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A BILL TO BE ENTITLED
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AN ACT
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relating to provision of workers' compensation medical benefits to |
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a police officer or firefighter injured in the line of duty; |
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providing an administrative violation. |
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BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
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SECTION 1. Subchapter C, Chapter 504, Labor Code, is |
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amended by adding Section 504.054 to read as follows: |
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Sec. 504.054. EXPEDITED PROVISION OF MEDICAL BENEFITS FOR |
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LINE OF DUTY INJURIES. (a) This section applies only to a police |
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officer or firefighter injured in the line of duty. |
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(b) A political subdivision that is the employer of a police |
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officer or firefighter who incurs a compensable injury sustained in |
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the line of duty shall ensure that the medical benefits provided to |
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the injured employee include all health care required to cure or |
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relieve the effects naturally resulting from the compensable |
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injury, including payment of reasonable expenses incurred by the |
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employee for necessary treatment, promotion of recovery, |
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and enhancement of the ability of the employee to return to or |
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retain employment. |
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(c) Medical benefits provided under this section must |
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include, if necessary or appropriate to the nature of the |
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compensable injury: |
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(1) a medical or surgical appliance, brace, artificial |
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member, including an artificial eye, or prosthetic or orthotic |
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device; and |
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(2) any necessary fitting of, change or repair to, or |
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training in the use of the appliance, brace, member, or device. |
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(d) Notwithstanding any other provision of this title, the |
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employing political subdivision shall ensure that medical benefits |
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subject to this section are initiated not later than the 10th day |
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after the date on which the notice of injury required under Section |
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409.001 is submitted to the political subdivision. |
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(e) If the political subdivision provides workers' |
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compensation benefits through a workers' compensation insurance |
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policy, the insurance carrier shall comply with the time period |
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required under Subsection (d). A violation of this subsection by an |
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insurance carrier constitutes an administrative violation under |
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Section 415.002. |
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SECTION 2. (a) Except as provided by Subsection (b), the |
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change in law made by this Act applies only to a claim for workers' |
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compensation benefits based on a compensable injury that occurs on |
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or after the effective date of this Act. A claim based on a |
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compensable injury that occurs before that date is governed by the |
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law in effect on the date that the compensable injury occurred, and |
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the former law is continued in effect for that purpose. |
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(b) Sections 504.054(b) and (c), Labor Code, as added by |
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this Act, are for purposes of clarification and do not change the |
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law or create any new entitlement to benefits. |
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SECTION 3. This Act takes effect September 1, 2009. |