| 1 | 1 | | 87R11568 KKR-D |
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| 2 | 2 | | By: Turner of Tarrant H.B. No. 3623 |
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| 3 | 3 | | |
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| 4 | 4 | | |
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| 5 | 5 | | A BILL TO BE ENTITLED |
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| 6 | 6 | | AN ACT |
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| 7 | 7 | | relating to the eligibility of certain health care providers for |
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| 8 | 8 | | workers' compensation benefits for post-traumatic stress disorder |
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| 9 | 9 | | arising from events in the course of employment during a public |
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| 10 | 10 | | health disaster. |
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| 11 | 11 | | BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
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| 12 | 12 | | SECTION 1. Subchapter A, Chapter 408, Labor Code, is |
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| 13 | 13 | | amended by adding Section 408.0061 to read as follows: |
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| 14 | 14 | | Sec. 408.0061. COVERAGE FOR POST-TRAUMATIC STRESS DISORDER |
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| 15 | 15 | | FOR CERTAIN HEALTH CARE PROVIDERS. (a) In this section: |
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| 16 | 16 | | (1) "Health care provider" has the meaning assigned by |
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| 17 | 17 | | Section 105.001, Occupations Code. |
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| 18 | 18 | | (2) "Post-traumatic stress disorder" means a disorder |
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| 19 | 19 | | that meets the diagnostic criteria for post-traumatic stress |
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| 20 | 20 | | disorder specified by the American Psychiatric Association in the |
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| 21 | 21 | | Diagnostic and Statistical Manual of Mental Disorders, fifth |
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| 22 | 22 | | edition, or a later edition adopted by the commissioner of workers' |
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| 23 | 23 | | compensation. |
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| 24 | 24 | | (3) "Public health disaster" has the meaning assigned |
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| 25 | 25 | | by Section 81.003, Health and Safety Code. |
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| 26 | 26 | | (b) Post-traumatic stress disorder suffered by a health |
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| 27 | 27 | | care provider is a compensable injury under this subtitle only if it |
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| 28 | 28 | | is based on a diagnosis that: |
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| 29 | 29 | | (1) the disorder is caused by one or more events |
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| 30 | 30 | | occurring in the course and scope of the health care provider's |
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| 31 | 31 | | employment during a public health disaster; and |
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| 32 | 32 | | (2) the preponderance of the evidence indicates that |
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| 33 | 33 | | the event or events were a producing cause of the disorder. |
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| 34 | 34 | | (c) For purposes of this subtitle, the date of injury for |
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| 35 | 35 | | post-traumatic stress disorder suffered by a health care provider |
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| 36 | 36 | | is the date on which the health care provider first knew or should |
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| 37 | 37 | | have known that the disorder may be related to the health care |
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| 38 | 38 | | provider's employment. |
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| 39 | 39 | | SECTION 2. The change in law made by this Act applies only |
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| 40 | 40 | | to a claim for workers' compensation benefits based on a |
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| 41 | 41 | | compensable injury that occurs on or after the effective date of |
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| 42 | 42 | | this Act. A claim based on a compensable injury that occurs before |
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| 43 | 43 | | that date is governed by the law as it existed on the date the |
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| 44 | 44 | | compensable injury occurred, and the former law is continued in |
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| 45 | 45 | | effect for that purpose. |
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| 46 | 46 | | SECTION 3. This Act takes effect September 1, 2021. |
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