Texas 2009 - 81st Regular

Texas Senate Bill SB1925 Compare Versions

Only one version of the bill is available at this time.

Old	New	Differences
1	1	81R237 ALB-F
2	2	By: Watson S.B. No. 1925
3	3
4	4
5	5	A BILL TO BE ENTITLED
6	6	AN ACT
7	7	relating to certain services provided by the office of injured
8	8	employee counsel under the workers' compensation program of this
9	9	state.
10	10	BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
11	11	SECTION 1. Subchapter C, Chapter 404, Labor Code, is
12	12	amended by adding Section 404.1015 to read as follows:
13	13	Sec. 404.1015. REFUSAL TO PROVIDE OR TERMINATION OF
14	14	SERVICES. (a) The public counsel may refuse to provide or may
15	15	terminate the services of the office to any claimant who:
16	16	(1) is abusive or violent to or who threatens any
17	17	employee of the office;
18	18	(2) makes unreasonable demands for office services or
19	19	for assistance in claiming benefits not provided by law; or
20	20	(3) commits or threatens to commit a criminal act in
21	21	pursuit of a workers' compensation claim.
22	22	(b) If the public counsel determines under Subsection (a)
23	23	that the services of the office should be refused or terminated, the
24	24	office shall inform the affected claimant in writing and notify the
25	25	division.
26	26	(c) The office shall notify the appropriate law enforcement
27	27	authority if the office becomes aware that the claimant or a person
28	28	acting on the claimant's behalf commits or threatens to commit a
29	29	criminal act.
30	30	SECTION 2. Section 404.105, Labor Code, is amended to read
31	31	as follows:
32	32	Sec. 404.105. AUTHORITY TO ASSIST INDIVIDUAL INJURED
33	33	EMPLOYEES IN ADMINISTRATIVE PROCEDURES. (a) The office, through
34	34	the ombudsman program, may appear before the commissioner, [or]
35	35	division, or State Office of Administrative Hearings to provide
36	36	assistance to [on behalf of] an individual injured employee during:
37	37	(1) a workers' compensation [an] administrative
38	38	dispute resolution process; or
39	39	(2) an enforcement action by the department or
40	40	division against an employee for a violation of the Texas Workers'
41	41	Compensation Act.
42	42	(b) This chapter may not be construed as requiring or
43	43	allowing legal representation for an individual injured employee by
44	44	an office attorney or ombudsman in any proceeding.
45	45	SECTION 3. Section 404.109, Labor Code, is amended to read
46	46	as follows:
47	47	Sec. 404.109. INJURED EMPLOYEE RIGHTS; NOTICE. The public
48	48	counsel shall adopt, in the form and manner prescribed by the public
49	49	counsel, [submit to the division and the department for adoption by
50	50	the commissioners] a notice of injured employee rights and
51	51	responsibilities to be distributed by the division as provided by
52	52	commissioner or [and] commissioner of insurance rules.
53	53	SECTION 4. Section 404.110, Labor Code, is amended to read
54	54	as follows:
55	55	Sec. 404.110. APPLICABILITY TO PUBLIC COUNSEL OF
56	56	CONFIDENTIALITY REQUIREMENTS. (a) Confidentiality requirements
57	57	applicable to examination reports and to the commissioner of
58	58	insurance under Sections 401.058, 401.105, 401.106, 441.201, and
59	59	501.158 [Article 1.18], Insurance Code, as applicable, and Section
60	60	404.111, [and to the commissioner of insurance under Section 3A,
61	61	Article 21.28-A, Insurance Code,] apply to the public counsel.
62	62	(b) An employee of the office may not be compelled to
63	63	disclose information communicated to the employee by a claimant on
64	64	any matter relating to the claimant's claim. This subsection does
65	65	not prohibit or alter the office's duty to notify appropriate law
66	66	enforcement authorities under Section 404.1015(c).
67	67	SECTION 5. Section 404.111, Labor Code, is amended to read
68	68	as follows:
69	69	Sec. 404.111. ACCESS TO INFORMATION. (a) Except as
70	70	otherwise provided by this section, the [The] office may access
71	71	information from an executive agency that is otherwise confidential
72	72	under a law of this state if that information is necessary for the
73	73	performance of the duties of the office, including information made
74	74	confidential under:
75	75	(1) Section 843.006, Insurance Code;
76	76	(2) Chapter 108, Health and Safety Code;
77	77	(3) Chapter 552, Government Code; and
78	78	(4) Sections 402.083, 402.091, and 402.092 of this
79	79	code.
80	80	(b) The office may not access information under Subsection
81	81	(a) that is an attorney-client communication or an attorney work
82	82	product, or other information protected by a privilege recognized
83	83	by the Texas Rules of Civil Procedure or the Texas Rules of
84	84	Evidence.
85	85	(c) In furtherance of assisting an employee under Section
86	86	404.105(a)(2), the office may not access information under
87	87	Subsection 404.111(a) to which the employee is not otherwise
88	88	entitled. If the office possesses any information made
89	89	confidential by the Texas Workers' Compensation Act or any other
90	90	laws of this state to which the employee is not otherwise entitled,
91	91	that information may not be disclosed to the employee or any other
92	92	party assisting an employee under Section 404.105(a)(2). Nothing
93	93	in this subsection prohibits or alters the office's duty to notify
94	94	appropriate law enforcement authorities under Section 404.1015(c).
95	95	(d) Except as provided by this section [On request by the
96	96	public counsel], the division or the department shall provide any
97	97	information or data requested by the public counsel [office] in
98	98	furtherance of the duties of the office under this chapter.
99	99	(e) [(c)] The office may not make public any confidential
100	100	information provided to the office under this chapter. Except as
101	101	provided by Subsection (c), the office [but] may disclose a summary
102	102	of the information that does not directly or indirectly identify
103	103	the individual or entity that is the subject of the
104	104	information. The office may not release, and an individual or
105	105	entity may not gain access to, any information that:
106	106	(1) could reasonably be expected to reveal the
107	107	identity of a health care provider or an injured employee;
108	108	(2) reveals the zip code of an injured employee's
109	109	primary residence;
110	110	(3) discloses a health care provider discount or a
111	111	differential between a payment and a billed charge; or
112	112	(4) relates to an actual payment made by a payer to an
113	113	identified health care provider.
114	114	(f) [(d)] Information collected or used by the office under
115	115	this chapter is subject to the confidentiality provisions and
116	116	criminal penalties of:
117	117	(1) Section 81.103, Health and Safety Code;
118	118	(2) Section 311.037, Health and Safety Code;
119	119	(3) Chapter 159, Occupations Code; [and]
120	120	(4) Chapter 552, Government Code; and
121	121	(5) Sections [Section] 402.091 and 402.092 of this
122	122	code.
123	123	(g) [(e)] Information on health care providers and injured
124	124	employees that is in the possession of the office, and any
125	125	compilation, report, or analysis produced from the information that
126	126	identifies providers and injured employees is not:
127	127	(1) subject to discovery, subpoena, or other means of
128	128	legal compulsion for release to any individual or entity; or
129	129	(2) admissible in any civil, administrative, or
130	130	criminal proceeding.
131	131	(h) [(f)] Notwithstanding Subsection (e)(2) [(c)(2)], the
132	132	office may use zip code information to analyze information on a
133	133	geographical basis.
134	134	SECTION 6. This Act takes effect September 1, 2009.