Texas 2021 - 87th Regular

Texas House Bill HB1753 Compare Versions

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1-H.B. No. 1753
1+By: Oliverson (Senate Sponsor - Schwertner) H.B. No. 1753
2+ (In the Senate - Received from the House May 10, 2021;
3+ May 11, 2021, read first time and referred to Committee on Business &
4+ Commerce; May 20, 2021, reported favorably by the following vote:
5+ Yeas 9, Nays 0; May 20, 2021, sent to printer.)
6+Click here to see the committee vote
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38
9+ A BILL TO BE ENTITLED
410 AN ACT
511 relating to certain required reports under the Texas workers'
612 compensation system.
713 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
814 SECTION 1. Section 1305.502(a), Insurance Code, is amended
915 to read as follows:
1016 (a) Not later than December 1 of each even-numbered year,
1117 the [The] group shall develop and issue an [annual] informational
1218 report card that identifies and compares, on an objective basis,
1319 the quality, costs, health care provider availability, and other
1420 analogous factors of workers' compensation health care networks
1521 operating under the workers' compensation system of this state with
1622 each other and with medical care provided outside of networks.
1723 SECTION 2. Sections 504.053(c) and (d), Labor Code, are
1824 amended to read as follows:
1925 (c) If the political subdivision or pool provides medical
2026 benefits in the manner authorized under Subsection (b)(2), the
2127 following do not apply:
2228 (1) Sections 408.004 and 408.0041, unless use of a
2329 required medical examination or designated doctor is necessary to
2430 resolve an issue relating to the entitlement to or amount of income
2531 benefits under this title;
2632 (2) Subchapter B, Chapter 408, except for Section
2733 408.021;
2834 (3) Chapter 413, except for Section 413.042; and
2935 (4) Chapter 1305, Insurance Code, except for Sections
3036 [1305.501,] 1305.502[,] and 1305.503.
3137 (d) If the political subdivision or pool provides medical
3238 benefits in the manner authorized under Subsection (b)(2), the
3339 following standards apply:
3440 (1) the political subdivision or pool must ensure that
3541 workers' compensation medical benefits are reasonably available to
3642 all injured workers of the political subdivision or the injured
3743 workers of the members of the pool within a designed service area;
3844 (2) the political subdivision or pool must ensure that
3945 all necessary health care services are provided in a manner that
4046 will ensure the availability of and accessibility to adequate
4147 health care providers, specialty care, and facilities;
4248 (3) the political subdivision or pool must have an
4349 internal review process for resolving complaints relating to the
4450 manner of providing medical benefits, including an appeal to the
4551 governing body or its designee and appeal to an independent review
4652 organization;
4753 (4) the political subdivision or pool must establish
4854 reasonable procedures for the transition of injured workers to
4955 contract providers and for the continuity of treatment, including
5056 notice of impending termination of providers and a current list of
5157 contract providers;
5258 (5) the political subdivision or pool shall provide
5359 for emergency care if an injured worker cannot reasonably reach a
5460 contract provider and the care is for medical screening or other
5561 evaluation that is necessary to determine whether a medical
5662 emergency condition exists, necessary emergency care services
5763 including treatment and stabilization, and services originating in
5864 a hospital emergency facility following treatment or stabilization
5965 of an emergency medical condition;
6066 (6) prospective or concurrent review of the medical
6167 necessity and appropriateness of health care services must comply
6268 with Article 21.58A, Insurance Code;
6369 (7) the political subdivision or pool shall continue
6470 to report data to the appropriate agency as required by Title 5 of
6571 this code and Chapter 1305, Insurance Code; and
6672 (8) a political subdivision or pool is subject to the
6773 requirements under Sections [1305.501,] 1305.502[,] and 1305.503,
6874 Insurance Code.
6975 SECTION 3. The following provisions are repealed:
7076 (1) Section 1305.501, Insurance Code;
7177 (2) Section 2053.012, Insurance Code; and
7278 (3) Sections 405.0025(b) and (c), Labor Code.
7379 SECTION 4. This Act takes effect immediately if it receives
7480 a vote of two-thirds of all the members elected to each house, as
7581 provided by Section 39, Article III, Texas Constitution. If this
7682 Act does not receive the vote necessary for immediate effect, this
7783 Act takes effect September 1, 2021.
78- ______________________________ ______________________________
79- President of the Senate Speaker of the House
80- I certify that H.B. No. 1753 was passed by the House on May 7,
81- 2021, by the following vote: Yeas 143, Nays 0, 1 present, not
82- voting.
83- ______________________________
84- Chief Clerk of the House
85- I certify that H.B. No. 1753 was passed by the Senate on May
86- 26, 2021, by the following vote: Yeas 31, Nays 0.
87- ______________________________
88- Secretary of the Senate
89- APPROVED: _____________________
90- Date
91- _____________________
92- Governor
84+ * * * * *