82R8908 KCR-F
By: Hopson H.B. No. 2827
A BILL TO BE ENTITLED
AN ACT
relating to coverage for certain pharmaceutical services by a
workers' compensation insurance carrier.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
SECTION 1. Section 413.0141, Labor Code, is amended to read
as follows:
Sec. 413.0141. INITIAL PHARMACEUTICAL COVERAGE. The
commissioner may by rule provide that an insurance carrier shall
provide for payment of specified pharmaceutical services through
[sufficient for] the seventh working day after [first seven days
following] the date of injury if the health care provider requests
and receives verification of insurance coverage and a verbal
confirmation of an injury from the employer or from the insurance
carrier as provided by Section 413.014. The rules adopted by the
commissioner shall provide that an insurance carrier is eligible
for reimbursement for pharmaceutical services paid under this
section from the subsequent injury fund in the event the injury is
determined not to be compensable.
SECTION 2. The changes in law made by this Act apply only to
pharmaceutical 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. Pharmaceutical
services provided in conjunction with a claim based on a
compensable injury that occurs before that date are 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 3. This Act takes effect September 1, 2011.