Status of Texas Work Comp Bills

Saturday, April 7, 2007 | 0

By Steven W. Nichols

The 80th Texas Legislature convened on Jan. 9, and will be in session until May 28. A total of 58 workers' compensation bills have been filed.

The Insurance Council of Texas (ICT) is not a lobby organization and does not have a position for or against the legislation summarized in this workers' compensation bulletin. This bulletin has been prepared to provide our members with an overview of the workers' compensation legislation filed to date during the legislative session and should not be construed as a statement of position on the legislation by ICT.

The status of the legislation summarized in this bulletin is current as of March 26.

House Bill 34, Rep. Burt Solomons (R-Carrollton)

The legislation will make it an administrative violation for a person who has authority to request the performance of a service regarding the management of a workers' compensation claim to pay, allow, give, directly or indirectly a fee, rebate or other consideration not authorized for services.

Status: Placed on General State Calendar in Calendars Committee on March 27.

HB 471, Solomons

It proposes an amendment of the Texas Labor Code to allow Office of Injured Employee ombudsmen assisting an injured employee to obtain medical records from a health care provider at no cost.

Status: Considered in public hearing on March 6, and left pending in the Business and Industry Committee.

HB 472, Solomons

The legislation would provide for the regulation of third-party administrators, including administrators with delegated duties in the workers' compensation system by the Texas Department of Insurance.

Status: Considered in public hearing on March 6, and left pending in the Business and Industry Committee.

HB 473, Solomons

This legislation would amend the Labor Code to provide that insurance carriers may pay fees to a health care provider that exceed the fees adopted by the division under the fee guidelines if access to medically necessary and reasonable treatment for the injured employees is hindered by the application of the fee guidelines adopted by the division and the insurance carrier or a network has a contract with the health care provider and that contract includes a specific fee schedule. The bill would prohibit the use of fee discount agreements and networks by insurance carriers and their agents.

Status: Considered in public hearing on March 6. Reported favorably out of the Business & Industry Committee as amended on March 13. Placed on General State Calendar in Calendars Committee on March 27.

HB 672, Rep. David Swinford, R-Amarillo

The legislation would make Texas Mutual Insurance Co. exempt from the requirements of the Texas Public Information and Open Meeting Acts.

Status: Left pending in committee.

HB 724, Solomons

This legislation would amend Labor Code Section 413.031 that governs medical dispute resolutions to allow a disputing party to have a contested case hearing to appeal a medical dispute resolution decision of the Division of Workers' Compensation (DWC) or the decision of an informal review organization without the prerequisite benefit review conference. The legislation is a response to a Travis County district court decision that found the elimination of an administrative law hearing prior to proceeding to district court unconstitutional.

Status: Left pending in committee.

HB 886, Rep. Helen Giddings, D-De Soto

The legislation would provide small employers who wish to participate in the DWC's pilot return-to-work pilot program with the ability to obtain preauthorization of and payment for the work site modifications they wish to pay for to assist in the return of an injured employee to work.

Status: Passed by the House of Representatives on March 22 without amendments. Forwarded to the Senate.

HB 888, Giddings

The bill, which is similar to HB 471, would amend the Labor Code to allow Office of Injured Employee ombudsmen assisting an injured employee to obtain medical records from a health care provider at no cost.

Status: Considered in public hearing on March 6. Left pending in committee.

HB 1003, Giddings

The legislation would require that doctors who perform review of medical necessity disputes for independent review organizations to be licensed in Texas.

Status: Passed by the House of Representatives on March 21, without amendments. Forwarded to the Senate.

HB 1004, Giddings.

This legislation would require employers to allow injured employees time off work to obtain health care treatment related to a compensable injury. HB 1004 provides that an employer may require an injured employee to use accrued sick leave or similar leave when taking time off from work to obtain health care treatment. The legislation also provides that an employer may require an employee to provide documentation that the time off of work was for the purpose of obtaining health care treatment.

