88R13857 KKR-D
 
  By: Middleton S.B. No. 1878
 
 
 
A BILL TO BE ENTITLED
 
AN ACT
  relating to the eligibility of a firefighter or emergency medical
  technician for workers' compensation benefits for infertility.
         BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
         SECTION 1.  Subchapter A, Chapter 408, Labor Code, is
  amended by adding Section 408.009 to read as follows:
         Sec. 408.009.  PRESUMPTION OF COMPENSABILITY OF INFERTILITY
  FOR FIREFIGHTERS AND EMERGENCY MEDICAL TECHNICIANS. (a)  In this
  section:
               (1)  "Firefighter" and "emergency medical technician"
  have the meanings assigned by Section 607.051, Government Code.
               (2)  "Infertility" means a disease of the male or
  female reproductive system defined by the failure to achieve a
  pregnancy after at least 12 months of regular unprotected sexual
  intercourse.
         (b)  A firefighter or emergency medical technician who
  suffers from infertility is presumed to have developed infertility
  during the course and scope of employment as a firefighter or
  emergency medical technician if the firefighter or emergency
  medical technician:
               (1)  regularly responded on the scene to calls
  involving fires or firefighting; or
               (2)  regularly responded to events involving the
  documented release of radiation or a known or suspected carcinogen
  while the person was employed as a firefighter or emergency medical
  technician.
         SECTION 2.  Section 409.021(a-3), Labor Code, is amended to
  read as follows:
         (a-3)  An insurance carrier is not required to comply with
  Subsection (a) if the claim results from an employee's disability
  or death for which a presumption is claimed to be applicable under
  Section 408.009 of this code or Subchapter B, Chapter 607,
  Government Code, and, not later than the 15th day after the date on
  which the insurance carrier received written notice of the injury,
  the insurance carrier has provided the employee and the division
  with a notice that describes all steps taken by the insurance
  carrier to investigate the injury before the notice was given and
  the evidence the carrier reasonably believes is necessary to
  complete its investigation of the compensability of the
  injury.  The commissioner shall adopt rules as necessary to
  implement this subsection.
         SECTION 3.  Section 415.021(c-2), Labor Code, is amended to
  read as follows:
         (c-2)  In determining whether to assess an administrative
  penalty involving a claim in which the insurance carrier provided
  notice under Section 409.021(a-3), the commissioner shall consider
  whether:
               (1)  the employee cooperated with the insurance
  carrier's investigation of the claim;
               (2)  the employee timely authorized access to the
  applicable medical records before the insurance carrier's deadline
  to:
                     (A)  begin payment of benefits; or
                     (B)  notify the division and the employee of the
  insurance carrier's refusal to pay benefits; and
               (3)  the insurance carrier conducted an investigation
  of the claim, applied the statutory presumptions under Section
  408.009 of this code or Subchapter B, Chapter 607, Government Code,
  and expedited medical benefits under Section 504.055.
         SECTION 4.  Section 408.009, Labor Code, as added by this
  Act, applies only to a claim for workers' compensation benefits
  filed on or after the effective date of this Act. A claim filed
  before that date is governed by the law as it existed on the date the
  claim was filed, and the former law is continued in effect for that
  purpose.
         SECTION 5.  This Act takes effect immediately if it receives
  a vote of two-thirds of all the members elected to each house, as
  provided by Section 39, Article III, Texas Constitution.  If this
  Act does not receive the vote necessary for immediate effect, this
  Act takes effect September 1, 2023.