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A BILL TO BE ENTITLED
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AN ACT
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relating to a settlement for the payment of certain medical |
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benefits under the Texas Workers' Compensation Act. |
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BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
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SECTION 1. Section 408.005, Labor Code, is amended by |
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amending Subsections (b) and (e) and adding Subsections (b-1) and |
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(e-1) to read as follows: |
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(b) An employee's right to medical benefits as provided by |
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Section 408.021 may not be limited or terminated except as provided |
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by this section. |
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(b-1) Parties may reach a settlement of medical benefits if: |
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(1) the injured employee enters into a workers' |
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compensation Medicare set-aside arrangement; |
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(2) the arrangement described by Subdivision (1) is |
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approved by the federal Centers for Medicare and Medicaid Services, |
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if the proposed amount of the settlement is eligible for review by |
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that agency; and |
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(3) the settlement provides for: |
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(A) oversight of the arrangement described by |
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Subdivision (1) by a corporate trustee or other professional |
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administrator; and |
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(B) a reversionary interest on the employee's |
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death allowing the unexpended funds to be shared by the injured |
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employee's beneficiary and the payor. |
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(e) The commissioner shall approve a settlement if the |
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commissioner is satisfied that: |
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(1) the settlement accurately reflects the agreement |
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between the parties; |
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(2) the settlement reflects adherence to all |
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appropriate provisions of law and the rules [policies] of the |
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division; [and] |
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(3) under the law and facts, the settlement is in the |
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best interest of the injured employee; |
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(4) the settlement is entered into voluntarily by all |
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parties; and |
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(5) to the extent possible, all extent of injury |
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issues have been resolved [claimant]. |
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(e-1) For purposes of Subsection (e)(3), the commissioner |
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may not find that a settlement of medical benefits under Subsection |
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(b-1) is in the best interest of the injured employee unless the |
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settlement is overseen by a corporate trustee or other professional |
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administrator. |
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SECTION 2. Section 408.021(d), Labor Code, is amended to |
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read as follows: |
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(d) Except as provided by Section 408.005, an [An] insurance |
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carrier's liability for medical benefits may not be limited or |
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terminated by agreement or settlement. |
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SECTION 3. The change in law made by this Act applies only |
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to a settlement entered into on or after the effective date of this |
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Act, in conjunction with a claim for workers' compensation |
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benefits, regardless of the date on which the compensable injury |
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that is the basis of the claim occurred. |
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SECTION 4. This Act takes effect September 1, 2019. |