HBA-ATS H.B. 2505 76(R)        BILL ANALYSIS


Office of House Bill AnalysisH.B. 2505
By: Brimer
Business & Industry
3/11/1999
Introduced



BACKGROUND AND PURPOSE 

Today, a conundrum exists in the workers' compensation system.  Although
the number and severity of occupational injuries have declined by more than
27 percent since 1991, according to the Texas Research and Oversight
Council on Workers' Compensation, the medical costs associated with a claim
now exceed the national average by more than 50 percent.  The average claim
in the U.S. is $2,700; the average claim in Texas is $4,100.  To many
employers, both large and small, the increase is due to the fact that the
law does not allow employers to choose the doctor responsible for the
initial treatment of their injured employees.  That choice belongs to an
injured employee, who often seeks referrals from an employer when deciding
which doctor to choose.  Studies suggest that employees who use treating
physicians recommended by their employers are satisfied with the care and
treatment they received. 

H.B. 2505 entitles an injured employee to choose a treating doctor from a
list supplied by an employer for the first 100 days after the date the
injury is reported to the employer. 

RULEMAKING AUTHORITY

It is the opinion of the Office of House Bill Analysis that this bill does
not expressly delegate any additional rulemaking authority to a state
officer, department, agency, or institution. 

SECTION BY SECTION ANALYSIS

SECTION 1.  Amends Section 408.022, Labor Code, to add a provision
entitling an injured employee to choose a treating doctor from a list
supplied by an employer for the first 100 days after the date the injury is
reported to the employer.  Makes a conforming change. 

SECTION 2.  Effective date: September 1, 1999.
            Makes application of this Act prospective.

SECTION  3.  Emergency clause.