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A BILL TO BE ENTITLED
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AN ACT
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relating to medical causation narrative reports created under the |
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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. Subchapter B, Chapter 408, Labor Code, is |
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amended by adding Section 408.0273 to read as follows: |
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Sec. 408.0273. MEDICAL CAUSATION NARRATIVE REPORT. (a) In |
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this section, "medical causation narrative report" means an |
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original report created by a doctor that explains a causal |
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connection, if any, between a compensable injury and the diagnoses |
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or conditions specified in the insurance carrier's plain language |
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notice disputing the extent of the injured employee's compensable |
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injury. |
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(b) On receipt of a plain language notice from the insurance |
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carrier disputing the extent of an injured employee's compensable |
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injury, if the employee does not agree with the statements in the |
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plain language notice, the injured employee may request a medical |
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causation narrative report addressing the extent of the employee's |
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compensable injury from: |
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(1) the treating doctor; or |
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(2) a doctor to whom the treating doctor has |
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previously referred the injured employee and who has treated the |
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injured employee. |
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(c) An insurance carrier is required to provide |
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reimbursement for one medical causation narrative report for each |
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plain language notice disputing the extent of the injured |
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employee's compensable injury. |
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(d) The commissioner shall adopt rules implementing this |
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section to ensure the efficient use of medical causation narrative |
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reports and resolution of disputes regarding the extent of an |
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injured employee's compensable injury. |
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SECTION 2. The change in law made by this Act applies to a |
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medical causation narrative report requested in response to a plain |
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language notice disputing the extent of the injured employee's |
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compensable injury that is issued on or after the effective date of |
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this Act, regardless of whether the compensable injury occurred |
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before, on, or after that date. |
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SECTION 3. This Act takes effect September 1, 2023. |