82R7942 RWG-D
By: Deshotel H.B. No. 1961
A BILL TO BE ENTITLED
AN ACT
relating to provision of workers' compensation medical benefits to
a peace officer or firefighter injured in the line of duty;
providing an administrative violation.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
SECTION 1. Subchapter C, Chapter 504, Labor Code, is
amended by adding Section 504.054 to read as follows:
Sec. 504.054. EXPEDITED PROVISION OF MEDICAL BENEFITS FOR
LINE-OF-DUTY INJURIES. (a) In this section, "peace officer" means
a person who is a peace officer under Article 2.12, Code of Criminal
Procedure.
(b) This section applies only to a peace officer or
firefighter injured in the line of duty.
(c) A political subdivision that is the employer of a peace
officer or firefighter who incurs a compensable injury sustained in
the line of duty shall ensure that the medical benefits provided to
the injured employee include all health care required to cure or
relieve the effects naturally resulting from the compensable
injury, including payment of reasonable expenses incurred by the
employee for necessary treatment, promotion of recovery,
and enhancement of the ability of the employee to return to or
retain employment.
(d) Medical benefits provided under this section must
include, if necessary or appropriate to the nature of the
compensable injury:
(1) a medical or surgical appliance, brace, artificial
member, including an artificial eye, or prosthetic or orthotic
device; and
(2) any necessary fitting of, change or repair to, or
training in the use of the appliance, brace, member, or device.
(e) Notwithstanding any other provision of this title, the
employing political subdivision shall ensure that medical benefits
subject to this section are initiated not later than the 10th day
after the date on which the notice of injury required under Section
409.001 is submitted to the political subdivision.
(f) If the political subdivision provides workers'
compensation benefits through a workers' compensation insurance
policy, the insurance carrier shall comply with the time period
required under Subsection (e). A violation of this subsection by an
insurance carrier constitutes an administrative violation under
Section 415.002.
SECTION 2. (a) Except as provided by Subsection (b) of this
section, the change in law made by this Act applies only to a claim
for workers' compensation benefits based on a compensable injury
that occurs on or after the effective date of this Act. 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.
(b) Sections 504.054(c) and (d), Labor Code, as added by
this Act, are for purposes of clarification and do not change the
law or create any new entitlement to benefits.
SECTION 3. This Act takes effect September 1, 2011.