Texas 2021 - 87th Regular

Texas Senate Bill SB22 Compare Versions

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1-S.B. No. 22
1+87R23393 MCK-D
2+ By: Springer, et al. S.B. No. 22
3+ (Patterson, Collier, Burrows, Hunter, Canales)
4+ Substitute the following for S.B. No. 22: No.
25
36
7+ A BILL TO BE ENTITLED
48 AN ACT
59 relating to certain claims for benefits, compensation, or
610 assistance by certain public safety employees and survivors of
711 certain public safety employees.
812 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
913 SECTION 1. The heading to Subchapter B, Chapter 607,
1014 Government Code, is amended to read as follows:
1115 SUBCHAPTER B. DISEASES OR ILLNESSES SUFFERED BY DETENTION
12- OFFICERS, CUSTODIAL OFFICERS, FIREFIGHTERS, PEACE OFFICERS, AND
16+ OFFICERS, CORRECTIONS EMPLOYEES, FIREFIGHTERS, PEACE OFFICERS, AND
1317 EMERGENCY MEDICAL TECHNICIANS
1418 SECTION 2. Section 607.051, Government Code, is amended by
1519 amending Subdivision (1) and adding Subdivisions (1-a) and (1-b) to
1620 read as follows:
17- (1) "Custodial officer" means a person who is employed
18- by the Board of Pardons and Paroles or the Texas Department of
19- Criminal Justice as a parole officer or caseworker or who is
20- employed by the correctional institutions division of the Texas
21- Department of Criminal Justice and certified by the department as
22- having a normal job assignment that requires frequent or infrequent
23- regularly planned contact with, and in close proximity to, inmates
24- or defendants of the correctional institutions division without the
25- protection of bars, doors, security screens, or similar devices and
26- includes assignments normally involving supervision or the
27- potential for supervision of inmates in inmate housing areas,
28- educational or recreational facilities, industrial shops,
29- kitchens, laundries, medical areas, agricultural shops or fields,
30- or in other areas on or away from property of the department.
21+ (1) "Corrections employee" means an employee of the
22+ Texas Department of Criminal Justice whose job duties require
23+ regular interaction with the public or an incarcerated population.
3124 (1-a) "Detention officer" means an individual
3225 employed by a state agency or political subdivision of the state to
3326 ensure the safekeeping of prisoners and the security of a
3427 municipal, county, or state penal institution in this state.
3528 (1-b) "Disability" means partial or total disability.
3629 SECTION 3. Sections 607.052(a), (b), (e), and (g),
3730 Government Code, are amended to read as follows:
3831 (a) Notwithstanding any other law, this subchapter applies
39- only to a detention officer, custodial officer, firefighter, peace
40- officer, or emergency medical technician who:
32+ only to a detention officer, corrections employee, firefighter,
33+ peace officer, or emergency medical technician who:
4134 (1) on becoming employed or during employment as a
42- detention officer, custodial officer, firefighter, peace officer,
43- or emergency medical technician, received a physical examination
44- that failed to reveal evidence of the illness or disease for which
45- benefits or compensation are sought using a presumption established
46- by this subchapter;
35+ detention officer, corrections employee, firefighter, peace
36+ officer, or emergency medical technician, received a physical
37+ examination that failed to reveal evidence of the illness or
38+ disease for which benefits or compensation are sought using a
39+ presumption established by this subchapter;
4740 (2) is employed for five or more years as a
4841 firefighter, peace officer, or emergency medical technician,
4942 except for the presumption under Section 607.0545; and
5043 (3) seeks benefits or compensation for a disease or
5144 illness covered by this subchapter that is discovered during
52- employment as a detention officer, custodial officer, firefighter,
53- peace officer, or emergency medical technician.
45+ employment as a detention officer, corrections employee,
46+ firefighter, peace officer, or emergency medical technician.