Status: Considered in public hearing on March 20. Left pending in committee.

HB 1005, Giddings

The legislation would provide that a health care provider who erroneously submits a medical bill to either a group accident or health insurer or to the wrong workers' compensation insurer does not forfeit their right to payment if the erroneous submission of the bill results in the bill being filed in an untimely manner with the workers' compensation insurer.

Status: Considered in public hearing on March 20. Left pending in committee.

HB 1006, Giddings

This legislation would amend Section 408.023(h) to require utilization review agents to use Texas licensed doctors who perform utilization review.

Status: Passed by the House on March 21, without amendments. Forwarded to the Senate.

HB 1152, Rep. Craig Eiland, D-Galveston

This bill would prohibit the inclusion of provisions in construction insurance contracts that require workers' compensation policies to include a subrogation waiver. HB 1152 is similar to Senate Bill 346 filed by Sen. Robert Duncan, R-Lubbock.

Status: Considered in public hearing on March 7. Left pending in committee.

HB 1247, Rep. Larry Taylor, R-League City

The legislation would allow group health insurers to seek reimbursement of health care paid under an injured employee's group health insurance policy as a sub-claimant. The bill would provide the DWC with the authority to order workers' compensation insurers to reimburse the sub-claimant for health care expenses paid by the group health insurer who later determines that the health care was related to a workers' compensation claim.

Rep. Taylor also filed similar legislation that provides for this type of dispute to proceed directly to a Contested Case Hearing. See HB 1306.

Status: Referred to the House's Business & Industry Committee on Feb. 13. No action is expected on this bill at this time.

HB 1285 Rep. William Zedler, R-Arlington

The legislation would require insurers that establish or contract with a network certified to provide health care services under the Texas Workers' Compensation Act must present evidence satisfactory to the commissioner of insurance that the carrier is URAC-accredited or accredited by a similar national organization recognized by the commissioner.

Status: Referred to the House of Representatives' Business & Industry Committee on Feb. 14. No action is expected on this bill at this time.

HB 1301, Zedler

This legislation would provide that when an insurer files a lawsuit, the injured employee can request and the court shall appoint an attorney to represent the injured employee before the court.

This bill is a companion bill to Senate Bill 287 filed by Sen. Eduardo A. "Eddie" Lucio, D-Brownsville.

Status: Referred to the House of Representatives' Business & Industry Committee on Feb. 14.

HB 1306, Rep. Larry Taylor, R-League City

The legislation would allow group health insurers to seek reimbursement of health care paid under an injured employee's group health insurance policy as a sub-claimant.

HB 1306 also provides that compensable claims would proceed to a Contested Case Hearing without a Benefit Review Conference being held.

Taylor also filed similar legislation that provides for this type of dispute to proceed to Arbitration as provided for by Labor Code. See HB 1247.

Status: Referred to the House's Business & Industry Committee on Feb. 20.

HB 1464, Zedler

The legislation would amend Section 408.023(h) to require utilization review agents to use doctors professionally licensed in Texas to perform reviews of health care services.

Status: Referred to the House's Business & Industry Committee on Feb. 20.

HB 1465, Zedler

The bill would require a benefit review officer who presides over a benefit review conference to consider and act upon a written or verbal request for an interlocutory order for the payment of benefits.

Status: Referred to the Business & Industry Committee on Feb. 20.

HB 1593, Villarreal

This legislation would provide for a pilot project for voluntary alternative workers' compensation coverage agreements between certified self-insurers, individually insured employers, or employers engaged in construction, construction maintenance, or construction inspection, and labor organizations that is the recognized or certified exclusive representative for employees employed by such a self-insurer or employer. The pilot program would be abolished Sept. 1, 2017.

Status: Considered in public hearing on March 20. Left pending in the committee.

