| 4 | 6 | | AN ACT |
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| 5 | 7 | | relating to reimbursement of federal military treatment facilities |
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| 6 | 8 | | under the workers' compensation system. |
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| 7 | 9 | | BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
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| 8 | 10 | | SECTION 1. Subchapter B, Chapter 413, Labor Code, is |
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| 9 | 11 | | amended by adding Section 413.0112 to read as follows: |
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| 10 | 12 | | Sec. 413.0112. REIMBURSEMENT OF FEDERAL MILITARY TREATMENT |
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| 11 | 13 | | FACILITY. (a) In this section, "federal military treatment |
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| 12 | 14 | | facility" means a medical facility that operates as part of the |
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| 13 | 15 | | Military Health System of the United States Department of Defense. |
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| 14 | 16 | | (b) The reimbursement rates for medical services provided |
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| 15 | 17 | | to an injured employee by a federal military treatment facility |
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| 16 | 18 | | must be the amount charged by the facility as determined under 32 |
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| 17 | 19 | | C.F.R. Part 220. |
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| 18 | 20 | | (c) Chapter 1305, Insurance Code, and the following |
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| 19 | 21 | | sections of this code do not apply to the reimbursement of a federal |
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| 20 | 22 | | military treatment facility's charges for medical services |
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| 21 | 23 | | provided to an injured employee: |
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| 22 | 24 | | (1) Sections 408.027(a) and (f); |
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| 23 | 25 | | (2) Section 408.0271; |
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| 24 | 26 | | (3) Section 408.0272; |
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| 25 | 27 | | (4) Section 408.028; |
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| 26 | 28 | | (5) Section 408.0281; |
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| 27 | 29 | | (6) Section 413.011; |
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| 28 | 30 | | (7) Section 413.014; |
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| 29 | 31 | | (8) Section 413.031, as that section relates to |
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| 30 | 32 | | medical fee disputes; |
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| 31 | 33 | | (9) Section 413.041; and |
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| 32 | 34 | | (10) Section 504.053. |
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| 33 | 35 | | (d) The commissioner shall adopt rules necessary to |
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| 34 | 36 | | implement this section, including rules establishing: |
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| 35 | 37 | | (1) requirements for processing medical bills for |
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| 36 | 38 | | services provided to an injured employee by a federal military |
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| 37 | 39 | | treatment facility; and |
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| 38 | 40 | | (2) a separate medical dispute resolution process to |
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| 39 | 41 | | resolve disputes over charges billed directly to an injured |
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| 40 | 42 | | employee by a federal military treatment facility. |
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| 41 | 43 | | SECTION 2. The commissioner of workers' compensation shall |
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| 42 | 44 | | adopt rules as required by Section 413.0112, Labor Code, as added by |
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| 43 | 45 | | this Act, not later than December 1, 2019. |
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| 44 | 46 | | SECTION 3. The change in law made by this Act applies only |
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| 45 | 47 | | to health care services provided on or after January 1, 2020, in |
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| 46 | 48 | | conjunction with a claim for workers' compensation benefits, |
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| 47 | 49 | | regardless of the date on which the compensable injury that is the |
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| 48 | 50 | | basis of the claim occurred. |
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| 49 | 51 | | SECTION 4. This Act takes effect September 1, 2019. |
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| 50 | | - | ______________________________ ______________________________ |
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| 51 | | - | President of the Senate Speaker of the House |
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| 52 | | - | I hereby certify that S.B. No. 935 passed the Senate on |
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| 53 | | - | March 27, 2019, by the following vote: Yeas 31, Nays 0. |
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| 54 | | - | ______________________________ |
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| 55 | | - | Secretary of the Senate |
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| 56 | | - | I hereby certify that S.B. No. 935 passed the House on |
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| 57 | | - | May 17, 2019, by the following vote: Yeas 144, Nays 0, two |
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| 58 | | - | present not voting. |
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| 59 | | - | ______________________________ |
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| 60 | | - | Chief Clerk of the House |
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| 61 | | - | Approved: |
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| 62 | | - | ______________________________ |
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| 63 | | - | Date |
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| 64 | | - | ______________________________ |
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| 65 | | - | Governor |
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