H.B. No. 2089
AN ACT
relating to the resolution of overpayment or underpayment of income
benefits under the workers' compensation program.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
SECTION 1. Section 408.081(a), Labor Code, is amended to
read as follows:
(a) An employee is entitled to timely and accurate income
benefits as provided in this chapter.
SECTION 2. Subchapter E, Chapter 408, Labor Code, is
amended by adding Section 408.0815 to read as follows:
Sec. 408.0815. RESOLUTION OF OVERPAYMENT OR UNDERPAYMENT OF
INCOME BENEFITS. (a) The commissioner by rule shall establish a
procedure by which an insurance carrier:
(1) may recoup an overpayment of income benefits from
future income benefit payments that are not reimbursable under
Section 410.209; and
(2) shall pay an underpayment of income benefits,
including interest on accrued but unpaid benefits, in accordance
with this subtitle.
(b) The procedure under Subsection (a) must include:
(1) a process by which an injured employee may notify
the insurance carrier of an underpayment;
(2) the time frame and methodology by which an
insurance carrier shall pay to an injured employee an underpayment;
(3) a process by which an insurance carrier shall
notify an injured employee of an overpayment of income benefits;
(4) the time frame and methodology by which an
insurance carrier may recoup an overpayment through the reduction
of a future income benefit payment; and
(5) a method for coordinating overpayments that may be
recouped from future income benefits and reimbursements described
by Section 410.209.
(c) The procedure for recouping overpayments under
Subsection (a)(1) must take into consideration the cause of the
overpayment and minimize the financial hardship to the injured
employee.
SECTION 3. The commissioner of workers' compensation shall
adopt rules to implement Section 408.0815, Labor Code, as added by
this Act, not later than January 1, 2012.
SECTION 4. This Act takes effect September 1, 2011.
______________________________ ______________________________
President of the Senate Speaker of the House
I certify that H.B. No. 2089 was passed by the House on May
13, 2011, by the following vote: Yeas 144, Nays 0, 1 present, not
voting; and that the House concurred in Senate amendments to H.B.
No. 2089 on May 27, 2011, by the following vote: Yeas 142, Nays 0,
2 present, not voting.
______________________________
Chief Clerk of the House
I certify that H.B. No. 2089 was passed by the Senate, with
amendments, on May 25, 2011, by the following vote: Yeas 31, Nays
0.
______________________________
Secretary of the Senate
APPROVED: __________________
Date
__________________
Governor