Regulatory Compliance
Texas
CorVel helps reduce workers’ compensation costs through immediate intervention, claims management, medical treatment plans, return to work programs, medical bill review, preferred provider savings and patient management. Our cost containment solutions are based on a simple formula that combines industry leading bill review, case management expertise and a national PPO built for the casualty market. Each innovation offers Texas employers improved return to work outcomes and industry leading savings.
CorVel specializes in applying advanced communication and information technology to improve disability management for Texas employers. Our proprietary solutions can be tailored to your specific state risk management program.
If you are an employer impacted by these legislative changes, contact your local CorVel representative or email texas@corvel.com.
Texas Regulatory Updates 12/29/2024
HB 480 – Relating to Required Provision of Workers’ Compensation Insurance Coverage For Employees of Building and Construction Contractors and Subcontractors
Issues: Worker’s Compensation (General)
Summary For 11/14/2024
The measure states a contractor must provide workers’ compensation insurance coverage for each employee of the contractor. Additionally, a subcontractor must provide workers’ compensation insurance coverage for each employee of the subcontractor. The measure states a governmental entity that enters into a building or construction contract must require the contractor to certify in writing that the contractor provides workers’ compensation insurance coverage for each employee of the contractor employed on the public project and if the contractor uses a subcontractor on the public project, provide a written certificate, submitted by each subcontractor, that the subcontractor provides workers’ compensation insurance coverage for each employee of the subcontractor employed on the public project.
The measure states a contractor or subcontractor may provide workers’ compensation insurance coverage through a group plan, an owner-controlled consolidated insurance program or another method. The measure states if the contractor enters into a contract with a governmental entity for a public project, the coverage provided by the contractor and by each subcontractor must be satisfactory to the governing body of the governmental entity. This measure takes effect on September 1, 2025.
Most Recent Update:
11/12/2024 This measure has been prefiled for the 2025 legislative session, which is expected to convene on January 14, 2025.This measure is eligible to be assigned to a committee for further consideration.
HB 875 – Relating to Workers’ Compensation Insurance Coverage and Bid Bonding Requirements For Small Municipal Construction Projects.
Issues: Worker’s Compensation (General)
Summary For 11/14/2024
The measure states for a construction project contracted for an amount that is less than one percent of the total amount of a municipality’s most recently adopted budget, the municipality is not required to ensure that the contractor is covered by workers’ compensation insurance coverage or require the contractor to obtain a performance bond. A municipality may not aggregate work from more than one project. This measure takes effect on September 1, 2025.
Most Recent Update:
11/12/2024 – This measure has been prefiled for the 2025 legislative session, which is expected to convene on January 14, 2025.This measure is eligible to be assigned to a committee for further consideration.
SB 338 – Relating to Required Provision of Workers’ Compensation Insurance Coverage For Employees of Building and Construction Contractors and Subcontractors.
Issues: Worker’s Compensation (General)
Summary For 11/14/2024
The measure states a contractor must provide workers’ compensation insurance coverage for each employee of the contractor. Additionally, a subcontractor must provide workers’ compensation insurance coverage for each employee of the subcontractor. The measure states a governmental entity that enters into a building or construction contract must require the contractor to certify in writing that the contractor provides workers’ compensation insurance coverage for each employee of the contractor employed on the public project and if the contractor uses a subcontractor on the public project, provide a written certificate, submitted by each subcontractor, that the subcontractor provides workers’ compensation insurance coverage for each employee of the subcontractor employed on the public project.
The measure states a contractor or subcontractor may provide workers’ compensation insurance coverage through a group plan, an owner-controlled consolidated insurance program or another method. The measure states if the contractor enters into a contract with a governmental entity for a public project, the coverage provided by the contractor and by each subcontractor must be satisfactory to the governing body of the governmental entity. This measure takes effect on September 1, 2025.
Most Recent Update:
11/13/2024 This measure has been prefiled for the 2025 legislative session, which is expected to convene on January 14, 2025.This measure is eligible to be assigned to a committee for further consideration. This measure is similar to HB 480.
HB 823 – Relating to the Recovery of Exemplary Damages Based on a Compensable Death Under the Texas Workers’ Compensation Act.
Issues: Worker’s Compensation (General)
Summary For 11/15/2024
This measure does not prohibit the recovery of exemplary damages by a surviving spouse, children, parents of, or the estate of a deceased employee whose death was caused by the employer’s action, omission, or negligence. This measure goes into effect on January 1, 2026, only if the amendment allowing exemplary damage recovery by parents or the individual’s estate from homicide is approved by voters.
