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AN ACT
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relating to the resolution of overpayment or underpayment of income |
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benefits under the workers' compensation program. |
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BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
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SECTION 1. Section 408.081(a), Labor Code, is amended to |
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read as follows: |
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(a) An employee is entitled to timely and accurate income |
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benefits as provided in this chapter. |
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SECTION 2. Subchapter E, Chapter 408, Labor Code, is |
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amended by adding Section 408.0815 to read as follows: |
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Sec. 408.0815. RESOLUTION OF OVERPAYMENT OR UNDERPAYMENT OF |
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INCOME BENEFITS. (a) The commissioner by rule shall establish a |
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procedure by which an insurance carrier: |
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(1) may recoup an overpayment of income benefits from |
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future income benefit payments that are not reimbursable under |
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Section 410.209; and |
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(2) shall pay an underpayment of income benefits, |
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including interest on accrued but unpaid benefits, in accordance |
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with this subtitle. |
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(b) The procedure under Subsection (a) must include: |
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(1) a process by which an injured employee may notify |
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the insurance carrier of an underpayment; |
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(2) the time frame and methodology by which an |
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insurance carrier shall pay to an injured employee an underpayment; |
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(3) a process by which an insurance carrier shall |
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notify an injured employee of an overpayment of income benefits; |
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(4) the time frame and methodology by which an |
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insurance carrier may recoup an overpayment through the reduction |
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of a future income benefit payment; and |
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(5) a method for coordinating overpayments that may be |
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recouped from future income benefits and reimbursements described |
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by Section 410.209. |
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(c) The procedure for recouping overpayments under |
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Subsection (a)(1) must take into consideration the cause of the |
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overpayment and minimize the financial hardship to the injured |
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employee. |
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SECTION 3. The commissioner of workers' compensation shall |
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adopt rules to implement Section 408.0815, Labor Code, as added by |
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this Act, not later than January 1, 2012. |
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SECTION 4. This Act takes effect September 1, 2011. |
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______________________________ |
______________________________ |
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President of the Senate |
Speaker of the House |
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I certify that H.B. No. 2089 was passed by the House on May |
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13, 2011, by the following vote: Yeas 144, Nays 0, 1 present, not |
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voting; and that the House concurred in Senate amendments to H.B. |
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No. 2089 on May 27, 2011, by the following vote: Yeas 142, Nays 0, |
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2 present, not voting. |
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______________________________ |
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Chief Clerk of the House |
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I certify that H.B. No. 2089 was passed by the Senate, with |
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amendments, on May 25, 2011, by the following vote: Yeas 31, Nays |
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0. |
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______________________________ |
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Secretary of the Senate |
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APPROVED: __________________ |
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Date |
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__________________ |
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Governor |