HB 1664, Zedler

The legislation would allow an employee required to be examined by a designated doctor to request a medical examination to determine maximum medical improvement and the employee's impairment rating from the treating doctor or from another doctor to whom the employee is referred by the treating doctor if:

*the designated doctor's opinion is the employee's first evaluation of maximum medical improvement and impairment rating; and

*the employee is not satisfied with the designated doctor's opinion. The bill would require the commissioner to provide the insurance carrier and the employee with reasonable time to obtain and present the opinion of the designated doctor to the Division of Workers' Compensation prior to a decision being rendered on the merits of the maximum medical improvement and/or impairment rating issue. Companion bill to SB 1387 by Sen. Van de Putte.

Status: Referred to the Business & Industry Committee on Feb. 26.

HB 1730, Rep. David McQuade Leibowitz, D-San Antonio

HB 1730 provides that a contract between an employer who does not have workers' compensation coverage and an employee is unconscionable and unenforceable if the contract:

* affects a procedural or substantive right of the employee to recover damages for personal injury or death sustained by the employee in the course and scope of the employee's employment; and

* is entered into before the 10th day after the date the cause of action against the employer arises.

Status: Referred to the Business & Industry Committee on Feb. 26.

HB 1731, Leibowitz

The legislation would require employers who do not obtain or otherwise provide workers' compensation insurance coverage to report to the DWC each work-related injury sustained by an employee of the employer during the preceding year that resulted in the employee being absent from one or more days of work, a modification of the employee's work assignment, a medical diagnosis of a significant occupational injury or disease, or required medical treatment beyond first aid.

Status: Referred to the Business & Industry Committee on Feb. 26.

HB 1772, Villarreal

Non-subscriber employers will be required to report specific data to the DWC.

Status: Considered in public hearing on March 20. Left pending in committee.

HB 1911,Rep. Gary Elkins, R-Houston

The bill would amend Section 413.011(d) by deleting the sentence "The commissioner shall consider the increased security of payment afforded by this subtitle in establishing the fee guidelines." The current fee schedule uses Medicare charges as its basis.

Status: Considered in public hearing on March 20. Left pending in committee.

HB 1914, Eiland

The legislation would amend Sections 2053.151(a) through (c) of the Texas Insurance Code by providing that the insurance commissioner by rule shall prescribe the information that must be reported on each workers' compensation claim. HB 1914 would also provide the insurance commissioner with the authority to reduce or eliminate reporting requirements for insurance companies whose workers' compensation insurance business falls below a specific minimum premium volume established by the commissioner by rule.

Status: Referred to the House of Representatives' Civil Practices Committee on Feb. 28.

HB 1940, Zedler

The legislation would amend Subsection (k) of Section 413.031 of the Labor Code and add new Subsections (k-1), (k-2), and (k-3) to that section of the statue and provide for the appeal of a medical dispute resolution decision to the State Office of Administrative Hearings. The bill provides that the hearing must be conducted in the manner provided for a contested case under Chapter 2001 of the Government Code. The bill also provides that an insurance carrier found, after judicial review to have wrongfully or negligently contested a payment for a health care service is liable for the costs of the litigation, including attorney's fees.

Status: Considered in public hearing on March 20. Left pending in the committee.

HB 1970,Zedler

This legislation would amend Section 413.011 of the Labor Code by amending Subsections (a) and (b) and by adding Subsections (a-1) and (b-1) to provide that the commissioner of workers' compensation must adopt health care reimbursement policies and guidelines that reflect the standardized reimbursement structures found in other health care delivery systems, including group health insurance plans, with minimal modifications to those reimbursement methodologies as necessary to meet occupational injury requirements.

Status: Referred to the House of Representatives' Business & Industry Committee on March 5. Considered in public hearing on March 20. Left pending in the committee.

