By: Smithee (Senate Sponsor - Fraser) H.B. No. 2089
         (In the Senate - Received from the House May 16, 2011;
  May 16, 2011, read first time and referred to Committee on State
  Affairs; May 19, 2011, reported adversely, with favorable
  Committee Substitute by the following vote:  Yeas 8, Nays 0;
  May 19, 2011, sent to printer.)
 
  COMMITTEE SUBSTITUTE FOR H.B. No. 2089 By:  Fraser
 
 
A BILL TO BE ENTITLED
 
AN ACT
 
  relating to the resolution of overpayment or underpayment of income
  benefits under the workers' compensation program
         BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
         SECTION 1.  Section 408.081(a), Labor Code, is amended to
  read as follows:
         (a)  An employee is entitled to timely and accurate income
  benefits as provided in this chapter.
         SECTION 2.  Subchapter E, Chapter 408, Labor Code, is
  amended by adding Section 408.0815 to read as follows:
         Sec. 408.0815.  RESOLUTION OF OVERPAYMENT OR UNDERPAYMENT OF
  INCOME BENEFITS. (a) The commissioner by rule shall establish a
  procedure by which an insurance carrier:
               (1)  may recoup an overpayment of income benefits from
  future income benefit payments that are not reimbursable under
  Section 410.209; and
               (2)  shall pay an underpayment of income benefits,
  including interest on accrued but unpaid benefits, in accordance
  with this subtitle.
         (b)  The procedure under Subsection (a) must include:
               (1)  a process by which an injured employee may notify
  the insurance carrier of an underpayment;
               (2)  the time frame and methodology by which an
  insurance carrier shall pay to an injured employee an underpayment;
               (3)  a process by which an insurance carrier shall
  notify an injured employee of an overpayment of income benefits;
               (4)  the time frame and methodology by which an
  insurance carrier may recoup an overpayment through the reduction
  of a future income benefit payment; and
               (5)  a method for coordinating overpayments that may be
  recouped from future income benefits and reimbursements described
  by Section 410.209.
         (c)  The procedure for recouping overpayments under
  Subsection (a)(1) must take into consideration the cause of the
  overpayment and minimize the financial hardship to the injured
  employee.
         SECTION 3.  The commissioner of workers' compensation shall
  adopt rules to implement Section 408.0815, Labor Code, as added by
  this Act, not later than January 1, 2012.
         SECTION 4.  This Act takes effect September 1, 2011.
 
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