| 1 | 1 | | 81R20764 PB-F |
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| 2 | 2 | | By: Leibowitz H.B. No. 1166 |
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| 3 | 3 | | Substitute the following for H.B. No. 1166: |
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| 4 | 4 | | By: Turner of Harris C.S.H.B. No. 1166 |
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| 5 | 5 | | |
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| 6 | 6 | | |
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| 7 | 7 | | A BILL TO BE ENTITLED |
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| 8 | 8 | | AN ACT |
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| 9 | 9 | | relating to certain requirements for doctors providing |
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| 10 | 10 | | professional services under the workers' compensation system. |
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| 11 | 11 | | BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
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| 12 | 12 | | SECTION 1. Section 408.0043, Labor Code, is amended by |
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| 13 | 13 | | adding Subsection (c) to read as follows: |
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| 14 | 14 | | (c) A doctor who performs peer review, utilization review, |
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| 15 | 15 | | or a required medical examination requested by an insurance carrier |
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| 16 | 16 | | must: |
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| 17 | 17 | | (1) if appropriate to the specific case, hold the same |
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| 18 | 18 | | professional certification as the employee's treating doctor; |
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| 19 | 19 | | (2) maintain the doctor's primary practice location in |
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| 20 | 20 | | this state; and |
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| 21 | 21 | | (3) have maintained routine office hours of at least |
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| 22 | 22 | | 20 hours per week for the treatment of patients for at least three |
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| 23 | 23 | | years during the doctor's career. |
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| 24 | 24 | | SECTION 2. Section 408.0044, Labor Code, is amended by |
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| 25 | 25 | | adding Subsection (c) to read as follows: |
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| 26 | 26 | | (c) A dentist who performs peer review, utilization review, |
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| 27 | 27 | | or a required dental examination requested by an insurance carrier |
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| 28 | 28 | | must: |
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| 29 | 29 | | (1) maintain the dentist's primary practice location |
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| 30 | 30 | | in this state; and |
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| 31 | 31 | | (2) have maintained routine office hours of at least |
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| 32 | 32 | | 20 hours per week for the treatment of patients for at least three |
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| 33 | 33 | | years during the dentist's career. |
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| 34 | 34 | | SECTION 3. Section 408.0045, Labor Code, is amended by |
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| 35 | 35 | | adding Subsection (c) to read as follows: |
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| 36 | 36 | | (c) A chiropractor who performs peer review, utilization |
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| 37 | 37 | | review, or a required medical examination requested by an insurance |
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| 38 | 38 | | carrier must: |
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| 39 | 39 | | (1) maintain the chiropractor's primary practice |
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| 40 | 40 | | location in this state; and |
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| 41 | 41 | | (2) have maintained routine office hours of at least |
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| 42 | 42 | | 20 hours per week for the treatment of patients for at least three |
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| 43 | 43 | | years during the chiropractor's career. |
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| 44 | 44 | | SECTION 4. The change in law made by this Act applies only |
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| 45 | 45 | | to professional services provided in conjunction with a claim for |
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| 46 | 46 | | workers' compensation benefits based on a compensable injury that |
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| 47 | 47 | | occurs on or after the effective date of this Act. Professional |
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| 48 | 48 | | services provided in conjunction with a claim based on a |
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| 49 | 49 | | compensable injury that occurs before that date is governed by the |
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| 50 | 50 | | law in effect on the date the compensable injury occurred, and the |
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| 51 | 51 | | former law is continued in effect for that purpose. |
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| 52 | 52 | | SECTION 5. This Act takes effect September 1, 2009. |
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