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AN ACT
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relating to adjudication of certain workers' compensation |
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disputes, including judicial review in district court. |
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BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
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SECTION 1. Subsection (d), Section 410.252, Labor Code, is |
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amended to read as follows: |
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(d) If a suit is initially filed within the 45-day [40-day] |
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period in Subsection (a), and is transferred under Subsection (c), |
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the suit is considered to be timely filed in the court to which it is |
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transferred. |
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SECTION 2. Subsection (k-1), Section 413.031, Labor Code, |
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is amended to read as follows: |
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(k-1) A party who has exhausted all administrative remedies |
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described by [under] Subsection (k) and who is aggrieved by a final |
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decision of the division or the State Office of Administrative |
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Hearings may seek judicial review of the decision. Judicial review |
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under this subsection shall be conducted in the manner provided for |
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judicial review of a contested case under Subchapter G, Chapter |
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2001, Government Code, except that in the case of a medical fee |
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dispute the party seeking judicial review under this section must |
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file suit not later than the 45th day after the date on which the |
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State Office of Administrative Hearings mailed the party the |
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notification of the decision. For purposes of this subsection, the |
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mailing date is considered to be the fifth day after the date the |
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decision was issued by the State Office of Administrative Hearings. |
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SECTION 3. Subsection (d), Section 413.0311, Labor Code, is |
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amended to read as follows: |
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(d) A party who has exhausted all administrative remedies |
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under Section 413.031 and this section and who is aggrieved by a |
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final decision of the hearings officer under Subsection (c) may |
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seek judicial review of the decision. Judicial review under this |
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subsection shall be conducted in the manner provided for judicial |
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review of a contested case under Subchapter G, Chapter 2001, |
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Government Code, except that the party seeking judicial review |
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under this section must file suit not later than the 45th day after |
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the date on which the division mailed the party the decision of the |
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hearings officer. For purposes of this subsection, the mailing |
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date is considered to be the fifth day after the date the decision |
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of the hearings officer was filed with the division. |
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SECTION 4. Subsection (c), Section 1305.103, Insurance |
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Code, is amended to read as follows: |
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(c) An employee who lives within the service area of a |
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network and who is being treated by a non-network provider for an |
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injury that occurred before the employer's insurance carrier |
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established or contracted with the network, shall select a network |
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treating doctor on notification by the carrier that health care |
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services are being provided through the network. The carrier shall |
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provide to the employee all information required by Section |
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1305.451. If the employee fails to select a treating doctor on or |
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before the 14th day after the date of receipt of the information |
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required by Section 1305.451, the network may assign the employee a |
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network treating doctor. An issue regarding whether a carrier |
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properly provided an employee the information required by this |
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subsection may be resolved using the process for adjudication of |
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disputes under Chapter 410, Labor Code, as used by the department's |
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division of workers' compensation. |
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SECTION 5. Section 1305.451, Insurance Code, is amended by |
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adding Subsection (e) to read as follows: |
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(e) An issue regarding whether an employer properly |
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provided an employee with the information required by this section |
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may be resolved using the process for adjudication of disputes |
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under Chapter 410, Labor Code, as used by the department's division |
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of workers' compensation. |
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SECTION 6. The change in law made by this Act applies only |
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to a suit for judicial review filed on or after the effective date |
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of this Act. A suit for judicial review filed before the effective |
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date of this Act is covered by the law as it existed on the date the |
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suit was filed, and the former law is continued in effect for that |
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purpose. |
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SECTION 7. 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 hereby certify that S.B. No. 809 passed the Senate on |
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March 21, 2011, by the following vote: Yeas 30, Nays 0; and that |
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the Senate concurred in House amendment on May 27, 2011, by the |
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following vote: Yeas 31, Nays 0. |
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______________________________ |
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Secretary of the Senate |
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I hereby certify that S.B. No. 809 passed the House, with |
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amendment, on May 25, 2011, by the following vote: Yeas 148, |
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Nays 0, one present not voting. |
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______________________________ |
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Chief Clerk of the House |
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Approved: |
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______________________________ |
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Date |
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______________________________ |
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Governor |