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A BILL TO BE ENTITLED
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AN ACT
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relating to privileged communications in workers' compensation |
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insurance claims. |
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BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
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SECTION 1. The heading to Subchapter D, Chapter 2051, |
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Insurance Code, is amended to read as follows: |
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SUBCHAPTER D. DUTIES AND PROHIBITED ACTS; ENFORCEMENT; PRIVILEGED |
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COMMUNICATIONS |
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SECTION 2. Subchapter D, Chapter 2051, Insurance Code, is |
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amended by adding Section 2051.1515 to read as follows: |
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Sec. 2051.1515. PRIVILEGED COMMUNICATIONS BY CERTAIN |
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INSURANCE COMPANIES AND POLICYHOLDERS. (a) This section applies |
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to: |
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(1) an insurance company that issues a deductible |
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policy under Subchapter E, Chapter 2053; and |
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(2) the insurance company's policyholder who |
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self-insures for the amount of the deductible under the policy. |
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(b) A communication between an insurance company or the |
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company's representative and a policyholder or the policyholder's |
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representative relating to the investigation, evaluation, or |
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resolution of a claim, or resolution of disputes relating to the |
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claim, under the policyholder's policy is privileged from |
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disclosure. |
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(c) A communication described by Subsection (b) may not be |
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disclosed unless the insurance company expressly waives the |
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privilege established under Subsection (b). |
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SECTION 3. This Act takes effect immediately if it receives |
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a vote of two-thirds of all the members elected to each house, as |
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provided by Section 39, Article III, Texas Constitution. If this |
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Act does not receive the vote necessary for immediate effect, this |
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Act takes effect September 1, 2017. |