5447 (b) A presumption under this subchapter does not apply:
5548 (1) to a determination of a survivor's eligibility for
5649 benefits under Chapter 615;
5750 (2) in a cause of action brought in a state or federal
5851 court except for judicial review of a proceeding in which there has
5952 been a grant or denial of employment-related benefits or
6053 compensation;
6154 (3) to a determination regarding benefits or
6255 compensation under a life or disability insurance policy purchased
63- by or on behalf of the detention officer, custodial officer,
56+ by or on behalf of the detention officer, corrections employee,
6457 firefighter, peace officer, or emergency medical technician that
6558 provides coverage in addition to any benefits or compensation
6659 required by law; or
6760 (4) if the disease or illness for which benefits or
6861 compensation is sought is known to be caused by the use of tobacco
6962 and:
7063 (A) the firefighter, peace officer, or emergency
7164 medical technician is or has been a user of tobacco; or
7265 (B) the firefighter's, peace officer's, or
7366 emergency medical technician's spouse has, during the marriage,
7467 been a user of tobacco that is consumed through smoking.
75- (e) A detention officer, custodial officer, firefighter,
68+ (e) A detention officer, corrections employee, firefighter,
7669 peace officer, or emergency medical technician who uses a
7770 presumption established under this subchapter is entitled only to
7871 the benefits or compensation to which the detention officer,
79- custodial officer, firefighter, peace officer, or emergency
72+ corrections employee, firefighter, peace officer, or emergency
8073 medical technician would otherwise be entitled to receive at the
8174 time the claim for benefits or compensation is filed.
8275 (g) This subchapter applies to a detention officer,
83- custodial officer, firefighter, peace officer, or emergency
76+ corrections employee, firefighter, peace officer, or emergency
8477 medical technician who provides services as an employee of an
8578 entity created by an interlocal agreement.
8679 SECTION 4. Section 607.054, Government Code, is amended to
8780 read as follows:
8881 Sec. 607.054. TUBERCULOSIS OR OTHER RESPIRATORY ILLNESS.
8982 (a) A firefighter, peace officer, or emergency medical technician
9083 who suffers from tuberculosis, or any other disease or illness of
9184 the lungs or respiratory tract that has a statistically positive
9285 correlation with service as a firefighter, peace officer, or
9386 emergency medical technician, that results in death or total or
9487 partial disability is presumed to have contracted the disease or
9588 illness during the course and scope of employment as a firefighter,
9689 peace officer, or emergency medical technician.
9790 (b) This section does not apply to a claim that a
9891 firefighter, peace officer, or emergency medical technician
9992 suffers from severe acute respiratory syndrome coronavirus 2
10093 (SARS-CoV-2) or coronavirus disease 2019 (COVID-19).
10194 SECTION 5. Subchapter B, Chapter 607, Government Code, is
10295 amended by adding Section 607.0545 to read as follows:
10396 Sec. 607.0545. SEVERE ACUTE RESPIRATORY SYNDROME
10497 CORONAVIRUS 2 (SARS-CoV-2) OR CORONAVIRUS DISEASE 2019 (COVID-19).
105- (a) A detention officer, custodial officer, firefighter, peace
106- officer, or emergency medical technician who suffers from severe
107- acute respiratory syndrome coronavirus 2 (SARS-CoV-2) or
108- coronavirus disease 2019 (COVID-19) that results in death or total
109- or partial disability is presumed to have contracted the virus or
110- disease during the course and scope of employment as a detention
111- officer, custodial officer, firefighter, peace officer, or
112- emergency medical technician if the detention officer, custodial
113- officer, firefighter, peace officer, or emergency medical
114- technician:
98+ (a) A detention officer, corrections employee, firefighter, peace
99+ officer, or emergency medical technician who, based on a test
100+ approved by the United States Food and Drug Administration, suffers
101+ from severe acute respiratory syndrome coronavirus 2 (SARS-CoV-2)
102+ or coronavirus disease 2019 (COVID-19) that results in death or
103+ total or partial disability is presumed to have contracted the
104+ virus or disease during the course and scope of employment as a
105+ detention officer, corrections employee, firefighter, peace
106+ officer, or emergency medical technician if the detention officer,
107+ corrections employee, firefighter, peace officer, or emergency
108+ medical technician:
115109 (1) is employed in the area designated in a disaster
116110 declaration by the governor under Section 418.014 or another law
117111 and the disaster is related to severe acute respiratory syndrome
118112 coronavirus 2 (SARS-CoV-2) or coronavirus disease 2019 (COVID-19);
119113 and
120114 (2) contracts the disease during the disaster declared
121115 by the governor described by Subdivision (1).