HB 2004, Giddings

The legislation would amend Labor Code Subchapter A, Chapter 408 by adding Sections 408.0043 through 408.0046. These new sections would require peer reviews, utilization review, including retrospective review of health care, and independent reviews by an independent review organization doctor to be performed by a doctor who holds a professional certification in a health care specialty appropriate to the type of health care the injured employee is receiving. The bill would also impose the same professional certification requirement on doctors who act as designated doctors, required medical examination doctors, and perform reviews under the auspices of the Division of Workers' Compensation's Medical Quality Review Panel.

Status: Referred to the Business & Industry Committee on March 5. Considered in public hearing on March 20. Left pending in the committee.

HB 2166, Rep. Kevin Bailey, D-Houston,

This legislation would provide for a pilot project for voluntary alternative workers' compensation coverage agreements between certified self-insurers, individually insured employers, or employers engaged in construction, construction maintenance, or construction inspection and labor organizations that is the recognized or certified exclusive representative for employees employed by such a self-insurer or employer. The bill is similar to HB 1593.

Status: Referred to the House of Representatives' Business & Industry Committee on March 6. Considered in public hearing on March 20. No action taken in the committee during the March 20, public hearing.

HB 2192, Eiland

The legislation would amend Section 15.018(b) of the Texas Civil Practice and Remedies Code and provide for the filing of a lawsuit in a county in a coastal area, as defined by Section 33.004(5), Natural Resources Code.

Status of Bill: Referred to the House's Civil Practices Committee on March 6. Considered in public hearing on March 21. Left pending in the committee.

HB 2262, Eiland

This legislation would amend the Civil Practice and Remedies Code by adding Title 10 and providing that a covenant, promise, or understanding contained in a construction contract, or in an agreement collateral to or affecting a construction contract, is void and unenforceable if it purports to indemnify, hold harmless, or defend a person against loss or liability for damage that is caused by or results from the breach of contract or warranty by the indemnitee, the sole or concurrent negligence of the indemnitee, or a fine, penalty, administrative action, or other action assessed by a governmental entity directly against the indemnitee. The bill provides that an indemnitee includes the indemnitee's agent or employee or an independent contractor, other than the indemnitor, directly responsible to the indemnitee.

Status of Bill: Referred to the House of Representatives' Civil Practices Committee on March 7.

HB 2298, Leibowitz

This legislation would amend Labor Code Section 451.001 by providing that an injured employee whose employer does not have workers' compensation insurance coverage may not be discharged or in any other manner discriminated against because the employee has instituted or caused to be instituted a good faith proceeding under common law relating to an injury sustained by the employee in the course and scope of the employee's employment or has testified or is about to testify in a proceeding related to an injury sustained by the employee in the course and scope of the employee's employment.

Status: Referred to the House's Business & Industry Committee on March 8.

HB 2423, Leibowitz

This legislation would amend Labor Code Section 406.004(a) by requiring an employer who does not obtain workers' compensation insurance coverage to provide to the DWC, in conjunction with the statutory required notification that the employer elects not to obtain coverage, data relating to each work-related injury sustained by an employee of the employer and any related benefits paid to the employee by the employer and certification that the employer will not, before the 10th day after the date of the accrual of an employee's cause of action against the employer to recover damages for personal injury or death sustained by the employee in the course and scope of the employee's employment, enter into a contract with the employee that affects a procedural or substantive right of the employee to recover damages in that action.

Status: Referred to the House's Business & Industry Committee on March 12.

HB 2430, Rep. Jessica Farrar, D-Houston

This bill would amend Subtitle A, Title 5 by adding Chapter 420 and providing for definitions of the terms employee, employer, job applicant, post-accident testing, substance, and substance abuse test. The bill would not require an employer to conduct substance abuse testing of employees but would provide that an employer may establish policies that are supplemental to and not inconsistent with the proposed Chapter 420.

