Texas 2017 - 85th Regular

Texas House Bill HB2111 Compare Versions

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Version 2 (New)

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1		-	By: Romero, Jr. (Senate Sponsor - Zaffirini) H.B. No. 2111
2		-	(In the Senate - Received from the House April 18, 2017;
3		-	May 11, 2017, read first time and referred to Committee on Business &
4		-	Commerce; May 21, 2017, reported favorably by the following vote:
5		-	Yeas 8, Nays 0; May 21, 2017, sent to printer.)
6		-	Click here to see the committee vote
	1	+	H.B. No. 2111
7	2
8	3
9		-	A BILL TO BE ENTITLED
10	4		AN ACT
11	5		relating to changing statutory references to hearing officer and
12	6		hearings officer to administrative law judge under the workers'
13	7		compensation system.
14	8		BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
15	9		SECTION 1. Section 1305.356(b), Insurance Code, is amended
16	10		to read as follows:
17	11		(b) At a contested case hearing held under Subsection (a),
18	12		the administrative law judge [hearing officer] conducting the
19	13		hearing shall consider evidence-based treatment guidelines adopted
20	14		by the network under Section 1305.304.
21	15		SECTION 2. Section 409.0091(m), Labor Code, is amended to
22	16		read as follows:
23	17		(m) In a dispute filed under Chapter 410 that arises from a
24	18		subclaim under this section, an administrative law judge [a hearing
25	19		officer] may issue an order regarding compensability or eligibility
26	20		for benefits and order the workers' compensation insurance carrier
27	21		to reimburse health care services paid by the health care insurer as
28	22		appropriate under this subtitle. Any dispute over the amount of
29	23		medical benefits owed under this section, including medical
30	24		necessity issues, shall be determined by medical dispute resolution
31	25		under Sections 413.031 and 413.032.
32	26		SECTION 3. Section 410.152, Labor Code, is amended to read
33	27		as follows:
34	28		Sec. 410.152. ADMINISTRATIVE LAW JUDGES [HEARING
35	29		OFFICERS]; QUALIFICATIONS. (a) An administrative law judge [A
36	30		hearing officer] shall conduct a contested case hearing.
37	31		(b) An administrative law judge [A hearing officer] must be
38	32		licensed to practice law in this state.
39	33		SECTION 4. Section 410.156(b), Labor Code, is amended to
40	34		read as follows:
41	35		(b) A party commits an administrative violation if the
42	36		party, without good cause as determined by the administrative law
43	37		judge [hearing officer], does not attend a contested case hearing.
44	38		SECTION 5. Section 410.158(a), Labor Code, is amended to
45	39		read as follows:
46	40		(a) Except as provided by Section 410.162, discovery is
47	41		limited to:
48	42		(1) depositions on written questions to any health
49	43		care provider;
50	44		(2) depositions of other witnesses as permitted by the
51	45		administrative law judge [hearing officer] for good cause shown;
52	46		and
53	47		(3) interrogatories as prescribed by the
54	48		commissioner.
55	49		SECTION 6. Section 410.162, Labor Code, is amended to read
56	50		as follows:
57	51		Sec. 410.162. ADDITIONAL DISCOVERY. For good cause shown,
58	52		a party may obtain permission from the administrative law judge
59	53		[hearing officer] to conduct additional discovery as necessary.
60	54		SECTION 7. Section 410.163, Labor Code, is amended to read
61	55		as follows:
62	56		Sec. 410.163. POWERS AND DUTIES OF ADMINISTRATIVE LAW JUDGE
63	57		[HEARING OFFICER]. (a) At a contested case hearing the
64	58		administrative law judge [hearing officer] shall:
65	59		(1) swear witnesses;
66	60		(2) receive testimony;
67	61		(3) allow examination and cross-examination of
68	62		witnesses;
69	63		(4) accept documents and other tangible evidence; and
70	64		(5) allow the presentation of evidence by affidavit.
