86R3694 JSC-F
By: Collier H.B. No. 1005
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, if any, between a compensable injury and the diagnoses
or conditions specified in the insurance carrier's plain language
notice disputing the extent of the injured employee's compensable
injury.
(b) On receipt of a plain language notice from the insurance
carrier disputing the extent of an injured employee's compensable
injury, if the employee does not agree with the statements in the
plain language notice, the injured employee may request a medical
causation narrative report addressing the extent of the employee's
compensable injury from:
(1) the treating doctor; or
(2) a doctor to whom the treating doctor has
previously referred the injured employee and who has treated the
injured employee.
(c) An insurance carrier is required to provide
reimbursement for one medical causation narrative report for each
plain language notice disputing the extent of the injured
employee's compensable injury.
(d) The commissioner shall adopt rules implementing this
section to ensure the efficient use of medical causation narrative
reports and resolution of disputes regarding the extent of an
injured employee's compensable injury.
SECTION 2. The change in law made by this Act applies to a
medical causation narrative report requested in response to a plain
language notice disputing the extent of the injured employee's
compensable injury that is issued 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 September 1, 2019.