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A BILL TO BE ENTITLED
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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 to require: |
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(1) an overpayment of income benefits to be recouped |
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from future income benefit payments; and |
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(2) an underpayment of income benefits to be paid in a |
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future income benefit payment. |
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(b) The procedure under Subsection (a) must include the |
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following requirements: |
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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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through a future income benefit payment; |
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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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and |
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(4) the time frame and methodology by which an |
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insurance carrier may recoup the overpayment through the reduction |
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of a future income benefit payment. |
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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. |