HBA-DMD H.B. 2506 76(R) BILL ANALYSIS Office of House Bill AnalysisH.B. 2506 By: Solomons Business & Industry 3/11/1999 Introduced BACKGROUND AND PURPOSE Under current law, the Texas Workers' Compensation Commission promulgates a fee schedule for reimbursement of services provided to an injured worker. Employers and carriers that provide workers' compensation coverage cannot negotiate a more favorable rate for providing ancillary services that are necessarily provided by a treating doctor, such as physical therapy, x-rays, and other diagnostic tests. H.B. 2506 requires an employee to receive all medical services ancillary to this Act at the direction of the employer or employer's designee. Additionally, the bill specifies services ancillary to medical treatment under this Act. RULEMAKING AUTHORITY It is the opinion of the Office of House Bill Analysis that this bill expressly delegates rulemaking authority to the Texas Workers' Compensation Commission in SECTION 1 (Section 408.029, Labor Code) of this bill. SECTION BY SECTION ANALYSIS SECTION 1. Amends Chapter 408, Subchapter B, Labor Code, by adding Section 408.029, as follows: Sec. 408.029. ANCILLARY SERVICES. (a) Requires an employee to receive all medical services ancillary to the medical treatment provided under this Act at the direction of the employer or the employer's designee. (b) Requires services ancillary to the medical treatment provided under this Act to include all physical and occupational therapy, work hardening and conditioning, pain management, biofeedback, psychological referrals, functional capacities evaluations, diagnostics in excess of the fee permitted under medical fee guidelines established by the commission, physician referrals, home health services, durable medical equipment, and other services that the Texas Workers' Compensation Commission is authorized to recognize in rules promulgated consistent with this Act. SECTION 2.Effective date: September 1, 1999. Makes this Act prospective to a compensable injury that occurs on or after the effective date. SECTION 3.Emergency clause.