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