83R11548 KKR-D
By: Workman H.B. No. 3280
A BILL TO BE ENTITLED
AN ACT
relating to payments to health care providers when a claim is denied
under the workers' compensation system.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
SECTION 1. Section 413.042(a), Labor Code, is amended to
read as follows:
(a) A health care provider may not pursue a private claim
against a workers' compensation claimant for all or part of the cost
of a health care service provided to the claimant by the provider
unless:
(1) the injury is finally adjudicated not compensable
under this subtitle or the employee fails to request a benefit
review conference to dispute the insurance carrier's denial of
compensability under Chapter 410 before the 46th day after the date
of receipt of the denial; or
(2) the employee violates Section 408.022 relating to
the selection of a doctor and the doctor did not know of the
violation at the time the services were rendered.
SECTION 2. 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.
SECTION 3. This Act takes effect September 1, 2013.