Texas 2021 - 87th 2nd C.S.

Texas Senate Bill SB96 Compare Versions

Only one version of the bill is available at this time.

Old	New	Differences
1	1	87S20839 KKR-D
2	2	By: Hall S.B. No. 96
3	3
4	4
5	5	A BILL TO BE ENTITLED
6	6	AN ACT
7	7	relating to workers' compensation benefits for injuries caused by
8	8	employer-required COVID-19 vaccines and payment of those benefits.
9	9	BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
10	10	SECTION 1. Subchapter A, Chapter 408, Labor Code, is
11	11	amended by adding Section 408.009 to read as follows:
12	12	Sec. 408.009. PRESUMPTION OF COMPENSABILITY FOR INJURY
13	13	CAUSED BY EMPLOYER-REQUIRED COVID-19 VACCINE. (a) In this
14	14	section, "COVID-19" means the 2019 novel coronavirus disease.
15	15	(b) An employee who suffers an injury caused by an adverse
16	16	reaction to a COVID-19 vaccine resulting in disability or death is
17	17	presumed to have suffered the injury during the course and scope of
18	18	employment if the employee was required to receive the vaccine as a
19	19	condition of employment.
20	20	SECTION 2. Section 409.021(a-3), Labor Code, is amended to
21	21	read as follows:
22	22	(a-3) An insurance carrier is not required to comply with
23	23	Subsection (a) if the claim results from an employee's disability
24	24	or death for which a presumption is claimed to be applicable under
25	25	Section 408.009 of this code or Subchapter B, Chapter 607,
26	26	Government Code, and, not later than the 15th day after the date on
27	27	which the insurance carrier received written notice of the injury,
28	28	the insurance carrier has provided the employee and the division
29	29	with a notice that describes all steps taken by the insurance
30	30	carrier to investigate the injury before the notice was given and
31	31	the evidence the carrier reasonably believes is necessary to
32	32	complete its investigation of the compensability of the
33	33	injury. The commissioner shall adopt rules as necessary to
34	34	implement this subsection.
35	35	SECTION 3. Section 415.021(c-2), Labor Code, is amended to
36	36	read as follows:
37	37	(c-2) In determining whether to assess an administrative
38	38	penalty involving a claim in which the insurance carrier provided
39	39	notice under Section 409.021(a-3), the commissioner shall consider
40	40	whether:
41	41	(1) the employee cooperated with the insurance
42	42	carrier's investigation of the claim;
43	43	(2) the employee timely authorized access to the
44	44	applicable medical records before the insurance carrier's deadline
45	45	to:
46	46	(A) begin payment of benefits; or
47	47	(B) notify the division and the employee of the
48	48	insurance carrier's refusal to pay benefits; and
49	49	(3) the insurance carrier conducted an investigation
50	50	of the claim, applied the statutory presumptions under Section
51	51	408.009 of this code or Subchapter B, Chapter 607, Government Code,
52	52	and expedited medical benefits under Section 504.055.
53	53	SECTION 4. Section 408.009, Labor Code, as added by this
54	54	Act, applies only to a claim for workers' compensation benefits
55	55	filed on or after the effective date of this Act. A claim filed
56	56	before that date is governed by the law as it existed on the date the
57	57	claim was filed, and the former law is continued in effect for that
58	58	purpose.
59	59	SECTION 5. This Act takes effect immediately if it receives
60	60	a vote of two-thirds of all the members elected to each house, as
61	61	provided by Section 39, Article III, Texas Constitution. If this
62	62	Act does not receive the vote necessary for immediate effect, this
63	63	Act takes effect on the 91st day after the last day of the
64	64	legislative session.