriate", |
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insert "and cooperate with" |
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A BILL TO BE ENTITLED
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AN ACT
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relating to certain services provided by the office of injured |
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employee counsel under the workers' compensation program of this |
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state. |
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BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
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SECTION 1. Subchapter C, Chapter 404, Labor Code, is |
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amended by adding Section 404.1015 to read as follows: |
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Sec. 404.1015. REFUSAL TO PROVIDE OR TERMINATION OF |
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SERVICES. (a) The public counsel may refuse to provide or may |
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terminate the services of the office to any claimant who: |
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(1) is abusive or violent to or who threatens any |
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employee of the office; |
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(2) makes unreasonable demands for office services or |
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for assistance in claiming benefits not provided by law; or |
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(3) commits or threatens to commit a criminal act in |
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pursuit of a workers' compensation claim. |
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(b) If the public counsel determines under Subsection (a) |
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that the services of the office should be refused or terminated, the |
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office shall inform the affected claimant in writing and notify the |
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division. |
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(c) The office shall notify the appropriate law enforcement |
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authority if the office becomes aware that the claimant or a person |
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acting on the claimant's behalf commits or threatens to commit a |
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criminal act. |
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SECTION 2. Section 404.105, Labor Code, is amended to read |
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as follows: |
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Sec. 404.105. AUTHORITY TO ASSIST INDIVIDUAL INJURED |
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EMPLOYEES IN ADMINISTRATIVE PROCEDURES. (a) The office, through |
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the ombudsman program, may appear before the commissioner, [or] |
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division, or State Office of Administrative Hearings to provide |
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assistance to [on behalf of] an individual injured employee during: |
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(1) a workers' compensation [an] administrative |
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dispute resolution process; or |
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(2) an enforcement action by the department or |
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division against an employee for a violation of the Texas Workers' |
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Compensation Act. |
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(b) This chapter may not be construed as requiring or |
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allowing legal representation for an individual injured employee by |
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an office attorney or ombudsman in any proceeding. |
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SECTION 3. Section 404.109, Labor Code, is amended to read |
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as follows: |
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Sec. 404.109. INJURED EMPLOYEE RIGHTS; NOTICE. The public |
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counsel shall adopt, in the form and manner prescribed by the public |
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counsel and after consultation with the commissioner of workers' |
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compensation, [submit to the division and the department for
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adoption by the commissioners] a notice of injured employee rights |
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and responsibilities to be distributed by the division as provided |
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by commissioner or [and] commissioner of insurance rules. A right |
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or responsibility adopted under this section must be consistent |
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with the requirements of this subtitle and division rules. This |
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section may not be construed as establishing an entitlement to |
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benefits to which the claimant is not otherwise entitled under this |
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subtitle. |
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SECTION 4. Section 404.110, Labor Code, is amended to read |
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as follows: |
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Sec. 404.110. APPLICABILITY TO PUBLIC COUNSEL OF |
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CONFIDENTIALITY REQUIREMENTS. (a) Confidentiality requirements |
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applicable to examination reports and to the commissioner of |
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insurance under Sections 401.058, 401.105, 401.106, 441.201, and |
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501.158 [Article 1.18], Insurance Code, as applicable, and Section |
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404.111, [and to the commissioner of insurance under Section 3A,
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Article 21.28-A, Insurance Code,] apply to the public counsel. |
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(b) An employee of the office may not be compelled to |
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disclose information communicated to the employee by a claimant on |
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any matter relating to the claimant's claim. This subsection does |
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not prohibit or alter the office's duty to notify appropriate law |
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enforcement authorities under Section 404.1015(c). |
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SECTION 5. Section 404.111, Labor Code, is amended to read |
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as follows: |
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Sec. 404.111. ACCESS TO INFORMATION. (a) Except as |
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otherwise provided by this section, the [The] office may access |
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information from an executive agency that is otherwise confidential |
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under a law of this state if that information is necessary for the |
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performance of the duties of the office, including information made |
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confidential under[:
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[(1)] Section [843.006, Insurance Code;
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[(2) Chapter 108, Health and Safety Code;
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[(3) Chapter 552, Government Code; and
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[(4) Sections 402.083,] 402.091[, and 402.092 of this
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code]. |
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(b) The office may not access information under Subsection |
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(a) that is an attorney-client communication or an attorney work |
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product, or other information protected by a privilege recognized |
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by the Texas Rules of Civil Procedure or the Texas Rules of |
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Evidence. |
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(c) In furtherance of assisting an employee under Section |
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404.105(a)(2), the office may not access information under Section |
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404.111(a) to which the employee is not otherwise entitled. If the |
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office possesses any information made confidential by the Texas |
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Workers' Compensation Act or any other laws of this state to which |
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the employee is not otherwise entitled, that information may not be |
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disclosed to the employee or any other party assisting an employee |
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under Section 404.105(a)(2). Nothing in this subsection prohibits |
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or alters the office's duty to notify appropriate law enforcement |
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authorities under Section 404.1015(c). |
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(d) Except as provided by this section [On request by the
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public counsel], the division or the department shall provide any |
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information or data requested by the public counsel [office] in |
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furtherance of the duties of the office under this chapter. |
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(e) [(c)] The office may not make public any confidential |
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information provided to the office under this chapter. Except as |
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provided by Subsection (c), the office [but] may disclose a summary |
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of the information that does not directly or indirectly identify |
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the individual or entity that is the subject of the |
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information. The office may not release, and an individual or |
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entity may not gain access to, any information that: |
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(1) could reasonably be expected to reveal the |
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identity of a health care provider or an injured employee; |
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(2) reveals the zip code of an injured employee's |
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primary residence; |
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(3) discloses a health care provider discount or a |
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differential between a payment and a billed charge; or |
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(4) relates to an actual payment made by a payer to an |
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identified health care provider. |
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(f) [(d)] Information collected or used by the office under |
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this chapter is subject to the confidentiality provisions and |
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criminal penalties of[:
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[(1) Section 81.103, Health and Safety Code;
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[(2) Section 311.037, Health and Safety Code;
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[(3) Chapter 159, Occupations Code; and
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[(4)] Section 402.091 [of this code]. |
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(g) [(e)] Information on health care providers and injured |
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employees that is in the possession of the office, and any |
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compilation, report, or analysis produced from the information that |
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identifies providers and injured employees is not: |
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(1) subject to discovery, subpoena, or other means of |
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legal compulsion for release to any individual or entity; or |
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(2) admissible in any civil, administrative, or |
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criminal proceeding. |
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(h) [(f)] Notwithstanding Subsection (e)(2) [(c)(2)], the |
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office may use zip code information to analyze information on a |
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geographical basis. |
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SECTION 6. This Act takes effect September 1, 2009. |
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