The legislation would also amend Chapter 2053 of the Texas Insurance Code by adding Subchapter G and Sec. 420.033 to provide for the certification of an employer as having a drug-free workplace. The bill would also amend Chapter 2053 of the Texas Insurance Code by adding Subchapter G that would provide for a workers' compensation insurance premium discount for employers with drug-free workplaces. The legislation requires the insurance commissioner to adopt a plan under which each insurer shall grant a discount to an employer who obtains workers' compensation insurance coverage from that insurer and applies for the discount in the manner prescribed by the commissioner. The insurer would be required to grant a discount in a percentage set by the commissioner by rule based upon the amount of the employer's workers' compensation premium. The bill provides that the percentage set by the commissioner must not be greater than five percent. The premium discount would be valid for the term of the policy or contract of insurance. An employer would be required to reapply for the discount on renewal of the policy or contract.

Status: Referred to the House's Business & Industry Committee on March 12.

HB 2509, Rep. Armando "Mando" Martinez, D-Weslaco

This legislation would add Section 418.003 and provide that a person who commits an offense under this chapter may be prosecuted under this new chapter or any other law under which he or she may be prosecuted.

Status: Referred to the Business & Industry Committee on March 12.

HB 2515, Rep. Ruth Jones McClendon, D-San Antonio

The bill continues State Office of Risk Management until Sept. 1, 2019.

Status: Referred to the House of Representatives' Business & Industry Committee on March 13.

HB 2519, Rep. Yvonne Davis, D-Dallas

This legislation would amend Labor Code Chapter 408 by adding Subchapter M and providing that the commissioner of workers' compensation may award transition-to-work income benefits to injured employees who have exhausted their eligibility for supplemental income benefits provided that the injured employee demonstrates an active effort to obtain employment. The bill requires the commissioner of workers' compensation to establish work search compliance standards by rule.

Status: Referred to the Business & Industry Committee on March 13.

HB 2579, Rep. Garnet F. Coleman, R-Houston

The bill would amend Section 408.0042(d) and provide that an insurance carrier may not deny payment based on compensability if the insurance carrier has pre-authorized the treatment and the treatment is rendered.

Status: Referred to the House's Business & Industry Committee on March 13.

HB 2667, Rep. Thomas Latham, R-Sunnyvale

This legislation would add Subchapter H to Chapter 614 of the Government Code and require that an applicable state agency or political subdivision insure each volunteer firefighter or volunteer police force member against any injury suffered by the volunteer firefighter or police force member in the course and scope of performing the person's assigned duties at the request of or under a contract with a state agency or political subdivision. The bill does not appear to impact the insurance industry.

Status: Referred to the House's Urban Affairs Committee on March 13.

HB 3253, Rep. Jim Pitts, R-Waxahachie

This legislation would amend Section 410.255(a) of the Labor Code and require that the judicial review of a contested case be conducted in the county in which the employee resided on the date of the compensable injury or death that is the subject of the claim.

Status: Referred to the House's Business & Industry Committee on March 20.

HB 3468, Rep. Diane White Delisi, R-Temple

The legislation would amend Sections 408.001(b) and (c) and would provide the parents of a deceased employee with legal standing to file a law suit to seek and recover exemplary damages caused by an intentional act or omission of the employer or by the employer's gross negligence. The legislation would also allow that the surviving spouse, parents, and heirs of the body of the deceased employee may bring the action or one or more of those individuals may bring the action for the benefit of all. The term "parent" would be defined as meaning the mother or the father of a deceased employee, and includes an adoptive parent or a stepparent. The term would not include a parent whose parental rights have been terminated.

Status: Referred to the House's Business & Industry Committee on March 21.

HB 3724, Elkins

This legislation would amend Section 408.0041 by adding Subsection (f-1) to provide that the subsequent injury fund shall reimburse an insurance carrier for any overpayment of benefits made by the insurance carrier under Subsection (f) based on an opinion rendered by a designated doctor if that opinion is reversed or modified by a final arbitration award or a final order or decision of the commissioner or a court.

Status: Referred to the Business & Industry Committee on March 21.