122116 (b) The presumption under this section applies only to a
123117 person who:
124- (1) is employed as a detention officer, custodial
125- officer, firefighter, peace officer, or emergency medical
126- technician on a full-time basis;
127- (2) is diagnosed with severe acute respiratory
118+ (1) is employed as a detention officer, corrections
119+ employee, firefighter, peace officer, or emergency medical
120+ technician on a full-time basis; and
121+ (2) was last on duty not more than 14 days before the
122+ date the person tests positive for severe acute respiratory
128123 syndrome coronavirus 2 (SARS-CoV-2) or coronavirus disease 2019
129- (COVID-19):
130- (A) using a test authorized, approved, or
131- licensed by the United States Food and Drug Administration; or
132- (B) if the person is deceased:
133- (i) using a test described by Paragraph
134- (A); or
135- (ii) by another means, including by a
136- physician; and
137- (3) was last on duty:
138- (A) not more than 15 days before the date the
139- person is diagnosed with severe acute respiratory syndrome
140- coronavirus 2 (SARS-CoV-2) or coronavirus disease 2019 (COVID-19)
141- using a test described by Subdivision (2)(A); or
142- (B) if the person is deceased, not more than 15
143- days before the date the person:
144- (i) was diagnosed with severe acute
145- respiratory syndrome coronavirus 2 (SARS-CoV-2) or coronavirus
146- disease 2019 (COVID-19) using a test described by Subdivision
147- (2)(A);
148- (ii) began to show symptoms of severe acute
149- respiratory syndrome coronavirus 2 (SARS-CoV-2) or coronavirus
150- disease 2019 (COVID-19) as determined by a licensed physician;
151- (iii) was hospitalized for symptoms related
152- to severe acute respiratory syndrome coronavirus 2 (SARS-CoV-2) or
153- coronavirus disease 2019 (COVID-19); or
154- (iv) died if severe acute respiratory
155- syndrome coronavirus 2 (SARS-CoV-2) or coronavirus disease 2019
156- (COVID-19) was a contributing factor in the person's death.
124+ (COVID-19).
157125 (c) This section does not affect the right of a detention
158- officer, custodial officer, firefighter, peace officer, or
126+ officer, corrections employee, firefighter, peace officer, or
159127 emergency medical technician to provide proof, without the use of
160128 the presumption under this section, that an injury or illness
161129 occurred during the course and scope of employment.
162130 (d) Sections 409.009 and 409.0091, Labor Code, do not apply
163131 to a claim for compensation determined to be compensable or
164132 accepted by an insurance carrier as compensable using the
165133 presumption under this section. Notwithstanding this subsection,
166134 an injured employee may request reimbursement for health care paid
167135 by the employee as provided by Section 409.0092, Labor Code.
168- (e) This section expires September 1, 2023.
169136 SECTION 6. Section 607.057, Government Code, is amended to
170137 read as follows:
171138 Sec. 607.057. EFFECT OF PRESUMPTION. Except as provided by
172139 Section 607.052(b), a presumption established under this
173140 subchapter applies to a determination of whether a detention
174- officer's, custodial officer's, firefighter's, peace officer's, or
175- emergency medical technician's disability or death resulted from a
176- disease or illness contracted in the course and scope of employment
177- for purposes of benefits or compensation provided under another
178- employee benefit, law, or plan, including a pension plan.
