Summary of Texas Bills Other Than HB 7

Saturday, August 13, 2005 | 0

The following is a summary by the Texas Workers' Compensation Commission of bills enacted by the 79th Legislature (other than HB 7). This is not intended to be comprehensive description of each bill, but rather a brief overview. In addition, this summary may not include all workers' compensation related bills.

HB 162 by McCall
Amends Section 81.048 and adds Section 81.0955, Health and Safety Code. Changes are as follows:

-- Amends Section 81.408 by adding a detention officer and a county jailer to the list of persons who must be notified of a positive test result for a reportable disease.

-- Adds Section 81.0955, relating to testing for accidental exposure (of certified emergency medical services personnel, firefighters, peace officers or first responders) to blood or other bodily fluids of a person who dies at the scene of an emergency or during transport to the hospital. Requires a hospital, certified emergency medical services personnel, or a physician on behalf of the person exposed (following a report of the exposure) to take reasonable steps to test the deceased person for communicable diseases.

HB 251 by Eissler
Amends the Labor Code, Section 402.084, Records Check; Release of Information.

-- Amends subsection (b)(8), relating to entities who may obtain WC claim information - eliminates use of term "sub-claimant" and instead provides that an insurance carrier (who has adopted an anti-fraud plan under the Insurance Code) may obtain specific workers' comp claim information from the Commission, as described under subsection (c-3).

-- Amends Subsection (c-1) and defines, for purposes of this Section only, "insurance carrier" to include certified self insurers, health insurance company, HMOs, self-funded health plans under ERISA, and certain governmental plans. Amends Subsection (c-2) to provide that the insurance carrier does not have to demonstrate the existence of sub-claims to access the information.

-- Amends Subsection (c-3) and provides that an insurance carrier or a representative of the carrier may submit requests for claim information (relating to a person who is or has been insured under the carrier's coverage) to the commission on a monthly basis and defines the specific claim information that the commission must provide if it is available. The claim information must be provided in an electronic format.

-- Amends Subsection (c-4) and provides that a potential sub-claim identified by a carrier or representative receiving claim information may form the basis for the identification and prosecution of a sub-claim under this title. Amends Subsection (c-5) and provides that information received by an insurance carrier or its representative, remains subject to the confidentiality requirements of the statute. Amends Subsection (c-6) to provide that the Commission may not redact claims records under a request made under this section.

-- Amends Subsection (c-7) to provide that an insurance carrier may request, and the Commission shall provide, the records once a month. Amends Subsection (d) to provide that the commission may establish, by rule, a reasonable fee for all information requested by an insurance carrier as described under subsection (b)(8) and caps the fee at 5 cents per individual claimant information requested. Amended Subsection (d) also requires the Commission to adopt rules regarding security parameters for transfers of information requested, and the maintenance of electronic data in the possession of an insurance carrier described in (c-1) or an authorized representative.

-- Amends the Health & Safety Code, Section 671.013, relating to autopsy reports.

-- Amendments to subsection (d) provide that an autopsy report relating to a workers' compensation claim must be released no later than the 15th day after the request for such report is received.

New subsection (e) provides that if an autopsy report has not been filed, the office designated by the autopsy order must (no later than the 10th day after a request for the report) notify the requestor that the report has not been received and when the report is anticipated to be received.

HB 1353 by Cook
Adds Subchapter J to Chapter 407A of the Labor Code, establishing a guaranty fund for certain groups certified to self-insure for workers' compensation coverage.

HB 1428 by Isett
Amends Subchapter Z, Chapter 661, Government Code, by adding Section 661.918. Injury Leave for Certain Peace Officers.

-- Provides that a peace officer is entitled to injury leave, without a deduction in salary, without being required to use compensatory time or any other type of leave, for up to one year, for an injury resulting from an assaultive offense under Chapter 22, Penal Code, that occurs during the course of the person's performance of duty.

-- Also, a person may simultaneously be on injury leave and receive workers' comp medical benefits, but is not eligible for disability retirement benefits while on injury leave.

-- A person is entitled to workers' compensation indemnity benefits which accrue pursuant to Title 5, Labor Code, after the discontinuation or exhaustion of injury leave allowed under this section.

HB 2017 and HB 2018 by Swinford
Re-codification of Insurance Code -- non-substantive revisions of statutes relating to the Texas Department of Insurance, the business of insurance including workers' compensation insurance, and certain related businesses, including conforming amendments, repeals, and penalties.

HB 2157 by Smithee
Revisions to Insurance Code relating to receivership of carriers and penalties. May impact WC carriers.

HB 2388 by Thompson
Amends Insurance Code, Chapter 701, to require reports to TDI (of any reasonable suspicion or knowledge of fraudulent acts being committed or about to be committed in this state) within 30 days of the determination.

-- Provides that a person who is a member of an organization (primarily dedicated to the detection, investigation, and prosecution of insurance fraud) fully complies with the person's obligations by authorizing the organization to report (on the person's behalf) information required to be reported. The person retains any liability resulting from the failure of the organization to report in a manner that complies with these requirements.

-- Language added also requires the report to be made in the format prescribed by the fraud unit or by the National Association of Insurance Commissioners.

-- Provides that a report made to the insurance fraud unit at TDI constitutes notice to each other authorized governmental agency. Provides that if an insurance carrier is conducting their own investigation, the carrier does not have to complete the investigation before making the report to TDI.

-- Removes the provision that allowed an authorized governmental agency or an insurer to request any relevant information or material relating to a matter under investigation. Repeals