86R8386 KKR-F
By: Murphy H.B. No. 4300
A BILL TO BE ENTITLED
AN ACT
relating to a settlement for the payment of certain medical
benefits under the Texas Workers' Compensation Act.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
SECTION 1. Section 408.005, Labor Code, is amended by
amending Subsections (b) and (e) and adding Subsections (b-1) and
(e-1) to read as follows:
(b) An employee's right to medical benefits as provided by
Section 408.021 may not be limited or terminated except as provided
by this section.
(b-1) Parties may reach a settlement of medical benefits if:
(1) the injured employee enters into a workers'
compensation Medicare set-aside arrangement;
(2) the arrangement described by Subdivision (1) is
approved by the federal Centers for Medicare and Medicaid Services,
if the proposed amount of the settlement is eligible for review by
that agency; and
(3) the settlement provides for:
(A) oversight of the arrangement described by
Subdivision (1) by a corporate trustee or other professional
administrator; and
(B) a reversionary interest on the employee's
death allowing the unexpended funds to be shared by the injured
employee's beneficiary and the payor.
(e) The commissioner shall approve a settlement if the
commissioner is satisfied that:
(1) the settlement accurately reflects the agreement
between the parties;
(2) the settlement reflects adherence to all
appropriate provisions of law and the rules [policies] of the
division; [and]
(3) under the law and facts, the settlement is in the
best interest of the injured employee;
(4) the settlement is entered into voluntarily by all
parties; and
(5) to the extent possible, all extent of injury
issues have been resolved [claimant].
(e-1) For purposes of Subsection (e)(3), the commissioner
may not find that a settlement of medical benefits under Subsection
(b-1) is in the best interest of the injured employee unless the
settlement is overseen by a corporate trustee or other professional
administrator.
SECTION 2. Section 408.021(d), Labor Code, is amended to
read as follows:
(d) Except as provided by Section 408.005, an [An] insurance
carrier's liability for medical benefits may not be limited or
terminated by agreement or settlement.
SECTION 3. The change in law made by this Act applies only
to a settlement entered into on or after the effective date of this
Act, in conjunction with a claim for workers' compensation
benefits, regardless of the date on which the compensable injury
that is the basis of the claim occurred.
SECTION 4. This Act takes effect September 1, 2019.