HBA-NIK, ATS H.B. 2510 76(R)BILL ANALYSIS


Office of House Bill AnalysisH.B. 2510
By: Dukes
Business & Industry
9/20/1999
Enrolled



BACKGROUND AND PURPOSE 

This bill addresses several miscellaneous workers' compensation issues.

Prior to the 76th Legislature, the interest rate applicable to late benefit
payments was based on the auction rate for 52-week U.S. treasury bills.
H.B. 2510 increases the statutory interest and discount rate used under the
Texas Workers' Compensation Act by adding 3.5 percent to the auction rate
quoted on a discount basis for the 52-week U.S. treasury bills. 

The Texas Workers' Compensation Commission (commission) is composed of six
members who serve on a part-time basis.  Prior to the 76th Legislature,
members were entitled to be reimbursed for lost wages for attending a
commission meeting, not to exceed one day in each calendar quarter. Some
members had to use their annual/vacation leave to attend to commission
business, including commission hearings.  A member did not lose pay when
leave benefits were used.  Consequently, reimbursement could not be
claimed.  H.B. 2510 includes the use of leave benefits, in addition to
actual lost wages, as the two occurrences for which a member of the
commission is entitled to reimbursement for attendance at specified
meetings.  In addition, this bill includes attendance at commission
hearings among the events for which a member is entitled to receive
reimbursement, and deletes the condition that commission meetings and
hearings attended by a member are not to exceed one day in each calendar
quarter.  Additionally, this bill decreases from $12,000 to $5,000 the
yearly maximum amount of reimbursement a member is entitled to receive. 

Prior to the 76th Legislature, the law protected only the identity of
injured workers who participated in research projects conducted by the
Research and Oversight Council on Workers' Compensation (council).  No such
protection was afforded to other survey respondents.  The public
availability of the identity of some survey participants may have impacted
the ability of the council to conduct objective surveys of those persons
participating in the Texas workers' compensation system.  H.B. 2510
provides that the identity of an individual or entity selected to
participate in a council survey or who participates in such a survey is
confidential and is not subject to public disclosure under the Government
Code. 

Prior to the 76th Legislature, health care facilities were required, upon
request, to provide medical records to insurance carriers or injured
workers and their attorneys.  This requirement did not apply to health care
providers.  This caused problems when a health care provider refused to
provide an insurance carrier or injured worker or their representative with
records pertaining to an injury.  H.B. 2510 gives health care providers the
same guidelines as health care facilities in providing medical records to
an injured worker, an injured worker's attorney, or an insurance carrier. 

Prior to the 76th Legislature, the law contained conflicting provisions
pertaining to how much an insurance carrier should have paid a health care
provider for treatments or services provided to an injured worker.  Some
sections of the law stated that an insurance carrier should have based
reimbursements on the lesser of the amount billed and the commission's fee
guideline, while another section of the law stated that a carrier should
have paid the fee charged by a health care provider. H.B. 2510 clarifies
that an insurance carrier should reimburse a health care provider at the
level allowed by the commission's guidelines and the statute, rather than
the amount billed by the health care provider. 

The Medical Advisory Committee (MAC) is a statutory advisory body to the
commission's Medical  Review Division.  The MAC assists the commission with
medical rule and guideline development. Prior to the 76th Legislature, the
MAC consisted of 15 people: 11 health care provider representatives; one
employer representative; one employee  representative; and two
representatives of the general public.  The MAC did not have a
representative from the insurance industry.  H.B. 2510 adds an insurance
carrier representative to the mandatory list of members composing the
commission's Medical Advisory Committee. 

Prior to the 76th Legislature, the Insurance Code required insurance
carriers to submit an audited annual report showing year-end loss, expense,
and unearned premium reserves.  In the past, the Texas Department of
Insurance (TDI) had used this report to determine if a carrier's reserves
were sufficient to pay its claims.  However, this information was available
from other sources.  H.B. 2510 deletes provisions in the Insurance Code
that require a carrier to submit an audited annual report showing year-end
loss, expense, and unearned premium reserves to TDI. 

H.B. 2510 also addresses income benefits.  Under this bill, an employee is
not entitled to temporary income benefits and an insurance carrier is
authorized to suspend temporary income benefits during and for the period
in which the employee fails to submit to a medical examination unless good
cause exists, as determined by the commission, in which case the commission
is authorized to order temporary income benefits to be paid for that
period.  An insurance carrier is authorized to suspend or reduce the
payment of temporary income benefits two weeks after it files a notice of
suspension with the commission if a report from a doctor selected by an
insurance carrier indicates that an employee can return to work immediately
or has reached maximum medical improvement. 

RULEMAKING AUTHORITY

It is the opinion of the Office of House Bill Analysis that rulemaking
authority is expressly delegated to the Texas Workers' Compensation
Commission in SECTIONS 8 (Section 408.004, Labor Code), 11 (Section
408.081, Labor Code), 12 (Section 408.124, Labor Code), and 15 (Section
408.181, Labor Code) of this bill. 