HB 3823, Rep. Diane White Delisi, R-Temple

This legislation would amend Section 408.182 by adding Subsection (d-1) and providing that if a worker dies as the result of a compensable injury and there is no eligible spouse, no eligible child, and no eligible grandchild, and there are no surviving dependents of the deceased employee who are parents, siblings, or grandparents of the deceased, the death benefits shall be paid in equal shares to surviving eligible parents of the deceased worker.

Status: Referred to the House's Business & Industry Committee on March 22.

SB 192, Sen. Kenneth "Kim" Brimer, R-Fort Worth

This legislation would amend Section 2054.007 of the Texas Insurance Code and provide that the Texas Open Meetings and open records laws of Texas do not apply to the Texas Mutual Insurance Co.

Status: Passed by the Texas Senate on March 14. Received by the House on March 15.

SB 287, Sen. Eduardo A. "Eddie" Lucio, D-Brownsville

This legislation would provide that when an insurer files a lawsuit, the injured employee can request and the court shall appoint an attorney to represent the injured employee before the court.

This bill is a companion bill to HB 1301 filed by Zedler.

Status: Passed out of the Senate State Affairs Committee as substituted on March 21.

SB 346, Duncan

The legislation would amend the Civil Practice and Remedies Code by adding Title 10, Additional Miscellaneous Provisions that includes definitions for the terms "additional insured" and "construction contract". The bill would make specific covenants, promises, or understandings contained in a construction contract, or in an agreement collateral to or affecting a construction contract, void and unenforceable if it indemnifies, holds harmless, or defends a person against loss or liability for damage that is caused by the breach of contract or warranty by the indemnitee, the sole or concurrent negligence of the indemnitee, a fine, penalty, administrative action, or other action assessed by a governmental entity directly against the indemnitee.

Status: Referred to the Senate State Affairs Committee on March 6,. Passed out of the Senate State Affairs Committee as substituted on March 21.

SB 458, Sen. Kirk Watson, D-Austin

This legislation would amend Section 401.011(19)(F) by changing the definition of the term "health care" and provide that a prosthetic or orthotic device and fitting of, change, or repair of those devices are health care. The bill would also add definitions for the terms "orthotic device" and "prosthethic device."

Status: Passed out of the Senate State Affairs Committee on March 7. Passed out of the Senate on March 14. Received from the Senate by the House on March 15.

SB 471, Brimer

The legislation would require the commissioner of insurance to establish, by rule, reporting requirements for insurance companies regarding workers' compensation claims.

Status: Passed out the Senate State Affairs Committee on March 14. Recommended for local and uncontested calendar on March 14.

SB 518, Sen. Rodney Ellis, D-Houston

The legislation would amend Section 431.104 of the Government Code and provide that a member of the state military forces who is killed or disabled while engaged in authorized training or duty is entitled to receive compensation under Chapter 501, Labor Code, regardless of whether the member is a United States citizen.

The bill would cap income benefits at 100 percent of the state average weekly wage and death benefits would be capped at 400 percent of the state average weekly wage as determined under Section 408.047 of the Labor Code.

Status: Considered in a public hearing on March 7, and left pending in committee.

SB 908, Brimer

The legislation continues the State Office of Risk Management (SORM) and contains the Sunset Advisory Commission's recommendations to improve the agency's functions.

Status: Referred to the Texas Senate Government Organization Committee on March 7. Passed out of the Senate Government Organization Committee on March 20.

SB 929, Sen. Mike Jackson, R-Pasadena

The legislation would amend Subsection (k) of Section 413.031 of the Labor Code and add new Subsections (k-1), (k-2), and (k-3) to that section of the statue and provide for the appeal of a medical dispute resolution decision to the State Office of Administrative Hearings. The bill provides that the hearing must be conducted in the manner provided for a contested case under Chapter 2001 of the Texas Government Code.

SB 929 is a companion bill to HB 1040 filed by Zedler.

Status: Referred to the Senate State Affairs Committee on March 7. Considered in a public hearing on March 19. Passed out of the Senate State Affairs Committee as substituted on March 22. Placed on intent calendar on March 26.

