87R11568 KKR-D
By: Turner of Tarrant H.B. No. 3623
A BILL TO BE ENTITLED
AN ACT
relating to the eligibility of certain health care providers for
workers' compensation benefits for post-traumatic stress disorder
arising from events in the course of employment during a public
health disaster.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
SECTION 1. Subchapter A, Chapter 408, Labor Code, is
amended by adding Section 408.0061 to read as follows:
Sec. 408.0061. COVERAGE FOR POST-TRAUMATIC STRESS DISORDER
FOR CERTAIN HEALTH CARE PROVIDERS. (a) In this section:
(1) "Health care provider" has the meaning assigned by
Section 105.001, Occupations Code.
(2) "Post-traumatic stress disorder" means a disorder
that meets the diagnostic criteria for post-traumatic stress
disorder specified by the American Psychiatric Association in the
Diagnostic and Statistical Manual of Mental Disorders, fifth
edition, or a later edition adopted by the commissioner of workers'
compensation.
(3) "Public health disaster" has the meaning assigned
by Section 81.003, Health and Safety Code.
(b) Post-traumatic stress disorder suffered by a health
care provider is a compensable injury under this subtitle only if it
is based on a diagnosis that:
(1) the disorder is caused by one or more events
occurring in the course and scope of the health care provider's
employment during a public health disaster; and
(2) the preponderance of the evidence indicates that
the event or events were a producing cause of the disorder.
(c) For purposes of this subtitle, the date of injury for
post-traumatic stress disorder suffered by a health care provider
is the date on which the health care provider first knew or should
have known that the disorder may be related to the health care
provider's employment.
SECTION 2. The change in law made by this Act applies only
to a claim for workers' compensation benefits based on a
compensable injury that occurs on or after the effective date of
this Act. A claim based on a compensable injury that occurs before
that date is governed by the law as it existed on the date the
compensable injury occurred, and the former law is continued in
effect for that purpose.
SECTION 3. This Act takes effect September 1, 2021.