SECTION BY SECTION ANALYSIS

SECTION 1.  Amends Section 401.013(a), Labor Code, to redefine the term
"intoxication" in the Texas Workers' Compensation Act. 

SECTION 2.  Amends Section 401.023(b), Labor Code, to increase the
statutory interest and discount rate used under the Texas Workers'
Compensation Act by adding 3.5 percent to the auction rate quoted on a
discount basis for the 52-week U.S. treasury bills. 

SECTION 3.  Amends Sections 402.011(b) and (c), Labor Code, as follows:

(b) Provides that a member of the Texas Workers' Compensation Commission
(commission) is entitled to reimbursement for the use of leave benefits in
addition to actual lost wages. Includes attendance at commission hearings
among the events for which a member is entitled to receive reimbursement.
Deletes the condition that commission meetings and hearings attended by a
member are not to exceed one day in each calendar quarter. 

(c) Decreases from $12,000 to $5,000 the yearly maximum amount of
reimbursement a member is entitled to receive. 

SECTION 4.  Amends Section 402.062, Labor Code, as follows:

Sec. 402.062.  ACCEPTANCE OF GIFTS, GRANTS, AND DONATIONS.  (a) Creates
this subsection from existing text. 

(b) Authorizes the commission to accept a grant paid from the Texas
Workers' Compensation Insurance Fund to implement specific steps to control
and lower medical costs in the workers' compensation system and to ensure
the delivery of quality medical care.  Sets forth that the commission must
publish the name of the grantor and the purpose  and condition of the grant
and provide for a public comment period before the commission is authorized
to accept the grant.  Requires the commission to acknowledge acceptance of
the grant at a public meeting, at which minutes must be kept that include
information that identifies the grantor, the grant, and the purposes for
the use of the grant. 

SECTION 5.  Amends Section 402.085(a), Labor Code, to provide that the
commission is required to release information on a claim to the Research
and Oversight Council on Workers' Compensation, rather than the research
center, for research purposes.  Deletes an entity that provides child
support services under repealed Chapter 76, Human Resources Code, from the
list of entities which receive information on a claim. 

SECTION 6.  Amends Section 404.007(a), Labor Code, to delete receiving
testimony and reports from the Texas workers' compensation insurance
facility from the duties required of the board of directors of the Research
and Oversight Council on Workers' Compensation (board).  Replaces the
office of the attorney general with the State Office of Risk Management as
an entity from which the board is required to receive testimony and
reports.  Makes conforming changes. 

SECTION 7.  Amends Section 404.010, Labor Code, by amending Subsection (a)
and adding Subsection (d), as follows: 

(a) Removes the Texas workers' compensation insurance facility from the
list of entities whose files and records the Research and Oversight Council
on Workers' Compensation (council) is entitled to access.  Makes conforming
changes. 

(d) Provides that the identity of an individual or entity selected to
participate in a council survey or who participates in such a survey is
confidential and is not subject to public disclosure under Chapter 552
(Public Information), Government Code. 

SECTION 8.  Amends Sections 408.004(e) and (f), as follows:

(e) Provides that an employee commits a Class D administrative violation
for failing or refusing to appear at the time scheduled for a medical
examination without good cause, as determined by the commission.  Provides
that an employee is not entitled to temporary income benefits and
authorizes an insurance carrier to suspend temporary income benefits during
and for the period in which the employee fails to submit to the medical
examination unless good cause exists, as determined by the commission, in
which case the commission is authorized to order temporary income benefits
to be paid for that period.  Requires the commission, by rule, to ensure
that an employee receives reasonable notice of an examination and of the
insurance carrier's basis for suspension of payment, and that the employee
is provided a reasonable opportunity to reschedule an examination missed by
the employee for good cause.  Deletes the requirement that the commission
schedule a benefit review conference (review conference) if a report from a
doctor selected by an insurance carrier indicates that an employee can
return to work.  Deletes the prohibition against an insurance carrier from
suspending medical or income benefits payments pending the review
conference. 

(f) Authorizes an insurance carrier to suspend or reduce the payment of
temporary income benefits two weeks after it files a notice of suspension
with the commission if a report from a doctor selected by an insurance
carrier indicates that an employee can return to work immediately or has
reached maximum medical improvement.  Requires the commission to hold an
expedited benefit review conference within ten days after it has received
notice of suspension.  Sets forth that, if a review conference is not held
within two weeks after the commission receives the suspension notice, an
interlocutory order is automatically entered for the continuation of
temporary income benefits, and the insurance carrier is eligible for
reimbursement for any overpayment of benefits.  Provides that the
commission is not required to schedule a contested case hearing if a review
conference is scheduled under this subsection.  Authorizes the commission
to enter an interlocutory order if a review conference is held not later
than the 14th day.  Provides that an insurance carrier is eligible for any
reimbursement for any overpayments of benefits if a review conference is
held not later than  the 14th day.  Requires the commission to adopt rules
as necessary for the implementation of the following: the requirement that
an insurance carrier notify the employee and the treating doctor of the
suspension of benefits by certified mail or another verifiable delivery
method;  the obligation for the commission to attempt reasonably to obtain
the treating doctor's opinion before it determines whether to issue an
interlocutory order; and, the authorization the commission is granted to
allow abbreviated contested case hearings by personal appearance or
telephone to consider issues relating to overpayment of benefits. 
  
