Texas 2023 - 88th Regular

Texas House Bill HB2702 Compare Versions

Version 1 (Old)

Version 2 (New)

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1	1	By: Guillen (Senate Sponsor - Menéndez) H.B. No. 2702
2	2	(In the Senate - Received from the House May 12, 2023;
3	3	May 12, 2023, read first time and referred to Committee on Business &
4	4	Commerce; May 21, 2023, reported favorably by the following vote:
5	5	Yeas 9, Nays 1; May 21, 2023, sent to printer.)
6	6	Click here to see the committee vote
7	7
8	8
9	9	COMMITTEE VOTE
10	10	YeaNayAbsentPNV
11	11	SchwertnerX
12	12	KingX
13	13	BirdwellX
14	14	CampbellX
15	15	CreightonX
16	16	JohnsonX
17	17	KolkhorstX
18	18	MenéndezX
19	19	MiddletonX
20	20	NicholsX
21	21	ZaffiriniX
22	22	A BILL TO BE ENTITLED
23	23	AN ACT
24	24	relating to payments associated with certain medical examinations
25	25	under the workers' compensation system; imposing a fee.
26	26	BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
27	27	SECTION 1. Section 408.0041(h), Labor Code, is amended to
28	28	read as follows:
29	29	(h) In accordance with the adjusted payment amounts
30	30	prescribed by the commissioner under Section 408.00411, the [The]
31	31	insurance carrier shall pay [for]:
32	32	(1) for:
33	33	(A) an examination required under Subsection
34	34	(a), (f), or (f-2), unless otherwise prohibited by this subtitle or
35	35	by an order or rule of the commissioner; and
36	36	(B) [(2)] the reasonable expenses incident to
37	37	the employee in submitting to the examination; or
38	38	(2) if an employee fails or refuses to appear at the
39	39	time and place scheduled for an examination under Subsection (a) or
40	40	(f) without good cause as determined by the commissioner, a fee set
41	41	by the commissioner in an amount not less than $100 to the
42	42	designated doctor or doctor selected by the insurance carrier, as
43	43	applicable.
44	44	SECTION 2. Subchapter A, Chapter 408, Labor Code, is
45	45	amended by adding Section 408.00411 to read as follows:
46	46	Sec. 408.00411. ADJUSTMENT OF CERTAIN EXAMINATION FEES AND
47	47	EXAMINATION NO-SHOW FEES. (a) Not later than January 31 of each
48	48	year beginning with the year 2025, the commissioner shall adjust
49	49	for inflation, in accordance with rules adopted under Subsection
50	50	(b), the amounts required to be paid by an insurance carrier:
51	51	(1) for a medical examination conducted under Section
52	52	408.004 or 408.0041(a), (f), or (f-2);
53	53	(2) for a medical examination conducted to determine
54	54	or resolve any question about:
55	55	(A) the impairment caused by the compensable
56	56	injury; or
57	57	(B) the attainment of maximum medical
58	58	improvement; and
59	59	(3) as a fee under Section 408.0041(h)(2) for the
60	60	failure or refusal of an employee to appear at the time and place
61	61	scheduled for a medical examination to which that subdivision
62	62	applies.
63	63	(b) Subject to Section 413.011, the commissioner shall
64	64	adopt rules as necessary to implement this section, including rules
65	65	providing for the computation of the amount of an adjustment under
66	66	Subsection (a), which may provide for determining the amount of the
67	67	adjustment using the Medicare Economic Index.
68	68	(c) Notwithstanding any other provision of this section,
69	69	not later than January 31, 2024, the commissioner shall adjust for
70	70	inflation, in accordance with this subsection, the amounts required
71	71	to be paid by an insurance carrier for a medical examination
72	72	described by Subsection (a)(1) or (2). The commissioner shall
73	73	compute the amount of the adjustment based on the percentage
74	74	increase, if any, in the Medicare Economic Index for the period
75	75	beginning on the date that the fee was initially adopted or last
76	76	adjusted by the commissioner, as applicable, and ending January 1,
77	77	2024. This subsection expires January 1, 2025.
78	78	SECTION 3. Not later than April 1, 2024, the commissioner of
79	79	workers' compensation shall set the initial amount of the fee under
80	80	Section 408.0041(h)(2), Labor Code, as added by this Act.
81	81	SECTION 4. Not later than April 1, 2024, the commissioner of
82	82	workers' compensation shall adopt rules to implement Section
83	83	408.00411, Labor Code, as added by this Act.
84	84	SECTION 5. The changes in law made by this Act to Section
85	85	408.0041, Labor Code, apply only to a medical examination that
86	86	occurs or is scheduled to occur, as applicable, on or after March 1,
87	87	2024. A medical examination that occurs or is scheduled to occur,
88	88	as applicable, before that date is governed by the law as it existed
89	89	immediately before the effective date of this Act, and the former
90	90	law is continued in effect for that purpose.
91	91	SECTION 6. This Act takes effect September 1, 2023.
92	92	* * * * *