| 1 | 1 | | By: Van de Putte S.B. No. 511 |
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| 2 | 2 | | (In the Senate - Filed February 2, 2011; February 17, 2011, |
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| 3 | 3 | | read first time and referred to Committee on State Affairs; |
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| 4 | 4 | | April 13, 2011, reported adversely, with favorable Committee |
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| 5 | 5 | | Substitute by the following vote: Yeas 8, Nays 1; April 13, 2011, |
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| 6 | 6 | | sent to printer.) |
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| 7 | 7 | | COMMITTEE SUBSTITUTE FOR S.B. No. 511 By: Van de Putte |
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| 8 | 8 | | |
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| 9 | 9 | | |
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| 10 | 10 | | A BILL TO BE ENTITLED |
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| 11 | 11 | | AN ACT |
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| 12 | 12 | | relating to the designated doctor's examination under the workers' |
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| 13 | 13 | | compensation system. |
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| 14 | 14 | | BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
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| 15 | 15 | | SECTION 1. Section 408.0041, Labor Code, is amended by |
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| 16 | 16 | | adding Subsections (f-2), (f-3), and (f-4) and amending Subsection |
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| 17 | 17 | | (h) to read as follows: |
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| 18 | 18 | | (f-2) An employee required to be examined by a designated |
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| 19 | 19 | | doctor may request a medical examination to determine maximum |
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| 20 | 20 | | medical improvement and the employee's impairment rating from the |
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| 21 | 21 | | treating doctor or from another doctor to whom the employee is |
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| 22 | 22 | | referred by the treating doctor if: |
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| 23 | 23 | | (1) the designated doctor's opinion is the employee's |
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| 24 | 24 | | first evaluation of maximum medical improvement and impairment |
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| 25 | 25 | | rating; and |
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| 26 | 26 | | (2) the employee is not satisfied with the designated |
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| 27 | 27 | | doctor's opinion. |
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| 28 | 28 | | (f-3) The commissioner shall provide the insurance carrier |
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| 29 | 29 | | and the employee with reasonable time to obtain and present the |
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| 30 | 30 | | opinion of a doctor selected under Subsection (f) or (f-2) before |
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| 31 | 31 | | the commissioner makes a decision on the merits of the issue. |
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| 32 | 32 | | (f-4) The commissioner by rule shall adopt guidelines |
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| 33 | 33 | | prescribing the circumstances under which an examination by the |
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| 34 | 34 | | employee's treating doctor or another doctor to whom the employee |
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| 35 | 35 | | is referred by the treating doctor to determine any issue under |
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| 36 | 36 | | Subsection (a), other than an examination under Subsection (f-2), |
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| 37 | 37 | | may be appropriate. |
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| 38 | 38 | | (h) The insurance carrier shall pay for: |
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| 39 | 39 | | (1) an examination required under Subsection (a), [or] |
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| 40 | 40 | | (f), or (f-2), unless otherwise prohibited by this subtitle or by an |
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| 41 | 41 | | order or rule of the commissioner; and |
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| 42 | 42 | | (2) the reasonable expenses incident to the employee |
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| 43 | 43 | | in submitting to the examination. |
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| 44 | 44 | | SECTION 2. This Act takes effect immediately if it receives |
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| 45 | 45 | | a vote of two-thirds of all the members elected to each house, as |
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| 46 | 46 | | provided by Section 39, Article III, Texas Constitution. If this |
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| 47 | 47 | | Act does not receive the vote necessary for immediate effect, this |
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| 48 | 48 | | Act takes effect September 1, 2011. |
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| 49 | 49 | | * * * * * |
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