| 1 | 1 | | 89R607 KKR-D |
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| 2 | 2 | | By: Middleton S.B. No. 454 |
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| 3 | 3 | | |
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| 4 | 4 | | |
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| 5 | 5 | | |
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| 6 | 6 | | |
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| 7 | 7 | | A BILL TO BE ENTITLED |
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| 8 | 8 | | AN ACT |
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| 9 | 9 | | relating to the eligibility of a firefighter or emergency medical |
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| 10 | 10 | | technician for workers' compensation benefits for infertility. |
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| 11 | 11 | | BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
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| 12 | 12 | | SECTION 1. Subchapter A, Chapter 408, Labor Code, is |
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| 13 | 13 | | amended by adding Section 408.009 to read as follows: |
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| 14 | 14 | | Sec. 408.009. PRESUMPTION OF COMPENSABILITY OF INFERTILITY |
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| 15 | 15 | | FOR FIREFIGHTERS AND EMERGENCY MEDICAL TECHNICIANS. (a) In this |
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| 16 | 16 | | section: |
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| 17 | 17 | | (1) "Firefighter" and "emergency medical technician" |
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| 18 | 18 | | have the meanings assigned by Section 607.051, Government Code. |
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| 19 | 19 | | (2) "Infertility" means a disease of the male or |
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| 20 | 20 | | female reproductive system defined by the failure to achieve a |
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| 21 | 21 | | pregnancy after at least 12 months of regular unprotected sexual |
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| 22 | 22 | | intercourse. |
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| 23 | 23 | | (b) A firefighter or emergency medical technician who |
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| 24 | 24 | | suffers from infertility is presumed to have developed infertility |
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| 25 | 25 | | during the course and scope of employment as a firefighter or |
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| 26 | 26 | | emergency medical technician if the firefighter or emergency |
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| 27 | 27 | | medical technician: |
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| 28 | 28 | | (1) regularly responded on the scene to calls |
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| 29 | 29 | | involving fires or firefighting; or |
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| 30 | 30 | | (2) regularly responded to events involving the |
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| 31 | 31 | | documented release of radiation or a known or suspected carcinogen |
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| 32 | 32 | | while the person was employed as a firefighter or emergency medical |
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| 33 | 33 | | technician. |
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| 34 | 34 | | SECTION 2. Section 409.021(a-3), Labor Code, is amended to |
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| 35 | 35 | | read as follows: |
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| 36 | 36 | | (a-3) An insurance carrier is not required to comply with |
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| 37 | 37 | | Subsection (a) if the claim results from an employee's disability |
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| 38 | 38 | | or death for which a presumption is claimed to be applicable under |
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| 39 | 39 | | Section 408.009 of this code or Subchapter B, Chapter 607, |
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| 40 | 40 | | Government Code, and, not later than the 15th day after the date on |
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| 41 | 41 | | which the insurance carrier received written notice of the injury, |
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| 42 | 42 | | the insurance carrier has provided the employee and the division |
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| 43 | 43 | | with a notice that describes all steps taken by the insurance |
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| 44 | 44 | | carrier to investigate the injury before the notice was given and |
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| 45 | 45 | | the evidence the carrier reasonably believes is necessary to |
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| 46 | 46 | | complete its investigation of the compensability of the |
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| 47 | 47 | | injury. The commissioner shall adopt rules as necessary to |
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| 48 | 48 | | implement this subsection. |
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| 49 | 49 | | SECTION 3. Section 415.021(c-2), Labor Code, is amended to |
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| 50 | 50 | | read as follows: |
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| 51 | 51 | | (c-2) In determining whether to assess an administrative |
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| 52 | 52 | | penalty involving a claim in which the insurance carrier provided |
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| 53 | 53 | | notice under Section 409.021(a-3), the commissioner shall consider |
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| 54 | 54 | | whether: |
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| 55 | 55 | | (1) the employee cooperated with the insurance |
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| 56 | 56 | | carrier's investigation of the claim; |
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| 57 | 57 | | (2) the employee timely authorized access to the |
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| 58 | 58 | | applicable medical records before the insurance carrier's deadline |
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| 59 | 59 | | to: |
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| 60 | 60 | | (A) begin payment of benefits; or |
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| 61 | 61 | | (B) notify the division and the employee of the |
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| 62 | 62 | | insurance carrier's refusal to pay benefits; and |
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| 63 | 63 | | (3) the insurance carrier conducted an investigation |
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| 64 | 64 | | of the claim, applied the statutory presumptions under Section |
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| 65 | 65 | | 408.009 of this code or Subchapter B, Chapter 607, Government Code, |
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| 66 | 66 | | and expedited medical benefits under Section 504.055. |
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| 67 | 67 | | SECTION 4. Section 408.009, Labor Code, as added by this |
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| 68 | 68 | | Act, applies only to a claim for workers' compensation benefits |
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| 69 | 69 | | filed on or after the effective date of this Act. A claim filed |
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| 70 | 70 | | before that date is governed by the law as it existed on the date the |
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| 71 | 71 | | claim was filed, and the former law is continued in effect for that |
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| 72 | 72 | | purpose. |
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| 73 | 73 | | SECTION 5. This Act takes effect immediately if it receives |
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| 74 | 74 | | a vote of two-thirds of all the members elected to each house, as |
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| 75 | 75 | | provided by Section 39, Article III, Texas Constitution. If this |
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| 76 | 76 | | Act does not receive the vote necessary for immediate effect, this |
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| 77 | 77 | | Act takes effect September 1, 2025. |
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