SB 1169, Sen. Kyle Janek, R-Houston

This legislation would amend Section 408.0041 of the Labor Code by adding Subsection (f-1) to provide that the subsequent injury fund shall reimburse an insurance carrier for any overpayment of benefits made by the insurance carrier under Subsection (f) based on an opinion rendered by a designated doctor if that opinion is reversed or modified by a final arbitration award or a final order or decision of the commissioner or a court. The bill would require that the commissioner of workers' compensation adopt rules to provide for a periodic reimbursement schedule and providing for reimbursement at least annually.

Status: Referred to the Senate State Affairs Committee on March 14.

SB 1387, Sen. Leticia Van de Putte, D-San Antonio

The legislation would allow an employee required to be examined by a designated doctor to request a medical examination to determine maximum medical improvement and the employee's impairment rating from the treating doctor or from another doctor to whom the employee is referred by the treating doctor if:

* the designated doctor's opinion is the employee's first evaluation of maximum medical improvement and impairment rating; and

* the employee is not satisfied with the designated doctor's opinion.

Companion bill to HB 1664 filed by Zedler.

Status: Referred to the Senate State Affairs Committee on March 20.

SB 1627, Sen. John Carona, R-Dallas

The legislation would allow a person to be prosecuted for workers' compensation fraud in the same manner as other insurance fraud.

Status: Referred to the Senate State Affairs Committee on March 21.

SB 1767, Sen. Kirk Watson, D-Austin

This legislation would amend Labor Code Section 408.023(h) to require utilization review agents to use Texas licensed doctors who perform utilization review. Section 408.023(h) of the Texas Labor Code currently allows utilization review agents to use doctors licensed by another state so long as they are working under the direction of a doctor licensed in Texas.

SB 1767 is a companion bill to HB 1006 filed by Giddings. HB 1006 has been passed by the House of Representatives.

Status: Referred to the Senate State Affairs Committee on March 21.

SB 1768, Watson

The bill would amend the Labor Code to allow Office of Injured Employee ombudsmen assisting an injured employee to obtain medical records from a health care provider at no cost.

SB 1768 is a companion bill to HB 471 filed by Solomons and HB 888 filed by Giddings.

Status: Referred to the Senate State Affairs Committee on March 21.

SB 1910,Jackson

This legislation would amend Section 413.011(d) to provide that the medical benefits fee guidelines adopted by the commissioner of workers' compensation not provide for payment of a fee in excess of the fee charged for similar treatment of an employed injured individual of an equivalent standard of living and paid by that individual or by someone acting on that individual's behalf.

Status: Referred to the Senate State Affairs Committee on March 22.

HB 839, Eiland and Rep. Patrick Rose, D-Dripping Springs

The legislation provides for the regulation of the use of physician fee discount agreements and would require contracting agents to register with the Texas Department of Insurance. The bill could have an impact on the workers' compensation system if the legislation passed is expanded to include the regulation of the Texas workers' compensation system.

Status: Considered during a public hearing on March 5. The bill has been left pending in the House Insurance Committee.

SB 630. Sen. Dan Patrick, R-Houston

This legislation would create a public integrity unit in the office of the attorney general to prosecute offenses against public administration, including ethics offenses, and offenses involving insurance fraud. The Travis County district attorney currently has the authority to prosecute these types of offenses.

Status: Referred to the Senate State Affairs Committee on Feb. 27.

SJR 26, Patrick

This is a constitutional amendment to permit the attorney general to prosecute offenses against public administration, including ethics offenses, and offenses involving insurance fraud.

Status: Referred to the Senate State Affairs Committee on March 6.

Steven W. Nichols is the manager of Workers' Compensation Services for the Insurance Council of Texas.

----------------------------------------

The views and opinions expressed by the author are not necessarily those of workcompcentral.com, its editors or management.