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A BILL TO BE ENTITLED
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AN ACT
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relating to the adoption and review of certain workers' |
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compensation guidelines, protocols, and formulary. |
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BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
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SECTION 1. Section 413.011, Labor Code, is amended by |
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adding Subsection (j) to read as follows: |
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(j) The commissioner by rule may at any time amend or |
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replace the treatment guidelines, return-to-work guidelines, or |
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individual treatment protocols adopted under Subsection (e) or the |
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formulary adopted as described by Section 408.028(b) to ensure that |
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the guidelines, protocols, and formulary are current and comply |
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with the requirements of this section. |
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SECTION 2. (a) Not later than July 1, 2022, the |
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commissioner of workers' compensation shall contract with an |
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independent entity to conduct a comparative evaluation of the |
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treatment guidelines, return-to-work guidelines, and individual |
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treatment protocols adopted by the commissioner under Section |
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413.011(e), Labor Code, and the formulary adopted by the |
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commissioner as described by Section 408.028(b), Labor Code, and |
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report the findings of the evaluation to the commissioner. |
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(b) The commissioner of workers' compensation shall ensure |
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that the entity conducting the evaluation under Subsection (a) of |
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this section does not have a conflict of interest that would |
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adversely impact the entity's independence and impartiality, |
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including any financial interest in a developer or publisher of any |
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guideline considered in the evaluation. The entity conducting the |
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evaluation may not participate in the development of any guideline |
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considered in the evaluation. |
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(c) Based on the results of the comparative evaluation |
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conducted under Subsection (a) of this section, the commissioner of |
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workers' compensation shall determine whether the treatment |
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guidelines, return-to-work guidelines, or individual treatment |
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protocols adopted by the commissioner under Section 413.011(e), |
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Labor Code, or the formulary adopted by the commissioner as |
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described by Section 408.028(b), Labor Code, should be amended. |
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SECTION 3. This Act takes effect September 1, 2021. |