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A BILL TO BE ENTITLED
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AN ACT
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relating to certain requirements for doctors providing |
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professional services under the workers' compensation system. |
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BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
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SECTION 1. Section 408.0043, Labor Code, is amended by |
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amending Subsection (b) and adding Subsection (c) to read as |
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follows: |
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(b) A person described by Subsection (a) who reviews a |
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specific workers' compensation case must: |
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(1) hold a professional certification in a health care |
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specialty appropriate to the type of health care that the injured |
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employee is receiving; and |
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(2) receive at least 50 percent of the person's annual |
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income through direct patient care of patients in this state. |
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(c) A person may not satisfy the direct patient care |
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requirement under Subsection (b) through: |
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(1) the provision of professional opinions regarding |
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an individual who is not a patient of the person; or |
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(2) health care consulting work. |
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SECTION 2. Section 408.0044, Labor Code, is amended by |
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amending Subsection (b) and adding Subsection (c) to read as |
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follows: |
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(b) A person described by Subsection (a) who reviews a |
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dental service provided in conjunction with a specific workers' |
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compensation case must: |
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(1) be licensed to practice dentistry in this state; |
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and |
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(2) receive at least 50 percent of the person's annual |
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income through direct patient care of patients in this state. |
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(c) A person may not satisfy the direct patient care |
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requirement under Subsection (b) through: |
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(1) the provision of professional opinions regarding |
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an individual who is not a patient of the person; or |
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(2) dental health care consulting work. |
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SECTION 3. Section 408.0045, Labor Code, is amended by |
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amending Subsection (b) and adding Subsection (c) to read as |
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follows: |
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(b) A person described by Subsection (a) who reviews a |
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chiropractic service provided in conjunction with a specific |
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workers' compensation case must: |
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(1) be licensed to engage in the practice of |
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chiropractic in this state; and |
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(2) receive at least 50 percent of the person's annual |
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income through direct patient care of patients in this state. |
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(c) A person may not satisfy the direct patient care |
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requirement under Subsection (b) through: |
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(1) the provision of professional opinions regarding |
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an individual who is not a patient of the person; or |
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(2) chiropractic health care consulting work. |
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SECTION 4. Section 413.031(e-2), Labor Code, is amended to |
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read as follows: |
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(e-2) Notwithstanding Section 4202.002, Insurance Code, an |
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independent review organization that uses doctors to perform |
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reviews of health care services provided under this title may only |
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use doctors who: |
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(1) are licensed to practice in this state; and |
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(2) receive at least 50 percent of the doctor's annual |
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income through direct patient care of patients in this state. |
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SECTION 5. The change in law made by this Act applies only |
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to professional services provided in conjunction with a claim for |
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workers' compensation benefits based on a compensable injury that |
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occurs on or after the effective date of this Act. Professional |
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services provided in conjunction with 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 the compensable injury occurred, and the |
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former law is continued in effect for that purpose. |
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SECTION 6. This Act takes effect September 1, 2009. |