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A BILL TO BE ENTITLED
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AN ACT
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relating to confidential communications between an insurance |
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carrier and a covered employer under the Texas Workers' |
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Compensation Act. |
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BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
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SECTION 1. Section 409.011, Labor Code, is amended by |
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adding Subsection (d) to read as follows: |
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(d) For purposes of this subsection, a reference to the |
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insurance carrier or covered employer includes the insurance |
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carrier's or covered employer's attorneys, consultants, sureties, |
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indemnitors, employees, third-party administrators, and other |
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agents. Communications between an insurance carrier and a covered |
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employer are confidential and not subject to disclosure if the |
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communications include information regarding mental impressions, |
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conclusions, opinions, claims-handling strategies, litigation |
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strategies, legal theories regarding the claim, claim status, claim |
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reserves, or proprietary business practices of the insurance |
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carrier or covered employer or other similar classes of information |
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and are made in furtherance of the covered employer's rights, |
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including rights described by Subsections (b)(1)-(5) and Section |
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415.002(b). An insurance carrier may refuse to disclose and may |
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prevent the disclosure by another person of confidential |
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communications described by this subsection. This subsection: |
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(1) does not apply to: |
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(A) communications between the insurance carrier |
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and covered employer that are offered as evidence in a judicial |
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proceeding between the insurance carrier and covered employer; |
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(B) communications made to the insurance carrier |
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by the covered employer in violation of Section 415.002(a)(6); or |
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(C) public records subject to Chapter 552, |
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Government Code; and |
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(2) does not affect: |
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(A) the requirement to exchange documentation |
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under Chapter 410; or |
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(B) the right of the commissioner to obtain |
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information from an insurance carrier or covered employer under |
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Chapter 414. |
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SECTION 2. Section 409.011, Labor Code, as amended by this |
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Act, applies only to communications between an insurance carrier |
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and a covered employer made on or after the effective date of this |
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Act. |
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SECTION 3. This Act takes effect September 1, 2013. |