71	65		(b) An administrative law judge [A hearing officer] shall
72	66		ensure the preservation of the rights of the parties and the full
73	67		development of facts required for the determinations to be made. An
74	68		administrative law judge [A hearing officer] may permit the use of
75	69		summary procedures, if appropriate, including witness statements,
76	70		summaries, and similar measures to expedite the proceedings.
77	71		SECTION 8. Section 410.164(c), Labor Code, is amended to
78	72		read as follows:
79	73		(c) At each contested case hearing, as applicable, the
80	74		insurance carrier shall file with the administrative law judge
81	75		[hearing officer] and shall deliver to the claimant a single
82	76		document stating the true corporate name of the insurance carrier
83	77		and the name and address of the insurance carrier's registered
84	78		agent for service of process. The document is part of the record of
85	79		the contested case hearing.
86	80		SECTION 9. Section 410.165, Labor Code, is amended to read
87	81		as follows:
88	82		Sec. 410.165. EVIDENCE. (a) The administrative law judge
89	83		[hearing officer] is the sole judge of the relevance and
90	84		materiality of the evidence offered and of the weight and
91	85		credibility to be given to the evidence. Conformity to legal rules
92	86		of evidence is not necessary.
93	87		(b) An administrative law judge [A hearing officer] may
94	88		accept a written statement signed by a witness and shall accept all
95	89		written reports signed by a health care provider.
96	90		SECTION 10. Section 410.167, Labor Code, is amended to read
97	91		as follows:
98	92		Sec. 410.167. EX PARTE CONTACTS PROHIBITED. A party and an
99	93		administrative law judge [a hearing officer] may not communicate
100	94		outside the contested case hearing unless the communication is in
101	95		writing with copies provided to all parties or relates to
102	96		procedural matters.
103	97		SECTION 11. Sections 410.168(a), (c), (d), and (e), Labor
104	98		Code, are amended to read as follows:
105	99		(a) The administrative law judge [hearing officer] shall
106	100		issue a written decision that includes:
107	101		(1) findings of fact and conclusions of law;
108	102		(2) a determination of whether benefits are due; and
109	103		(3) an award of benefits due.
110	104		(c) The administrative law judge [hearing officer] may
111	105		enter an interlocutory order for the payment of all or part of
112	106		medical benefits or income benefits. The order may address accrued
113	107		benefits, future benefits, or both accrued benefits and future
114	108		benefits. The order is binding during the pendency of an appeal to
115	109		the appeals panel.
116	110		(d) On a form that the commissioner by rule prescribes, the
117	111		administrative law judge [hearing officer] shall issue a separate
118	112		written decision regarding attorney's fees and any matter related
119	113		to attorney's fees. The decision regarding attorney's fees and the
120	114		form may not be made known to a jury in a judicial review of an
121	115		award, including an appeal.
122	116		(e) The commissioner by rule shall prescribe the times
123	117		within which the administrative law judge [hearing officer] must
124	118		file the decisions with the division.
125	119		SECTION 12. Section 410.169, Labor Code, is amended to read
126	120		as follows:
127	121		Sec. 410.169. EFFECT OF DECISION. A decision of an
128	122		administrative law judge [a hearing officer] regarding benefits is
129	123		final in the absence of a timely appeal by a party and is binding
130	124		during the pendency of an appeal to the appeals panel.
131	125		SECTION 13. Sections 410.202(a) and (c), Labor Code, are
132	126		amended to read as follows:
133	127		(a) To appeal the decision of an administrative law judge [a
134	128		hearing officer], a party shall file a written request for appeal
135	129		with the appeals panel not later than the 15th day after the date on
136	130		which the decision of the administrative law judge [hearing
137	131		officer] is received from the division and shall on the same date
138	132		serve a copy of the request for appeal on the other party.
139	133		(c) A request for appeal or a response must clearly and
140	134		concisely rebut or support the decision of the administrative law
141	135		judge [hearing officer] on each issue on which review is sought.
