| 1 | 1 | | By: Bhojani, et al. (Senate Sponsor - Hall) H.B. No. 4524 |
|---|
| 2 | 2 | | (In the Senate - Received from the House May 10, 2023; |
|---|
| 3 | 3 | | May 11, 2023, read first time and referred to Committee on Business & |
|---|
| 4 | 4 | | Commerce; May 22, 2023, reported adversely, with favorable |
|---|
| 5 | 5 | | Committee Substitute by the following vote: Yeas 11, Nays 0; |
|---|
| 6 | 6 | | May 22, 2023, sent to printer.) |
|---|
| 7 | 7 | | Click here to see the committee vote |
|---|
| 8 | 8 | | COMMITTEE SUBSTITUTE FOR H.B. No. 4524 By: King |
|---|
| 9 | 9 | | |
|---|
| 10 | 10 | | |
|---|
| 11 | 11 | | A BILL TO BE ENTITLED |
|---|
| 12 | 12 | | AN ACT |
|---|
| 13 | 13 | | relating to conducting certain medical examinations using |
|---|
| 14 | 14 | | telemedicine under the workers' compensation system. |
|---|
| 15 | 15 | | BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
|---|
| 16 | 16 | | SECTION 1. Section 408.0041, Labor Code, is amended by |
|---|
| 17 | 17 | | adding Subsection (d-1) to read as follows: |
|---|
| 18 | 18 | | (d-1) In this subsection, "telehealth services" and |
|---|
| 19 | 19 | | "telemedicine medical services" have the meanings assigned by |
|---|
| 20 | 20 | | Section 111.001, Occupations Code. The commissioner may order an |
|---|
| 21 | 21 | | examination under this section to be conducted using telehealth |
|---|
| 22 | 22 | | services or telemedicine medical services if the commissioner |
|---|
| 23 | 23 | | determines conducting the examination in that manner is necessary |
|---|
| 24 | 24 | | to ensure access to a timely examination by a qualified doctor and |
|---|
| 25 | 25 | | the employee consents to the use of telehealth services or |
|---|
| 26 | 26 | | telemedicine medical services in conducting the examination. |
|---|
| 27 | 27 | | During an examination conducted using telehealth services or |
|---|
| 28 | 28 | | telemedicine medical services under this subsection, a health care |
|---|
| 29 | 29 | | practitioner must be physically present in the room in which the |
|---|
| 30 | 30 | | employee is located to assist in conducting the examination and |
|---|
| 31 | 31 | | administering any necessary testing. The commissioner may adopt |
|---|
| 32 | 32 | | rules related to examinations performed using telehealth services |
|---|
| 33 | 33 | | or telemedicine medical services under this subsection. |
|---|
| 34 | 34 | | SECTION 2. Subchapter G, Chapter 408, Labor Code, is |
|---|
| 35 | 35 | | amended by adding Section 408.1231 to read as follows: |
|---|
| 36 | 36 | | Sec. 408.1231. CONDUCTING CERTAIN MEDICAL EXAMINATIONS |
|---|
| 37 | 37 | | USING TELEHEALTH SERVICES OR TELEMEDICINE MEDICAL SERVICES. (a) |
|---|
| 38 | 38 | | In this section, "telehealth services" and "telemedicine medical |
|---|
| 39 | 39 | | services" have the meanings assigned by Section 111.001, |
|---|
| 40 | 40 | | Occupations Code. |
|---|
| 41 | 41 | | (b) The employee's treating doctor or another doctor |
|---|
| 42 | 42 | | authorized by the division to certify maximum medical improvement |
|---|
| 43 | 43 | | or assign an impairment rating under Section 408.123 may certify |
|---|
| 44 | 44 | | maximum medical improvement or assign an impairment rating during a |
|---|
| 45 | 45 | | medical examination performed by the doctor using telehealth |
|---|
| 46 | 46 | | services or telemedicine medical services if: |
|---|
| 47 | 47 | | (1) the employee consents to the use of telehealth |
|---|
| 48 | 48 | | services or telemedicine medical services in conducting the |
|---|
| 49 | 49 | | examination; and |
|---|
| 50 | 50 | | (2) either: |
|---|
| 51 | 51 | | (A) the examination is of a musculoskeletal |
|---|
| 52 | 52 | | injury or diagnosis involving: |
|---|
| 53 | 53 | | (i) the hand or upper extremities; |
|---|
| 54 | 54 | | (ii) the foot, including toes and heel; or |
|---|
| 55 | 55 | | (ii) the spine and musculoskeletal |
|---|
| 56 | 56 | | structures of the torso; or |
|---|
| 57 | 57 | | (B) the commissioner determines there is good |
|---|
| 58 | 58 | | cause to conduct the examination using telehealth services or |
|---|
| 59 | 59 | | telemedicine medical services. |
|---|
| 60 | 60 | | (c) During an examination conducted using telehealth |
|---|
| 61 | 61 | | services or telemedicine medical services under Subsection (b), a |
|---|
| 62 | 62 | | health care practitioner must be physically present in the room in |
|---|
| 63 | 63 | | which the employee is located to assist in conducting the |
|---|
| 64 | 64 | | examination and administering any necessary testing unless a |
|---|
| 65 | 65 | | doctor: |
|---|
| 66 | 66 | | (1) determined that the employee is not at maximum |
|---|
| 67 | 67 | | medical improvement; or |
|---|
| 68 | 68 | | (2) certified maximum medical improvement during an |
|---|
| 69 | 69 | | examination and based on the examination concluded there was no |
|---|
| 70 | 70 | | possibility of impairment. |
|---|
| 71 | 71 | | (d) The commissioner shall adopt rules necessary to |
|---|
| 72 | 72 | | implement this section. |
|---|
| 73 | 73 | | SECTION 3. Section 408.0041, Labor Code, as amended by this |
|---|
| 74 | 74 | | Act, and Section 408.1231, Labor Code, as added by this Act, apply |
|---|
| 75 | 75 | | only to a medical examination conducted on or after the effective |
|---|
| 76 | 76 | | date of this Act. A medical examination conducted before that date |
|---|
| 77 | 77 | | is governed by the law in effect on the date the examination was |
|---|
| 78 | 78 | | conducted, and the former law is continued in effect for that |
|---|
| 79 | 79 | | purpose. |
|---|
| 80 | 80 | | SECTION 4. This Act takes effect March 1, 2024. |
|---|
| 81 | 81 | | * * * * * |
|---|