| 1 | 1 | | 81R10272 PB-D |
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| 2 | 2 | | By: Davis of Harris H.B. No. 1820 |
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| 3 | 3 | | |
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| 4 | 4 | | |
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| 5 | 5 | | A BILL TO BE ENTITLED |
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| 6 | 6 | | AN ACT |
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| 7 | 7 | | relating to provision of workers' compensation medical benefits to |
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| 8 | 8 | | a police officer or firefighter injured in the line of duty; |
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| 9 | 9 | | providing an administrative violation. |
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| 10 | 10 | | BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
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| 11 | 11 | | SECTION 1. Subchapter C, Chapter 504, Labor Code, is |
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| 12 | 12 | | amended by adding Section 504.054 to read as follows: |
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| 13 | 13 | | Sec. 504.054. EXPEDITED PROVISION OF MEDICAL BENEFITS FOR |
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| 14 | 14 | | LINE OF DUTY INJURIES. (a) This section applies only to a police |
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| 15 | 15 | | officer or firefighter injured in the line of duty. |
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| 16 | 16 | | (b) A political subdivision that is the employer of a police |
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| 17 | 17 | | officer or firefighter who incurs a compensable injury sustained in |
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| 18 | 18 | | the line of duty shall ensure that the medical benefits provided to |
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| 19 | 19 | | the injured employee include all health care required to cure or |
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| 20 | 20 | | relieve the effects naturally resulting from the compensable |
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| 21 | 21 | | injury, including payment of reasonable expenses incurred by the |
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| 22 | 22 | | employee for necessary treatment, promotion of recovery, |
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| 23 | 23 | | and enhancement of the ability of the employee to return to or |
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| 24 | 24 | | retain employment. |
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| 25 | 25 | | (c) Medical benefits provided under this section must |
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| 26 | 26 | | include, if necessary or appropriate to the nature of the |
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| 27 | 27 | | compensable injury: |
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| 28 | 28 | | (1) a medical or surgical appliance, brace, artificial |
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| 29 | 29 | | member, including an artificial eye, or prosthetic or orthotic |
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| 30 | 30 | | device; and |
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| 31 | 31 | | (2) any necessary fitting of, change or repair to, or |
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| 32 | 32 | | training in the use of the appliance, brace, member, or device. |
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| 33 | 33 | | (d) Notwithstanding any other provision of this title, the |
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| 34 | 34 | | employing political subdivision shall ensure that medical benefits |
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| 35 | 35 | | subject to this section are initiated not later than the 10th day |
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| 36 | 36 | | after the date on which the notice of injury required under Section |
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| 37 | 37 | | 409.001 is submitted to the political subdivision. |
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| 38 | 38 | | (e) If the political subdivision provides workers' |
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| 39 | 39 | | compensation benefits through a workers' compensation insurance |
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| 40 | 40 | | policy, the insurance carrier shall comply with the time period |
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| 41 | 41 | | required under Subsection (d). A violation of this subsection by an |
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| 42 | 42 | | insurance carrier constitutes an administrative violation under |
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| 43 | 43 | | Section 415.002. |
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| 44 | 44 | | SECTION 2. (a) Except as provided by Subsection (b), the |
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| 45 | 45 | | change in law made by this Act applies only to a claim for workers' |
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| 46 | 46 | | compensation benefits based on a compensable injury that occurs on |
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| 47 | 47 | | or after the effective date of this Act. A claim based on a |
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| 48 | 48 | | compensable injury that occurs before that date is governed by the |
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| 49 | 49 | | law in effect on the date that the compensable injury occurred, and |
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| 50 | 50 | | the former law is continued in effect for that purpose. |
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| 51 | 51 | | (b) Sections 504.054(b) and (c), Labor Code, as added by |
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| 52 | 52 | | this Act, are for purposes of clarification and do not change the |
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| 53 | 53 | | law or create any new entitlement to benefits. |
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| 54 | 54 | | SECTION 3. This Act takes effect September 1, 2009. |
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