81R11709 PB-D
By: Lucio III H.B. No. 4624
A BILL TO BE ENTITLED
AN ACT
relating to certain requirements for doctors providing
professional services under the workers' compensation system.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
SECTION 1. Section 408.0043, Labor Code, is amended by
amending Subsection (b) and adding Subsection (c) to read as
follows:
(b) A person described by Subsection (a) who reviews a
specific workers' compensation case must:
(1) hold a professional certification in a health care
specialty appropriate to the type of health care that the injured
employee is receiving; and
(2) receive at least 50 percent of the person's annual
income through direct patient care of patients in this state.
(c) A person may not satisfy the direct patient care
requirement under Subsection (b) through:
(1) the provision of professional opinions regarding
an individual who is not a patient of the person; or
(2) health care consulting work.
SECTION 2. Section 408.0044, Labor Code, is amended by
amending Subsection (b) and adding Subsection (c) to read as
follows:
(b) A person described by Subsection (a) who reviews a
dental service provided in conjunction with a specific workers'
compensation case must:
(1) be licensed to practice dentistry in this state;
and
(2) receive at least 50 percent of the person's annual
income through direct patient care of patients in this state.
(c) A person may not satisfy the direct patient care
requirement under Subsection (b) through:
(1) the provision of professional opinions regarding
an individual who is not a patient of the person; or
(2) dental health care consulting work.
SECTION 3. Section 408.0045, Labor Code, is amended by
amending Subsection (b) and adding Subsection (c) to read as
follows:
(b) A person described by Subsection (a) who reviews a
chiropractic service provided in conjunction with a specific
workers' compensation case must:
(1) be licensed to engage in the practice of
chiropractic in this state; and
(2) receive at least 50 percent of the person's annual
income through direct patient care of patients in this state.
(c) A person may not satisfy the direct patient care
requirement under Subsection (b) through:
(1) the provision of professional opinions regarding
an individual who is not a patient of the person; or
(2) chiropractic health care consulting work.
SECTION 4. Section 413.031(e-2), Labor Code, is amended to
read as follows:
(e-2) Notwithstanding Section 4202.002, Insurance Code, an
independent review organization that uses doctors to perform
reviews of health care services provided under this title may only
use doctors who:
(1) are licensed to practice in this state; and
(2) receive at least 50 percent of the doctor's annual
income through direct patient care of patients in this state.
SECTION 5. The change in law made by this Act applies only
to professional services provided in conjunction with a claim for
workers' compensation benefits based on a compensable injury that
occurs on or after the effective date of this Act. Professional
services provided in conjunction with a claim based on a
compensable injury that occurs before that date is governed by the
law in effect on the date the compensable injury occurred, and the
former law is continued in effect for that purpose.
SECTION 6. This Act takes effect September 1, 2009.