4 | 10 | | AN ACT |
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5 | 11 | | relating to certain required reports under the Texas workers' |
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6 | 12 | | compensation system. |
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7 | 13 | | BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
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8 | 14 | | SECTION 1. Section 1305.502(a), Insurance Code, is amended |
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9 | 15 | | to read as follows: |
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10 | 16 | | (a) Not later than December 1 of each even-numbered year, |
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11 | 17 | | the [The] group shall develop and issue an [annual] informational |
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12 | 18 | | report card that identifies and compares, on an objective basis, |
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13 | 19 | | the quality, costs, health care provider availability, and other |
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14 | 20 | | analogous factors of workers' compensation health care networks |
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15 | 21 | | operating under the workers' compensation system of this state with |
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16 | 22 | | each other and with medical care provided outside of networks. |
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17 | 23 | | SECTION 2. Sections 504.053(c) and (d), Labor Code, are |
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18 | 24 | | amended to read as follows: |
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19 | 25 | | (c) If the political subdivision or pool provides medical |
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20 | 26 | | benefits in the manner authorized under Subsection (b)(2), the |
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21 | 27 | | following do not apply: |
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22 | 28 | | (1) Sections 408.004 and 408.0041, unless use of a |
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23 | 29 | | required medical examination or designated doctor is necessary to |
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24 | 30 | | resolve an issue relating to the entitlement to or amount of income |
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25 | 31 | | benefits under this title; |
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26 | 32 | | (2) Subchapter B, Chapter 408, except for Section |
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27 | 33 | | 408.021; |
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28 | 34 | | (3) Chapter 413, except for Section 413.042; and |
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29 | 35 | | (4) Chapter 1305, Insurance Code, except for Sections |
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30 | 36 | | [1305.501,] 1305.502[,] and 1305.503. |
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31 | 37 | | (d) If the political subdivision or pool provides medical |
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32 | 38 | | benefits in the manner authorized under Subsection (b)(2), the |
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33 | 39 | | following standards apply: |
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34 | 40 | | (1) the political subdivision or pool must ensure that |
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35 | 41 | | workers' compensation medical benefits are reasonably available to |
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36 | 42 | | all injured workers of the political subdivision or the injured |
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37 | 43 | | workers of the members of the pool within a designed service area; |
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38 | 44 | | (2) the political subdivision or pool must ensure that |
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39 | 45 | | all necessary health care services are provided in a manner that |
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40 | 46 | | will ensure the availability of and accessibility to adequate |
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41 | 47 | | health care providers, specialty care, and facilities; |
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42 | 48 | | (3) the political subdivision or pool must have an |
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43 | 49 | | internal review process for resolving complaints relating to the |
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44 | 50 | | manner of providing medical benefits, including an appeal to the |
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45 | 51 | | governing body or its designee and appeal to an independent review |
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46 | 52 | | organization; |
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47 | 53 | | (4) the political subdivision or pool must establish |
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48 | 54 | | reasonable procedures for the transition of injured workers to |
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49 | 55 | | contract providers and for the continuity of treatment, including |
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50 | 56 | | notice of impending termination of providers and a current list of |
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51 | 57 | | contract providers; |
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52 | 58 | | (5) the political subdivision or pool shall provide |
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53 | 59 | | for emergency care if an injured worker cannot reasonably reach a |
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54 | 60 | | contract provider and the care is for medical screening or other |
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55 | 61 | | evaluation that is necessary to determine whether a medical |
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56 | 62 | | emergency condition exists, necessary emergency care services |
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57 | 63 | | including treatment and stabilization, and services originating in |
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58 | 64 | | a hospital emergency facility following treatment or stabilization |
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59 | 65 | | of an emergency medical condition; |
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60 | 66 | | (6) prospective or concurrent review of the medical |
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61 | 67 | | necessity and appropriateness of health care services must comply |
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62 | 68 | | with Article 21.58A, Insurance Code; |
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63 | 69 | | (7) the political subdivision or pool shall continue |
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64 | 70 | | to report data to the appropriate agency as required by Title 5 of |
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65 | 71 | | this code and Chapter 1305, Insurance Code; and |
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66 | 72 | | (8) a political subdivision or pool is subject to the |
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67 | 73 | | requirements under Sections [1305.501,] 1305.502[,] and 1305.503, |
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68 | 74 | | Insurance Code. |
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69 | 75 | | SECTION 3. The following provisions are repealed: |
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70 | 76 | | (1) Section 1305.501, Insurance Code; |
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71 | 77 | | (2) Section 2053.012, Insurance Code; and |
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72 | 78 | | (3) Sections 405.0025(b) and (c), Labor Code. |
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73 | 79 | | SECTION 4. This Act takes effect immediately if it receives |
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74 | 80 | | a vote of two-thirds of all the members elected to each house, as |
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75 | 81 | | provided by Section 39, Article III, Texas Constitution. If this |
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76 | 82 | | Act does not receive the vote necessary for immediate effect, this |
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77 | 83 | | Act takes effect September 1, 2021. |
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