141+ officer's, corrections employee's, firefighter's, peace officer's,
142+ or emergency medical technician's disability or death resulted from
143+ a disease or illness contracted in the course and scope of
144+ employment for purposes of benefits or compensation provided under
145+ another employee benefit, law, or plan, including a pension plan.
179146 SECTION 7. Section 607.058, Government Code, is amended to
180147 read as follows:
181148 Sec. 607.058. PRESUMPTION REBUTTABLE. (a) A presumption
182149 under Section 607.053, 607.054, 607.0545, 607.055, or 607.056 may
183150 be rebutted through a showing by a preponderance of the evidence
184151 that a risk factor, accident, hazard, or other cause not associated
185- with the individual's service as a detention officer, custodial
186- officer, firefighter, peace officer, or emergency medical
152+ with the individual's service as a detention officer, corrections
153+ employee, firefighter, peace officer, or emergency medical
187154 technician was a substantial factor in bringing about the
188155 individual's disease or illness, without which the disease or
189156 illness would not have occurred.
190157 (b) A rebuttal offered under this section must include a
191158 statement by the person offering the rebuttal that describes, in
192159 detail, the evidence that the person reviewed before making the
193160 determination that a cause not associated with the individual's
194- service as a detention officer, custodial officer, firefighter,
161+ service as a detention officer, corrections employee, firefighter,
195162 peace officer, or emergency medical technician was a substantial
196163 factor in bringing about the individual's disease or illness,
197164 without which the disease or illness would not have occurred.
198165 (c) In addressing an argument based on a rebuttal offered
199166 under this section, an administrative law judge shall make findings
200167 of fact and conclusions of law that consider whether a qualified
201168 expert, relying on evidence-based medicine, stated the opinion
202169 that, based on reasonable medical probability, an identified risk
203170 factor, accident, hazard, or other cause not associated with the
204- individual's service as a detention officer, custodial officer,
171+ individual's service as a detention officer, corrections employee,
205172 firefighter, peace officer, or emergency medical technician was a
206173 substantial factor in bringing about the individual's disease or
207174 illness, without which the disease or illness would not have
208175 occurred.
209176 (d) A rebuttal offered under this section to a presumption
210177 under Section 607.0545 may not be based solely on evidence relating
211178 to the risk of exposure to severe acute respiratory syndrome
212179 coronavirus 2 (SARS-CoV-2) or coronavirus disease 2019 (COVID-19)
213- of a person with whom a detention officer, custodial officer,
180+ of a person with whom a detention officer, corrections employee,
214181 firefighter, peace officer, or emergency medical technician
215- resides. This subsection expires September 1, 2023.
182+ resides.
183+ (e) A rebuttal offered under this section to a presumption
184+ under Section 607.0545 may be based on evidence that a person with
185+ whom a detention officer, corrections employee, firefighter, peace
186+ officer, or emergency medical technician resides had a confirmed
187+ diagnosis of severe acute respiratory syndrome coronavirus 2
188+ (SARS-CoV-2) or coronavirus disease 2019 (COVID-19).
216189 SECTION 8. Subchapter A, Chapter 409, Labor Code, is
217190 amended by adding Section 409.0092 to read as follows:
218191 Sec. 409.0092. HEALTH CARE REIMBURSEMENT PROCEDURES FOR
219- CERTAIN INJURED EMPLOYEES. (a) An injured employee who is subject
220- to Section 607.0545, Government Code, and whose claim for benefits
221- is determined to be compensable by an insurance carrier or the
222- division, may request reimbursement for health care paid by the
223- employee, including copayments and partial payments, by submitting
224- to the carrier a legible written request and documentation showing
225- the amounts paid to the health care provider.