Most Recent Update:
11/12/2024 – This measure has been prefiled for the 2025 legislative session, which is expected to convene on January 14, 2025.This measure is eligible to be assigned to a committee for further consideration.
HB 1066 – Relating to Conducting Certain Medical Examinations Using Telehealth Services and Telemedicine Medical Services Under the Workers’ Compensation System.
Issues: Worker’s Compensation (General)
Summary For 11/19/2024
This measure allows an employee’s treating doctor or another doctor authority by the division to certify maximum medical improvement or assign an impairment rating using telehealth if:
- the examination is of a musculoskeletal injury or diagnosis involving:
- the hand or upper extremities;
- the foot, including toes and heel; or
- the spine and musculoskeletal structures of the torso.
- The commissioner determines there is good cause to conduct the examination using telehealth.
A healthcare professional must be physically present in the room with an employee during a telehealth examination to assist in the examination or administering testing. This does not apply if the doctor:
- has determined that the employee is not a maximum medical improvement;
- has certified maximum medical improvement during an examination and concluded there was no possibility of impairment.
The Commissioner has rulemaking authority to implement this measure. This measure goes into effect on January 1, 2026.
Most Recent Update:
11/12/2024 This measure has been prefiled for the 2025 legislative session, which is expected to convene on January 14, 2025.This measure is eligible to be assigned to a committee for further consideration.
SB 220 – Relating to an Employer’s Civil Liability Under the Texas Workers’ Compensation Act For Injuries Sustained By Certain Victims of Sexual Assault or Abuse.
Issues: Worker’s Compensation (General)
Summary For 11/18/2024
Under this measure, an employee who is the victim of sexual assault or abuse may bring a cause of action against the employer if:
- The employee is an individual with an intellectual or developmental disability; and
- The employee’s injuries arose from the employer’s negligence
This measure will take effect on September 1, 2025.
Most Recent Update:
11/18/2024 – This measure has been prefiled for the 2025 legislative session, which is expected to convene on January 14, 2025.This measure is eligible to be assigned to a committee for further consideration.
HB 1292 – Relating to a Cost-Of-Living Increase Applicable to Death Benefits Paid Under the Workers’ Compensation System.
Issues: Worker’s Compensation (General)
Summary For 11/20/2024
This measure requires death benefits to be adjusted for inflation annually.
- By November 1 of each year, the Commissioner must adjust the rate for the following calendar to equal the percentage increase in the CPI-W that provides cost-of-living adjustments for social security benefits payable by January of the following year.
- By Janaury 1 of each year, insurance carriers must recompute the death benefit amount paid by applying the adjustment computed above.
This measure goes into effect September 1, 2025.
Most Recent Update:
11/20/2024 This measure has been prefiled for the 2025 legislative session, which is expected to convene on January 14, 2025.This measure is eligible to be assigned to a committee for further consideration.
SB 264 – Relating to Discontinuing Group Self-Insurance Coverage and Dissolving the Texas Self-Insurance Group Guaranty Fund and Trust Fund Under the Texas Workers’ Compensation Act.
Issues: Worker’s Compensation (General)
Summary For 11/20/2024
This measure requires the board to submit a revised plan to wind down and dissolve the guaranty fund and trust fund to the commissioner for approval.
- This measure outlines the requirement for the plan, and action steps once the plan is approved to abolish the fund.
This measure goes into effect on September 1, 2025.
Most Recent Update:
11/20/2024 – This measure has been prefiled for the 2025 legislative session, which is expected to convene on January 14, 2025.This measure is eligible to be assigned to a committee for further consideration.
Texas Regulatory Updates 4/20/2023
SB 1352 – Relating to the Recovery of Exemplary Damages Based on a Compensable Death Under the Texas Workers’ Compensation Act.
Issues: Worker’s Compensation (General)
Summary:
This measure allows the estate of a deceased employee to recover exemplary damages under the Workers’ Compensation Act. This measure takes effect September 1, 2023.
Most Recent Update:
3/07/2023 This measure has been introduced. This measure awaits referral to a committee.
HB 3370 – Relating to Authorizing Certain Physical Therapists to Serve As a Treating Doctor Under the Workers’ Compensation System.
Issues: Worker’s Compensation (General)
Summary:
This measure allows a physical therapist to serve as a treating doctor under the workers’ compensation system without referral from another provider.
It takes effect September 1, 2023.
