HBA-JEK H.B. 1579 77(R) BILL ANALYSIS Office of House Bill AnalysisH.B. 1579 By: Dukes Business & Industry 3/11/2001 Introduced BACKGROUND AND PURPOSE Inconsistent impairment ratings between treating doctors and doctors selected by an insurance carrier are a common problem in the Texas workers' compensation system. Insurance carriers may request premature evaluations in an effort to keep costs down, but these evaluations may differ from the evaluations of treating doctors who may have more detailed knowledge of an injury. House Bill 1579 requires the Texas workers' compensation commission to establish quality review measures to reduce inconsistent impairment rating determinations made by treating doctors and doctors selected by an insurance carrier. 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 408.122, Labor Code) of this bill. ANALYSIS House Bill 1579 amends the Labor Code to require the Texas Workers' Compensation Commission by rule to establish quality review measures designed to reduce inconsistent impairment rating determinations made by treating doctors and doctors selected by an insurance carrier. The bill prohibits an insurance carrier from requiring an employee to submit to a medical examination to evaluate the employee's impairment before the expiration of the 60th day after the date on which the compensable injury occurred and establishes that a violation of this provision by an insurance carrier is a Class B administrative violation. The bill also prohibits the examination of an employee by a designated doctor in an impairment rating dispute before the expiration of the 60th day after the date of the examination by a doctor selected by the insurance carrier. EFFECTIVE DATE September 1, 2001.