HBA-MPM H.B. 1526 77(R)    BILL ANALYSIS


Office of House Bill AnalysisH.B. 1526
By: Bailey
Business & Industry
4/6/2001
Introduced



BACKGROUND AND PURPOSE 

Under provisions relating to the rights of an injured employee in existing
law, the employee has the right to lifetime medical benefits for treating
an injury sustained in the course or scope of employment.  Current law
requires the Texas Workers' Compensation Commission (TWCC) to require an
employee to receive initial treatment from a doctor chosen from a list of
doctors approved by TWCC.  If an employee wishes to change doctors, this
change must be subject to TWCC's approval.  Because treatment of an injured
employee can last for an indefinite period of time, it is important that
the employee be given more latitude with respect to choosing a long-term
treating physician.  House Bill 1526 entitles an employee to choose an
initial treating doctor that is not subject to TWCC approval and authorizes
the employee to change doctors one time after submitting a written request
to TWCC. 

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 SECTION 1 (Section 408.022, Labor Code) of this bill. 

ANALYSIS

House Bill 1526 amends the Labor Code to entitle an injured employee to the
employee's initial choice of a doctor.  The bill provides that this doctor
is the first treating doctor other than:  

_a doctor salaried by the employer; 

_a doctor recommended by the insurance carrier or employer, unless the
employee continues to receive treatment from the doctor for more than 60
days after receiving written receipt of the right to change doctors; or  

_a doctor providing emergency care, unless the employee receives treatment
from the doctor that is unrelated to emergency treatment for a period of
more than 60 days after receiving a written notice of the right to change
doctors.   

The bill authorizes an employee to change doctors one time by submitting
written reasons for the change to the  Texas Workers' Compensation
Commission (TWCC). A third or subsequent doctor selected by the employee is
subject to the approval of the insurance carrier or TWCC.  The bill
requires TWCC to adopt rules for implementing these provisions.  Existing
provisions relating to an employee's treatment by a doctor chosen from a
list of doctors approved by TWCC are removed. 

EFFECTIVE DATE

September 1, 2001.