Most Recent Update:
3/27/2023 – This measure has been scheduled for a hearing on March 27 in the House Business & Industry Committee, chaired by Representative Oscar Longoria (D). The hearing will be open to the public and testimony may be submitted online. A vote may occur at the discretion of the Chair. A live video broadcast of this hearing will be available here: https://house.texas.gov/video-audio/ For those persons who will be testifying, information for in-person witness registration can be found here: https://mytxlegis.capitol.texas.gov/HWRSPublic/About.aspx
Texas residents who wish to electronically submit comments related to agenda items on this notice without testifying in person can do so until the hearing is adjourned by visiting https://comments.house.texas.gov/home
HB 3406 – Relating to Workers’ Compensation Insurance Coverage and Bid Bonding Requirements For Small Municipal Construction Projects.
Issues: Worker’s Compensation (General)
Summary:
This measure exempts small municipal construction contracts (worth less than 1% of the adopted budget) from workers’ compensation and performance bond requirements.
Most Recent Update:
3/03/2023 This measure has been introduced. This measure awaits referral to a committee.
SB 1793 – Relating to Payments Associated With Certain Medical Examinations Under the Workers’ Compensation System; Imposing a Fee.
Issues: Worker’s Compensation (General)
Summary:
This measure provides workers’ compensation coverage for educators experiencing a psychological, psychiatric, or stress-related change as a result of workplace conditions, excluding good faith discipline. This includes a diagnosis of post-traumatic stress disorder within 3 years of employment as an educator. Educator includes teachers at public and private schools. It takes effect September 1, 2023.
Most Recent Update:
3/07/2023 -This measure has been introduced. This measure awaits referral to a committee.
HB 3977 – Relating to an Employer’s Civil Liability Under the Texas Workers’ Compensation Act For Injuries Sustained By a Victim of Sexual Assault.
Issues: Worker’s Compensation (General)
Summary:
This measure creates an exemption under the workers’ compensation exclusive remedy clause, and allows an employee to sue an employer for damages from a sexual assault if the employee’s injuries arose from the employer’s negligence. It takes effect September 1, 2023.
Most Recent Update:
3/07/2023 – This measure has been introduced. This measure awaits referral to a committee.
HB 4524 – Relating to Conducting Certain Medical Examinations Using Telemedicine Under the Workers’ Compensation System.
Issues: Worker’s Compensation (General)
Summary:
This measure allows telehealth services with a remote doctor to be used for a workers’ compensation medical examination conducted to certify maximum medical improvement or assign an impairment rating. It requires a health care professional to be present in the room for the examination unless the doctor certified maximum medical improvement or concluded no possibility of impairment. It takes effect September 1, 2023.
Most Recent Update:
3/09/2023 -This measure has been introduced. This measure awaits referral to a committee.
HB 4389 – Relating to the Funding Mechanism For the Regulation of Workers’ Compensation and Workers’ Compensation Insurance; Authorizing Surcharges.
Issues: Worker’s Compensation (General)
Summary:
This measure renames the workers’ compensation maintenance tax assessment to a surcharge, and allows insurers to recoup that surcharge as an expense. It takes effect January 1, 2024.
Most Recent Update:
3/09/2023 -This measure has been introduced. This measure awaits referral to a committee.
HB 4556 – Relating to the Determination of Whether a Person Is Intoxicated For Purposes of the Texas Workers’ Compensation Act.
Issues: Worker’s Compensation (General)
Summary:
This measure clarifies that the presence of an intoxicating substance shown in an analysis of blood, urine, or any other autopsy collected bodily fluid creates a rebuttable presumption of intoxication. It may be rebutted only by credible and objective evidence that the person was not intoxicated. It takes effect September 1, 2023.
Most Recent Update:
3/17/2023 – This measure has been introduced. This measure awaits referral to a committee.
SB 2121 – Relating to Property Owner Liability For Personal Injury Claims Arising from Insurance Restoration Projects In Which a Contractor or Subcontractor Does Not Maintain Workers’ Compensation Insurance Coverage.
Issues: Worker’s Compensation (General)
Summary:
Under this measure, a property owner is not liable for personal injury or death to a contractor, subcontractor, or employee of a contractor or subcontractor arising from work on an insurance restoration project if the contractor or subcontractor does not maintain workers’ compensation insurance coverage under Chapter 406, Labor Code.
Most Recent Update:
3/09/2023 This measure has been introduced. This measure awaits referral to a committee.
SB 2174 – Relating to Conducting Certain Medical Examinations Using Telemedicine Under the Workers’ Compensation System.
