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COMMITTEE VOTE |
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YeaNayAbsentPNV |
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SchwertnerX |
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KingX |
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BirdwellX |
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CampbellX |
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CreightonX |
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JohnsonX |
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KolkhorstX |
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MenéndezX |
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MiddletonX |
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NicholsX |
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ZaffiriniX |
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A BILL TO BE ENTITLED
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AN ACT
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relating to payments associated with certain medical examinations |
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under the workers' compensation system; imposing a fee. |
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BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
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SECTION 1. Section 408.0041(h), Labor Code, is amended to |
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read as follows: |
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(h) In accordance with the adjusted payment amounts |
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prescribed by the commissioner under Section 408.00411, the [The] |
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insurance carrier shall pay [for]: |
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(1) for: |
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(A) an examination required under Subsection |
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(a), (f), or (f-2), unless otherwise prohibited by this subtitle or |
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by an order or rule of the commissioner; and |
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(B) [(2)] the reasonable expenses incident to |
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the employee in submitting to the examination; or |
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(2) if an employee fails or refuses to appear at the |
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time and place scheduled for an examination under Subsection (a) or |
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(f) without good cause as determined by the commissioner, a fee set |
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by the commissioner in an amount not less than $100 to the |
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designated doctor or doctor selected by the insurance carrier, as |
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applicable. |
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SECTION 2. Subchapter A, Chapter 408, Labor Code, is |
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amended by adding Section 408.00411 to read as follows: |
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Sec. 408.00411. ADJUSTMENT OF CERTAIN EXAMINATION FEES AND |
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EXAMINATION NO-SHOW FEES. (a) Not later than January 31 of each |
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year beginning with the year 2025, the commissioner shall adjust |
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for inflation, in accordance with rules adopted under Subsection |
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(b), the amounts required to be paid by an insurance carrier: |
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(1) for a medical examination conducted under Section |
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408.004 or 408.0041(a), (f), or (f-2); |
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(2) for a medical examination conducted to determine |
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or resolve any question about: |
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(A) the impairment caused by the compensable |
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injury; or |
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(B) the attainment of maximum medical |
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improvement; and |
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(3) as a fee under Section 408.0041(h)(2) for the |
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failure or refusal of an employee to appear at the time and place |
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scheduled for a medical examination to which that subdivision |
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applies. |
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(b) Subject to Section 413.011, the commissioner shall |
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adopt rules as necessary to implement this section, including rules |
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providing for the computation of the amount of an adjustment under |
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Subsection (a), which may provide for determining the amount of the |
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adjustment using the Medicare Economic Index. |
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(c) Notwithstanding any other provision of this section, |
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not later than January 31, 2024, the commissioner shall adjust for |
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inflation, in accordance with this subsection, the amounts required |
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to be paid by an insurance carrier for a medical examination |
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described by Subsection (a)(1) or (2). The commissioner shall |
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compute the amount of the adjustment based on the percentage |
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increase, if any, in the Medicare Economic Index for the period |
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beginning on the date that the fee was initially adopted or last |
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adjusted by the commissioner, as applicable, and ending January 1, |
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2024. This subsection expires January 1, 2025. |
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SECTION 3. Not later than April 1, 2024, the commissioner of |
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workers' compensation shall set the initial amount of the fee under |
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Section 408.0041(h)(2), Labor Code, as added by this Act. |
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SECTION 4. Not later than April 1, 2024, the commissioner of |
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workers' compensation shall adopt rules to implement Section |
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408.00411, Labor Code, as added by this Act. |
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SECTION 5. The changes in law made by this Act to Section |
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408.0041, Labor Code, apply only to a medical examination that |
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occurs or is scheduled to occur, as applicable, on or after March 1, |
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2024. A medical examination that occurs or is scheduled to occur, |
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as applicable, before that date is governed by the law as it existed |
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immediately before the effective date of this Act, and the former |
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law is continued in effect for that purpose. |
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SECTION 6. This Act takes effect September 1, 2023. |
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* * * * * |