| 1 | 1 | | 82R5357 KSD-D |
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| 2 | 2 | | By: Giddings H.B. No. 1872 |
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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 requirements regarding information to be provided to |
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| 8 | 8 | | employees covered by workers' compensation health care networks. |
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| 9 | 9 | | BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
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| 10 | 10 | | SECTION 1. Section 1305.103(c), Insurance Code, is amended |
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| 11 | 11 | | to read as follows: |
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| 12 | 12 | | (c) An employee who lives within the service area of a |
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| 13 | 13 | | network and who is being treated by a non-network provider for an |
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| 14 | 14 | | injury that occurred before the employer's insurance carrier |
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| 15 | 15 | | established or contracted with the network, shall select a network |
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| 16 | 16 | | treating doctor on notification by the carrier that health care |
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| 17 | 17 | | services are being provided through the network. The carrier shall |
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| 18 | 18 | | provide to the employee all information required by Section |
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| 19 | 19 | | 1305.451. If the employee fails to select a treating doctor on or |
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| 20 | 20 | | before the 14th day after the date of receipt of the information |
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| 21 | 21 | | required by Section 1305.451, the network may assign the employee a |
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| 22 | 22 | | network treating doctor. An issue regarding whether a carrier |
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| 23 | 23 | | properly provided an employee the information required by this |
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| 24 | 24 | | subsection may be resolved using the process for adjudication of |
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| 25 | 25 | | disputes under Chapter 410, Labor Code, as used by the department's |
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| 26 | 26 | | division of workers' compensation. |
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| 27 | 27 | | SECTION 2. Section 1305.451, Insurance Code, is amended by |
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| 28 | 28 | | adding Subsection (e) to read as follows: |
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| 29 | 29 | | (e) An issue regarding whether an employer properly |
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| 30 | 30 | | provided an employee with the information required by this section |
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| 31 | 31 | | may be resolved using the process for adjudication of disputes |
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| 32 | 32 | | under Chapter 410, Labor Code, as used by the department's division |
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| 33 | 33 | | of workers' compensation. |
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| 34 | 34 | | SECTION 3. This Act takes effect September 1, 2011. |
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