SECTION 9.  Amends Section 408.025(d), Labor Code, to require a health care
provider, rather than a health care facility, to furnish records for
treatment or hospitalization if requested by an injured employee, the
employee's attorney, or the employee's insurance carrier.  Makes a
conforming change. 

SECTION 10.  Amends Section 408.027(a), Labor Code, to require an insurance
carrier to pay the fee allowed under Section 413.011 (Guidelines and
Medical Policies), rather than the fee charged for services rendered by a
health care provider. 

SECTION 11.  Amends Section 408.081, Labor Code, as follows:

Sec. 408.081.  INCOME BENEFITS.  (a) Makes no change.

(b) Includes an exception in this section to the requirement that income
benefits be paid weekly and when they accrue without order of the
commission.  Requires interest on accrued but unpaid benefits to be paid,
without the commission's order, at the time the accrued benefits are paid. 

(c) Requires the commission, by rule, to establish requirements for
agreements under which income benefits may be paid monthly.  Authorizes the
payment of monthly payments only on the request of the employee and the
agreement of the employee and the insurance carrier, and in compliance with
the requirements adopted by the commission. 

(d) Creates this subsection from existing text.

SECTION 12.  Amends Section 408.124, Labor Code, by amending Subsection (b)
and adding Subsection (c), to make a nonsubstantive change and to authorize
the commission, by rule, to adopt the fourth edition of the "Guides to the
Evaluation of Permanent Impairment" for determining the existence and
degree of an employee's impairment. 

SECTION 13.  Amends Section 408.150(b), Labor Code, to make a
nonsubstantive change. 

SECTION 14.  Amends Section 408.161, Labor Code, by adding Subsection (d),
to authorize an insurance carrier to pay lifetime income benefits through
an annuity if the agreement satisfies the standards adopted by the
commission by rule.  Sets forth that the establishment of the annuity does
not relieve the insurance carrier from liability for ensuring that the
benefits are paid. 

SECTION 15.  Amends Section 408.181, Labor Code, by adding Subsections (c)
and (d), as follows: 

(c) Requires the commission, by rule, to establish requirements for
agreements under which death benefits may be paid monthly.  Authorizes the
payment of monthly payments only on the request of the legal beneficiary
and the agreement of the legal beneficiary and the insurance carrier, and
in compliance with the requirements adopted by the commission. 

(d) Authorizes an insurance carrier to pay death benefits through an
annuity if the agreement satisfies the standards adopted by the commission
by rule.  Sets forth that the establishment of the annuity does not relieve
the insurance carrier from liability for ensuring that the benefits are
paid. 

SECTION 16.  Amends Section 408.186(a), Labor Code, to increase from $2,500
to $6,000 the amount of one of two options, the lesser of which is required
to be paid by an insurance carrier to  the person who incurred the
liability for the costs of burying an employee who died as a result of a
compensable injury. 

SECTION 17.  Amends Section 413.005(b), Labor Code, to include a
representative of an insurance carrier among the parties appointed as
members of the medical advisory committee.  Makes a conforming change. 

SECTION 18.  Amends Section 504.012(a), Labor Code, to authorize the
governing body of a political subdivision to elect to provide compensation
payments to volunteer fire fighters, police officers, emergency medical
personnel, and other volunteers that are specifically named that are
greater than the minimum benefits provided under this title. 
 
SECTION 19.  Amends Article 5.61, Insurance Code, to require the reserves
maintained by each workers' compensation insurer to be computed in
accordance with any rules adopted, rather than approved, by the
commissioner of insurance, rather than the State Board of Insurance
(board). Deletes the provision regulating the submission to the board of
required reserve reports compiled by each workers' compensation insurer.
Makes conforming changes. 

SECTION 20.  Amends Section 13, Article 5.76-3, Insurance Code, by adding
Subsection (l), to authorize the fund to issue grants to the commission.
Sets forth that the amount of the grant is not to exceed $2.2 million for
the period beginning September 1, 1999, and ending September 1, 2003.
Provides that this subsection expires September 1, 2003.   

SECTION 21.  (a) Effective date: September 1, 1999, except as otherwise
provided. 

(b) Makes application of Section 401.013(a) prospective.

(c) Effective date for Section 401.023(b): October 1, 1999.

(d) Effective date for Section 408.004: January 1, 2000.  Makes application
of Section 408.004 prospective. 

(e) Effective date for Sections 408.081, 408.161, and 408.181: September 1,
1999.  Makes application of Sections 408.081, 408.161, and 408.181
prospective. 

(f) Makes application of Section 408.186(a) prospective.

SECTION 22.  Emergency clause.