142	136		SECTION 14. Section 410.203(b), Labor Code, is amended to
143	137		read as follows:
144	138		(b) The appeals panel may:
145	139		(1) reverse the decision of the administrative law
146	140		judge [hearings officer] and render a new decision;
147	141		(2) reverse the decision of the administrative law
148	142		judge [hearings officer] and remand the case to the administrative
149	143		law judge [hearing officer] for further consideration and
150	144		development of evidence; or
151	145		(3) affirm the decision of the administrative law
152	146		judge [hearings officer] in a case described by Section
153	147		410.204(a-1).
154	148		SECTION 15. Sections 410.204(a-1) and (c), Labor Code, are
155	149		amended to read as follows:
156	150		(a-1) An appeals panel may only issue a written decision in
157	151		a case in which the panel affirms the decision of an administrative
158	152		law judge [a hearings officer] if the case:
159	153		(1) is a case of first impression;
160	154		(2) involves a recent change in law; or
161	155		(3) involves errors at the contested case hearing that
162	156		require correction but do not affect the outcome of the hearing,
163	157		including:
164	158		(A) findings of fact for which insufficient
165	159		evidence exists;
166	160		(B) incorrect conclusions of law;
167	161		(C) findings of fact or conclusions of law
168	162		regarding matters that were not properly before the administrative
169	163		law judge [hearings officer]; and
170	164		(D) legal errors not otherwise described by this
171	165		subdivision.
172	166		(c) If the appeals panel does not issue a decision in
173	167		accordance with this section, the decision of the administrative
174	168		law judge [hearing officer] becomes final and is the final decision
175	169		of the appeals panel.
176	170		SECTION 16. Sections 413.0311(b), (c), and (d), Labor Code,
177	171		are amended to read as follows:
178	172		(b) A party to a medical dispute described by Subsection (a)
179	173		is entitled to a contested case hearing. A contested case hearing
180	174		under this section shall be conducted by an administrative law
181	175		judge [a hearings officer] in the manner provided for contested
182	176		case hearings under Subchapter D, Chapter 410. Notwithstanding
183	177		Section 410.024, a benefit review conference is not a prerequisite
184	178		to a contested case hearing under this section.
185	179		(c) The decision of an administrative law judge [a hearings
186	180		officer] under this section is final in the absence of a timely
187	181		appeal by a party for judicial review under Subsection (d).
188	182		(d) A party who has exhausted all administrative remedies
189	183		under Section 413.031 and this section and who is aggrieved by a
190	184		final decision of the administrative law judge [hearings officer]
191	185		under Subsection (c) may seek judicial review of the decision.
192	186		Judicial review under this subsection shall be conducted in the
193	187		manner provided for judicial review of a contested case under
194	188		Subchapter G, Chapter 2001, Government Code, except that the party
195	189		seeking judicial review under this section must file suit not later
196	190		than the 45th day after the date on which the division mailed the
197	191		party the decision of the administrative law judge [hearings
198	192		officer]. For purposes of this subsection, the mailing date is
199	193		considered to be the fifth day after the date the decision of the
200	194		administrative law judge [hearings officer] was filed with the
201	195		division.
202	196		SECTION 17. Section 504.054(b), Labor Code, is amended to
203	197		read as follows:
204	198		(b) The administrative law judge [hearing officer]
205	199		conducting the contested case hearing under Subsection (a) shall
206	200		consider any treatment guidelines adopted by the political
207	201		subdivision or pool that provides medical benefits under Section
208	202		504.053(b)(2) if those guidelines meet the standards provided by
209	203		Section 413.011(e).
210	204		SECTION 18. This Act takes effect September 1, 2017.
211		-	* * * * *
	205	+	______________________________ ______________________________
	206	+	President of the Senate Speaker of the House
	207	+	I certify that H.B. No. 2111 was passed by the House on April
	208	+	13, 2017, by the following vote: Yeas 138, Nays 0, 3 present, not
	209	+	voting.
	210	+	______________________________
	211	+	Chief Clerk of the House
	212	+	I certify that H.B. No. 2111 was passed by the Senate on May
	213	+	24, 2017, by the following vote: Yeas 31, Nays 0.
	214	+	______________________________
	215	+	Secretary of the Senate
	216	+	APPROVED: _____________________
	217	+	Date
	218	+	_____________________
	219	+	Governor