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A BILL TO BE ENTITLED
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AN ACT
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relating to the eligibility of a firefighter or emergency medical |
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technician for workers' compensation benefits for infertility. |
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BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
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SECTION 1. Subchapter A, Chapter 408, Labor Code, is |
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amended by adding Section 408.009 to read as follows: |
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Sec. 408.009. PRESUMPTION OF COMPENSABILITY OF INFERTILITY |
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FOR FIREFIGHTERS AND EMERGENCY MEDICAL TECHNICIANS. (a) In this |
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section: |
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(1) "Firefighter" and "emergency medical technician" |
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have the meanings assigned by Section 607.051, Government Code. |
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(2) "Infertility" means a disease of the male or |
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female reproductive system defined by the failure to achieve a |
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pregnancy after at least 12 months of regular unprotected sexual |
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intercourse. |
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(b) A firefighter or emergency medical technician who |
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suffers from infertility is presumed to have developed infertility |
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during the course and scope of employment as a firefighter or |
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emergency medical technician if the firefighter or emergency |
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medical technician: |
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(1) regularly responded on the scene to calls |
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involving fires or firefighting; or |
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(2) regularly responded to events involving the |
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documented release of radiation or a known or suspected carcinogen |
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while the person was employed as a firefighter or emergency medical |
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technician. |
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SECTION 2. Section 409.021(a-3), Labor Code, is amended to |
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read as follows: |
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(a-3) An insurance carrier is not required to comply with |
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Subsection (a) if the claim results from an employee's disability |
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or death for which a presumption is claimed to be applicable under |
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Section 408.009 of this code or Subchapter B, Chapter 607, |
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Government Code, and, not later than the 15th day after the date on |
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which the insurance carrier received written notice of the injury, |
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the insurance carrier has provided the employee and the division |
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with a notice that describes all steps taken by the insurance |
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carrier to investigate the injury before the notice was given and |
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the evidence the carrier reasonably believes is necessary to |
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complete its investigation of the compensability of the |
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injury. The commissioner shall adopt rules as necessary to |
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implement this subsection. |
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SECTION 3. Section 415.021(c-2), Labor Code, is amended to |
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read as follows: |
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(c-2) In determining whether to assess an administrative |
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penalty involving a claim in which the insurance carrier provided |
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notice under Section 409.021(a-3), the commissioner shall consider |
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whether: |
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(1) the employee cooperated with the insurance |
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carrier's investigation of the claim; |
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(2) the employee timely authorized access to the |
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applicable medical records before the insurance carrier's deadline |
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to: |
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(A) begin payment of benefits; or |
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(B) notify the division and the employee of the |
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insurance carrier's refusal to pay benefits; and |
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(3) the insurance carrier conducted an investigation |
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of the claim, applied the statutory presumptions under Section |
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408.009 of this code or Subchapter B, Chapter 607, Government Code, |
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and expedited medical benefits under Section 504.055. |
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SECTION 4. Section 408.009, Labor Code, as added by this |
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Act, applies only to a claim for workers' compensation benefits |
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filed on or after the effective date of this Act. A claim filed |
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before that date is governed by the law as it existed on the date the |
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claim was filed, and the former law is continued in effect for that |
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purpose. |
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SECTION 5. 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, 2023. |