192+ CERTAIN INJURED EMPLOYEES. (a) An injured employee whose claim for
193+ compensation is determined to be accepted by an insurance carrier
194+ as compensable using the presumption under Section 607.0545,
195+ Government Code, may request reimbursement for health care paid by
196+ the employee, including copayments and partial payments, by
197+ submitting to the carrier a legible written request and
198+ documentation showing the amounts paid to the health care provider.
226199 (b) Not later than the 45th day after the date an injured
227200 employee submits a request for reimbursement for health care to an
228201 insurance carrier under Subsection (a), the carrier shall provide
229202 reimbursement or deny the request.
230203 (c) If an insurance carrier denies an injured employee's
231204 request for reimbursement for health care, the employee may seek
232205 medical dispute resolution as provided by Chapter 413 and division
233206 rules. Notwithstanding any other law, an employee's request for
234207 medical dispute resolution is considered timely if the employee
235208 submits the request not later than the 120th day after the date the
236209 carrier denies the employee's request for reimbursement.
237- (d) This section expires September 1, 2023.
238210 SECTION 9. Section 409.022(d), Labor Code, is amended to
239211 read as follows:
240- (d) In this subsection, the terms "custodial officer,"
212+ (d) In this subsection, the terms "corrections employee,"
241213 "detention officer," "emergency medical technician,"
242214 "firefighter," and "peace officer" have the meanings assigned by
243215 Section 607.051, Government Code. In addition to the other
244216 requirements of this section, if an insurance carrier's notice of
245217 refusal to pay benefits under Section 409.021 is sent in response to
246- a claim for compensation resulting from a custodial officer's, a
218+ a claim for compensation resulting from a corrections employee's, a
247219 detention officer's, an emergency medical technician's, a
248220 firefighter's, or a peace officer's disability or death for which a
249221 presumption is claimed to be applicable under Subchapter B, Chapter
250222 607, Government Code, the notice must include a statement by the
251223 carrier that:
252224 (1) explains why the carrier determined a presumption
253225 under that subchapter does not apply to the claim for compensation;
254226 and
255227 (2) describes the evidence that the carrier reviewed
256228 in making the determination described by Subdivision (1).
257229 SECTION 10. (a) The changes in law made by this Act apply to
258- a claim for benefits pending on or filed on or after the effective
259- date of this Act. A claim for benefits filed before that date is
260- covered by the law in effect on the date the claim was made, and that
261- law is continued in effect for that purpose.
262- (b) Notwithstanding any other law, a person subject to
263- Section 607.0545, Government Code, as added by this Act, who on or
264- after the date the governor declared a disaster under Chapter 418,
230+ a claim for benefits, compensation, or assistance pending on or
231+ filed on or after the effective date of this Act. A claim for
232+ benefits, compensation, or assistance filed before that date, other
233+ than a claim pending on that date, is covered by the law in effect on
234+ the date the claim was made, and that law is continued in effect for
235+ that purpose.
236+ (b) Notwithstanding any other law, a person who on or after
237+ the date the governor declared a disaster under Chapter 418,
265238 Government Code, relating to SARS-CoV-2, coronavirus disease 2019
266239 (COVID-19), but before the effective date of this Act, contracted
267240 SARS-CoV-2, coronavirus disease 2019 (COVID-19), may file a claim
268- for benefits related to SARS-CoV-2, coronavirus disease 2019
269- (COVID-19), on or after the effective date of this Act, regardless
270- of whether that claim is otherwise considered untimely and the
271- changes in law made by this Act apply to that claim. A claim
272- authorized under this subsection must be filed not later than six
273- months after the effective date of this Act.
241+ for benefits, compensation, or assistance related to SARS-CoV-2,
242+ coronavirus disease 2019 (COVID-19), on or after the effective date
243+ of this Act, regardless of whether that claim is otherwise
244+ considered untimely and the changes in law made by this Act apply to
245+ that claim. A claim authorized under this subsection must be filed
246+ not later than six months after the effective date of this Act.
