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A BILL TO BE ENTITLED
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AN ACT
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relating to coverage for certain pharmaceutical services by a |
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workers' compensation insurance carrier. |
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BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
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SECTION 1. Section 413.0141, Labor Code, is amended to read |
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as follows: |
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Sec. 413.0141. INITIAL PHARMACEUTICAL COVERAGE. The |
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commissioner may by rule provide that an insurance carrier shall |
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provide for payment of specified pharmaceutical services through |
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[sufficient for] the seventh working day after [first seven days
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following] the date of injury if the health care provider requests |
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and receives verification of insurance coverage and a verbal |
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confirmation of an injury from the employer or from the insurance |
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carrier as provided by Section 413.014. The rules adopted by the |
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commissioner shall provide that an insurance carrier is eligible |
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for reimbursement for pharmaceutical services paid under this |
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section from the subsequent injury fund in the event the injury is |
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determined not to be compensable. |
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SECTION 2. The changes in law made by this Act apply only to |
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pharmaceutical services provided in conjunction with a claim for |
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workers' compensation benefits based on a compensable injury that |
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occurs on or after the effective date of this Act. Pharmaceutical |
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services provided in conjunction with a claim based on a |
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compensable injury that occurs before that date are governed by the |
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law in effect on the date the compensable injury occurred, and the |
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former law is continued in effect for that purpose. |
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SECTION 3. This Act takes effect September 1, 2011. |