| 1 | 1 | | 88R10077 RDS-F |
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| 2 | 2 | | By: Menéndez S.B. No. 1793 |
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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 payments associated with certain medical examinations |
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| 8 | 8 | | under the workers' compensation system; imposing a fee. |
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| 9 | 9 | | BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
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| 10 | 10 | | SECTION 1. Section 408.0041(h), Labor Code, is amended to |
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| 11 | 11 | | read as follows: |
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| 12 | 12 | | (h) In accordance with the adjusted payment amounts |
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| 13 | 13 | | prescribed by the commissioner under Section 408.00411, the [The] |
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| 14 | 14 | | insurance carrier shall pay [for]: |
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| 15 | 15 | | (1) for: |
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| 16 | 16 | | (A) an examination required under Subsection |
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| 17 | 17 | | (a), (f), or (f-2), unless otherwise prohibited by this subtitle or |
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| 18 | 18 | | by an order or rule of the commissioner; and |
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| 19 | 19 | | (B) [(2)] the reasonable expenses incident to |
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| 20 | 20 | | the employee in submitting to the examination; or |
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| 21 | 21 | | (2) if an employee fails or refuses to appear at the |
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| 22 | 22 | | time and place scheduled for an examination under Subsection (a) or |
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| 23 | 23 | | (f), a fee set by the commissioner in an amount not less than $100, |
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| 24 | 24 | | to the designated doctor or doctor selected by the insurance |
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| 25 | 25 | | carrier, as applicable. |
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| 26 | 26 | | SECTION 2. Subchapter A, Chapter 408, Labor Code, is |
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| 27 | 27 | | amended by adding Section 408.00411 to read as follows: |
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| 28 | 28 | | Sec. 408.00411. ADJUSTMENT OF CERTAIN EXAMINATION FEES AND |
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| 29 | 29 | | EXAMINATION NO-SHOW FEES. (a) Not later than January 31 of each |
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| 30 | 30 | | even-numbered year beginning 2026, the commissioner shall adjust |
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| 31 | 31 | | for inflation in accordance with Subsection (b) the amounts |
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| 32 | 32 | | required to be paid by an insurance carrier: |
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| 33 | 33 | | (1) for a medical examination under Section |
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| 34 | 34 | | 408.0041(a), (f), or (f-2); and |
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| 35 | 35 | | (2) as a fee under Section 408.0041(h)(2) for the |
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| 36 | 36 | | failure or refusal of an employee to appear at the time and place |
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| 37 | 37 | | scheduled for a medical examination to which that subdivision |
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| 38 | 38 | | applies. |
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| 39 | 39 | | (b) The commissioner shall compute the amount of an |
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| 40 | 40 | | adjustment under Subsection (a) based on the percentage increase, |
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| 41 | 41 | | if any, in the Medicare Economic Index for the preceding 24-month |
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| 42 | 42 | | period ending January 1. |
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| 43 | 43 | | (c) An adjustment under this section takes effect beginning |
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| 44 | 44 | | March 1 of the year of the adjustment. |
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| 45 | 45 | | (d) Not later than January 31, 2024, the commissioner shall |
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| 46 | 46 | | adjust for inflation in accordance with this subsection the amounts |
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| 47 | 47 | | required to be paid by an insurance carrier for a medical |
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| 48 | 48 | | examination under Section 408.0041(a), (f), or (f-2). The |
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| 49 | 49 | | commissioner shall compute the amount of the adjustment based on |
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| 50 | 50 | | the percentage increase, if any, in the Medicare Economic Index for |
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| 51 | 51 | | the period beginning on the date that the fee was last set or |
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| 52 | 52 | | adjusted by the commissioner and ending January 1, 2024. This |
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| 53 | 53 | | subsection expires January 1, 2025. |
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| 54 | 54 | | SECTION 3. Not later than January 31, 2024, the |
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| 55 | 55 | | commissioner of workers' compensation shall set the initial amount |
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| 56 | 56 | | of the fee under Section 408.0041(h)(2), Labor Code, as added by |
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| 57 | 57 | | this Act. |
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| 58 | 58 | | SECTION 4. Not later than January 31, 2026, the |
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| 59 | 59 | | commissioner of workers' compensation shall make the initial |
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| 60 | 60 | | adjustment to the fee under Section 408.0041(h)(2), Labor Code, as |
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| 61 | 61 | | added by this Act, in accordance with Section 408.00411, Labor |
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| 62 | 62 | | Code, as added by this Act. |
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| 63 | 63 | | SECTION 5. The changes in law made by this Act to Section |
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| 64 | 64 | | 408.0041, Labor Code, apply only to a medical examination that |
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| 65 | 65 | | occurs or is scheduled to occur, as applicable, on or after March 1, |
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| 66 | 66 | | 2024. A medical examination that occurs or is scheduled to occur, |
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| 67 | 67 | | as applicable, before that date is governed by the law as it existed |
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| 68 | 68 | | immediately before the effective date of this Act, and the former |
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| 69 | 69 | | law is continued in effect for that purpose. |
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| 70 | 70 | | SECTION 6. This Act takes effect September 1, 2023. |
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