274247 (c) Notwithstanding Subsection (a) of this section or
275- Section 409.003, 409.007, 410.169, or 410.205, Labor Code, a person
276- subject to Section 607.0545, Government Code, as added by this Act,
277- who on or after the date the governor declared a disaster under
278- Chapter 418, Government Code, relating to SARS-CoV-2, coronavirus
279- disease 2019 (COVID-19), but before the effective date of this Act,
280- filed a claim for benefits related to SARS-CoV-2, coronavirus
281- disease 2019 (COVID-19), and whose claim was subsequently denied
282- may, on or after the effective date of this Act, request in writing
283- that the insurance carrier reprocess the claim and the changes in
284- law made by this Act shall apply to that claim. A request to
285- reprocess a claim as authorized by this subsection shall be filed
286- not later than one year after the effective date of this Act.
248+ Section 409.003, 410.169, or 410.205, Labor Code, a person who on or
249+ after the date the governor declared a disaster under Chapter 418,
250+ Government Code, relating to SARS-CoV-2, coronavirus disease 2019
251+ (COVID-19), but before the effective date of this Act, filed a claim
252+ for benefits, compensation, or assistance related to SARS-CoV-2,
253+ coronavirus disease 2019 (COVID-19), and whose claim was
254+ subsequently denied may, on or after the effective date of this Act,
255+ request in writing that the insurance carrier reprocess the claim
256+ and the changes in law made by this Act shall apply to that claim. A
257+ request to reprocess a claim as authorized by this subsection shall
258+ be filed not later than one year after the effective date of this
259+ Act.
287260 (d) Not later than the 60th day after the date an insurance
288261 carrier receives a written request to reprocess a claim under
289262 Subsection (c) of this section, the insurance carrier shall
290263 reprocess the claim and notify the person in writing whether the
291264 carrier accepted or denied the claim. If the insurance carrier
292265 denies the claim, the notice must include information on the
293266 process for disputing the denial. The notice provided by the
294267 insurance carrier must use the notice provisions prescribed by the
295268 division of workers' compensation of the Texas Department of
296269 Insurance under Subsection (e) of this section.
297270 (e) As soon as practicable after the effective date of this
298271 Act, the division of workers' compensation of the Texas Department
299272 of Insurance shall prescribe notice provisions for an insurance
300273 carrier to use when providing notice of the insurance carrier's
301274 acceptance or denial of a person's claim. The notice provisions
302275 must be clear and easily understandable.
303276 SECTION 11. This Act takes effect immediately if it
304277 receives a vote of two-thirds of all the members elected to each
305278 house, as provided by Section 39, Article III, Texas Constitution.
306279 If this Act does not receive the vote necessary for immediate
307280 effect, this Act takes effect September 1, 2021.
308- ______________________________ ______________________________
309- President of the Senate Speaker of the House
310- I hereby certify that S.B. No. 22 passed the Senate on
311- April 21, 2021, by the following vote: Yeas 31, Nays 0;
312- May 25, 2021, Senate refused to concur in House amendments and
313- requested appointment of Conference Committee; May 27, 2021, House
314- granted request of the Senate; May 30, 2021, Senate adopted
315- Conference Committee Report by the following vote: Yeas 31,
316- Nays 0.
317- ______________________________
318- Secretary of the Senate
319- I hereby certify that S.B. No. 22 passed the House, with
320- amendments, on May 20, 2021, by the following vote: Yeas 139,
321- Nays 6, one present not voting; May 27, 2021, House granted request
322- of the Senate for appointment of Conference Committee;
323- May 30, 2021, House adopted Conference Committee Report by the
324- following vote: Yeas 139, Nays 3, two present not voting.
325- ______________________________
326- Chief Clerk of the House
327- Approved:
328- ______________________________
329- Date
330- ______________________________
331- Governor