Issues: Worker’s Compensation (General)
Summary:
This measure authorizes the use of telehealth for workers’ compensation medical examinations conducted to certify maximum medical improvement or assign an impairment rating. It further states the healthcare professional need not be physically present in the room for the examination if a doctor certified maximum medical improvement during the examination or the doctor concluded there was no possibility of impairment. It takes effect September 1, 2023.
Most Recent Update:
3/09/2023 -This measure was filed. This measure awaits referral to a committee.
HB 4859 – Relating to Discontinuing Group Self-Insurance Coverage and Dissolving the Texas Self-Insurance Group Guaranty Fund and Trust Fund Under the Texas Workers’ Compensation Act.
Issues: Worker’s Compensation (General)
Summary:
This measure prohibits new certificates of approval for workers’ compensation self-insurance coverage. It also provides for the repeal and winding down of the Texas self-insurance group guaranty fund and trust fund. It takes effect September 1, 2023.
Most Recent Update:
3/10/2023 – This measure has been introduced. This measure awaits referral to a committee.
HB 4239 – Relating to Property Owner Liability For Personal Injury Claims Arising from Insurance Restoration Projects In Which a Contractor or Subcontractor Does Not Maintain Workers’ Compensation Insurance Coverage.
Issues: Worker’s Compensation (General)
Summary:
Under this measure, a property owner is not liable for personal injury or death to a contractor, subcontractor, or employee of a contractor or subcontractor arising from work on an insurance restoration project if the contractor or subcontractor does not maintain workers’ compensation insurance coverage under Chapter 406, Labor Code.
Most Recent Update:
3/29/2023 –
This measure has been scheduled for a hearing on March 29 in the House Judiciary & Civil Jurisprudence Committee. The hearing will be open to the public and testimony may be submitted online. A vote may occur at the discretion of the Chair. A live video broadcast of this hearing will be available here: https://house.texas.gov/video-audio/ For those persons who will be testifying, information for in-person witness registration can be found here: https://mytxlegis.capitol.texas.gov/HWRSPublic/About.aspx Texas residents who wish to electronically submit comments related to agenda items on this notice without testifying in person can do so until the hearing is adjourned by visiting https://comments.house.texas.gov/home
SB 2269 – Relating to Discontinuing Group Self-Insurance Coverage and Dissolving the Texas Self-Insurance Group Guaranty Fund and Trust Fund Under the Texas Workers’ Compensation Act.
Issues: Worker’s Compensation (General)
Summary:
This measure prohibits new certificates of approval for workers’ compensation self-insurance coverage. It also provides for the repeal and winding down of the Texas self-insurance group guaranty fund and trust fund. It takes effect September 1, 2023.
Most Recent Update:
3/10/2023 -This measure has been introduced. This measure awaits referral to a committee.
Texas Clearinghouse Services
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Learn more about CorVel’s comprehensive suite of workers’ compensation solutions, or you can contact a local representative for additional information.
Texas Closed Formulary
The Texas Department of Insurance requires that all network and non-network workers’ compensation claims with dates of injury effective September 1, 2011 and legacy claims prior to September 1, 2011 must transition to closed formulary by September 1, 2013.
We are here to help.
Learn more about CorVel’s comprehensive suite of workers’ compensation solutions, or you can contact a local representative for additional information.
Texas Health Care Network (HCN)
CorVel’s Texas HCN Network offers access to top quality providers statewide through our online provider directory. This directory allows you to build a customized list of providers based on specific geographic locations and/or physician specialties. CorVel’s Texas HCN offers medical discounts to participating employers in addition to defined utilization reviews and return to work guidelines.
Effective January 1, 2011 (House Bill 473), legislation removed the option for Texas Department of Insurance (TDI) subscribers to use voluntary and informal networks and only allows the use of Texas Certified Health Care Networks or Medical Fee Guideline reductions.
We are here to help.
CorVel’s Texas Certified Network is a fully certified HCN under Texas regulations. Learn more about CorVel’s comprehensive suite of workers’ compensation solutions, or you can contact a local representative for additional information.
CorVel offers proactive claims administration and managed care services for Texas Non Subscribers. Our associates have extensive experience with non subscriber claims in addition to ERISA plans, OSHA and Medicare compliance. Our advanced technology and proprietary platform, helps us reduce claims costs and improve return to work outcomes.
With proprietary services and a strong industry reputation evidenced by multiple carrier partnerships and our relationship with alternative workers’ compensation industry leaders, CorVel provides a comprehensive solution for Texas Employers.
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Prompt and full investigations begin within 4 hours
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