Texas 2017 - 85th Regular

Texas Senate Bill SB1035 Latest Draft

Bill / Introduced Version Filed 02/22/2017

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                            85R10733 JSC-F
 By: Perry S.B. No. 1035


 A BILL TO BE ENTITLED
 AN ACT
 relating to medical causation narrative reports created under the
 Texas Workers' Compensation Act.
 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
 SECTION 1.  Subchapter B, Chapter 408, Labor Code, is
 amended by adding Section 408.0273 to read as follows:
 Sec. 408.0273.  MEDICAL CAUSATION NARRATIVE REPORT. (a)  In
 this section, "medical causation narrative report" means an
 original report created by a doctor that explains a causal
 connection between a workplace accident and a diagnosed injury.
 (b)  If an insurance carrier disputes the extent of an
 employee's compensable injury or if an injured employee does not
 agree with the opinion of a designated doctor under Section
 408.0041 on that issue, the insurance carrier shall reimburse the
 treating doctor or doctor to whom the injured employee is referred
 by the treating doctor for the creation of a medical causation
 narrative report addressing that issue, regardless of whether the
 injured employee, a representative of the injured employee, or the
 insurance carrier requests the creation of the report.
 SECTION 2.  The change in law made by this Act applies to a
 medical causation narrative report requested on or after the
 effective date of this Act, regardless of whether the compensable
 injury occurred before, on, or after that date.
 SECTION 3.  This Act takes effect immediately if it receives
 a vote of two-thirds of all the members elected to each house, as
 provided by Section 39, Article III, Texas Constitution.  If this
 Act does not receive the vote necessary for immediate effect, this
 Act takes effect September 1, 2017.