87R6788 RDS-F
By: Patterson, Shine, Ordaz Perez, Collier, H.B. No. 3042
et al.
A BILL TO BE ENTITLED
AN ACT
relating to the adoption and review of certain workers'
compensation guidelines, protocols, and formulary.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
SECTION 1. Section 413.011, Labor Code, is amended by
adding Subsection (j) to read as follows:
(j) The commissioner by rule may at any time amend or
replace the treatment guidelines, return-to-work guidelines, or
individual treatment protocols adopted under Subsection (e) or the
formulary adopted as described by Section 408.028(b) to ensure that
the guidelines, protocols, and formulary are current and comply
with the requirements of this section.
SECTION 2. (a) Not later than July 1, 2022, the
commissioner of workers' compensation shall contract with an
independent entity to conduct a comparative evaluation of the
treatment guidelines, return-to-work guidelines, and individual
treatment protocols adopted by the commissioner under Section
413.011(e), Labor Code, and the formulary adopted by the
commissioner as described by Section 408.028(b), Labor Code, and
report the findings of the evaluation to the commissioner.
(b) The commissioner of workers' compensation shall ensure
that the entity conducting the evaluation under Subsection (a) of
this section does not have a conflict of interest that would
adversely impact the entity's independence and impartiality,
including any financial interest in a developer or publisher of any
guideline considered in the evaluation. The entity conducting the
evaluation may not participate in the development of any guideline
considered in the evaluation.
(c) Based on the results of the comparative evaluation
conducted under Subsection (a) of this section, the commissioner of
workers' compensation shall determine whether the treatment
guidelines, return-to-work guidelines, or individual treatment
protocols adopted by the commissioner under Section 413.011(e),
Labor Code, or the formulary adopted by the commissioner as
described by Section 408.028(b), Labor Code, should be amended.
SECTION 3. This Act takes effect September 1, 2021.