Amend CSHB 2605 (house committee printing) as follows:
(1) On page 5, strike lines 12 through 14 and substitute the following:
SECTION 11. Section 408.0041, Labor Code, is amended by amending Subsections (b) and (h) and adding Subsections (b-1), (f-2), (f-3), and (f-4) to read as follows:
(2) On page 6, between lines 9 and 10, insert the following:
(f-2) An employee required to be examined by a designated doctor may request a medical examination to determine maximum medical improvement and the employee's impairment rating from the treating doctor or from another doctor to whom the employee is referred by the treating doctor if:
(1) the designated doctor's opinion is the employee's first evaluation of maximum medical improvement and impairment rating; and
(2) the employee is not satisfied with the designated doctor's opinion.
(f-3) The commissioner shall provide the insurance carrier and the employee with reasonable time to obtain and present the opinion of a doctor selected under Subsection (f) or (f-2) before the commissioner makes a decision on the merits of the issue.
(f-4) The commissioner by rule shall adopt guidelines prescribing the circumstances under which an examination by the employee's treating doctor or another doctor to whom the employee is referred by the treating doctor to determine any issue under Subsection (a), other than an examination under Subsection (f-2), may be appropriate.
(h) The insurance carrier shall pay for:
(1) an examination required under Subsection (a), [or] (f), or (f-2), unless otherwise prohibited by this subtitle or by an order or rule of the commissioner; and
(2) the reasonable expenses incident to the employee in submitting to the examination.
(3) On page 37, lines 6 and 7, strike "Section 408.0041, Labor Code, as amended by this Act, applies" and substitute "Section 408.0041(b), Labor Code, as amended by this Act, and Section 408.0041(b-1), Labor Code, as added by this Act, apply".