S.B. No. 809
AN ACT
relating to adjudication of certain workers' compensation
disputes, including judicial review in district court.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
SECTION 1. Subsection (d), Section 410.252, Labor Code, is
amended to read as follows:
(d) If a suit is initially filed within the 45-day [40-day]
period in Subsection (a), and is transferred under Subsection (c),
the suit is considered to be timely filed in the court to which it is
transferred.
SECTION 2. Subsection (k-1), Section 413.031, Labor Code,
is amended to read as follows:
(k-1) A party who has exhausted all administrative remedies
described by [under] Subsection (k) and who is aggrieved by a final
decision of the division or the State Office of Administrative
Hearings may seek judicial review of the decision. Judicial review
under this subsection shall be conducted in the manner provided for
judicial review of a contested case under Subchapter G, Chapter
2001, Government Code, except that in the case of a medical fee
dispute the party seeking judicial review under this section must
file suit not later than the 45th day after the date on which the
State Office of Administrative Hearings mailed the party the
notification of the decision. For purposes of this subsection, the
mailing date is considered to be the fifth day after the date the
decision was issued by the State Office of Administrative Hearings.
SECTION 3. Subsection (d), Section 413.0311, Labor Code, is
amended to read as follows:
(d) A party who has exhausted all administrative remedies
under Section 413.031 and this section and who is aggrieved by a
final decision of the hearings officer under Subsection (c) may
seek judicial review of the decision. Judicial review under this
subsection shall be conducted in the manner provided for judicial
review of a contested case under Subchapter G, Chapter 2001,
Government Code, except that the party seeking judicial review
under this section must file suit not later than the 45th day after
the date on which the division mailed the party the decision of the
hearings officer. For purposes of this subsection, the mailing
date is considered to be the fifth day after the date the decision
of the hearings officer was filed with the division.
SECTION 4. Subsection (c), Section 1305.103, Insurance
Code, is amended to read as follows:
(c) An employee who lives within the service area of a
network and who is being treated by a non-network provider for an
injury that occurred before the employer's insurance carrier
established or contracted with the network, shall select a network
treating doctor on notification by the carrier that health care
services are being provided through the network. The carrier shall
provide to the employee all information required by Section
1305.451. If the employee fails to select a treating doctor on or
before the 14th day after the date of receipt of the information
required by Section 1305.451, the network may assign the employee a
network treating doctor. An issue regarding whether a carrier
properly provided an employee the information required by this
subsection may be resolved using the process for adjudication of
disputes under Chapter 410, Labor Code, as used by the department's
division of workers' compensation.
SECTION 5. Section 1305.451, Insurance Code, is amended by
adding Subsection (e) to read as follows:
(e) An issue regarding whether an employer properly
provided an employee with the information required by this section
may be resolved using the process for adjudication of disputes
under Chapter 410, Labor Code, as used by the department's division
of workers' compensation.
SECTION 6. The change in law made by this Act applies only
to a suit for judicial review filed on or after the effective date
of this Act. A suit for judicial review filed before the effective
date of this Act is covered by the law as it existed on the date the
suit was filed, and the former law is continued in effect for that
purpose.
SECTION 7. This Act takes effect September 1, 2011.
______________________________ ______________________________
President of the Senate Speaker of the House
I hereby certify that S.B. No. 809 passed the Senate on
March 21, 2011, by the following vote: Yeas 30, Nays 0; and that
the Senate concurred in House amendment on May 27, 2011, by the
following vote: Yeas 31, Nays 0.
______________________________
Secretary of the Senate
I hereby certify that S.B. No. 809 passed the House, with
amendment, on May 25, 2011, by the following vote: Yeas 148,
Nays 0, one present not voting.
______________________________
Chief Clerk of the House
Approved:
______________________________
Date
______________________________
Governor