| 4 | 3 | | |
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| 5 | 4 | | |
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| 6 | 5 | | A BILL TO BE ENTITLED |
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| 7 | 6 | | AN ACT |
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| 8 | 7 | | relating to the adoption and review of certain workers' |
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| 9 | 8 | | compensation guidelines, protocols, and formulary. |
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| 10 | 9 | | BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
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| 11 | 10 | | SECTION 1. Section 413.011, Labor Code, is amended by |
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| 12 | 11 | | adding Subsection (j) to read as follows: |
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| 13 | 12 | | (j) The commissioner by rule may at any time amend or |
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| 14 | 13 | | replace the treatment guidelines, return-to-work guidelines, or |
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| 15 | 14 | | individual treatment protocols adopted under Subsection (e) or the |
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| 16 | 15 | | formulary adopted as described by Section 408.028(b) to ensure that |
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| 17 | 16 | | the guidelines, protocols, and formulary are current and comply |
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| 18 | 17 | | with the requirements of this section. |
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| 19 | 18 | | SECTION 2. (a) Not later than July 1, 2022, the |
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| 20 | 19 | | commissioner of workers' compensation shall contract with an |
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| 21 | 20 | | independent entity to conduct a comparative evaluation of the |
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| 22 | 21 | | treatment guidelines, return-to-work guidelines, and individual |
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| 23 | 22 | | treatment protocols adopted by the commissioner under Section |
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| 24 | 23 | | 413.011(e), Labor Code, and the formulary adopted by the |
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| 25 | 24 | | commissioner as described by Section 408.028(b), Labor Code, and |
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| 26 | 25 | | report the findings of the evaluation to the commissioner. |
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| 27 | 26 | | (b) The commissioner of workers' compensation shall ensure |
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| 28 | 27 | | that the entity conducting the evaluation under Subsection (a) of |
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| 29 | 28 | | this section does not have a conflict of interest that would |
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| 30 | 29 | | adversely impact the entity's independence and impartiality, |
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| 31 | 30 | | including any financial interest in a developer or publisher of any |
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| 32 | 31 | | guideline considered in the evaluation. The entity conducting the |
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| 33 | 32 | | evaluation may not participate in the development of any guideline |
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| 34 | 33 | | considered in the evaluation. |
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| 35 | 34 | | (c) Based on the results of the comparative evaluation |
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| 36 | 35 | | conducted under Subsection (a) of this section, the commissioner of |
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| 37 | 36 | | workers' compensation shall determine whether the treatment |
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| 38 | 37 | | guidelines, return-to-work guidelines, or individual treatment |
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| 39 | 38 | | protocols adopted by the commissioner under Section 413.011(e), |
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| 40 | 39 | | Labor Code, or the formulary adopted by the commissioner as |
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| 41 | 40 | | described by Section 408.028(b), Labor Code, should be amended. |
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| 42 | 41 | | SECTION 3. This Act takes effect September 1, 2021. |
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