State Legislation

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.

As a service to our clients, CorVel is providing links to information related to the COVID-19 pandemic provided by the states.

Texas released the Commissioner’s Bulletin #B-0012-20 and Commissioner’s Bulletin #B-0019-20 in response to the COVID-19 outbreak.

 

Legislature Status: Not in session in 2020; Senate interim committees postponed.

• Texas Department of Health Services coronavirus resource page.
• April 14, 2020 – The Governor announced $38 million in federal COVID-19 emergency funding for local governments in Texas.
• April 13, 2020 – The Governor announced his intention to “slowly and strategically” reopen parts of the state’s economy.
• April 13, 2020 – The Governor announced that several companies are partnering to provide $50 million in loans to small businesses in Texas that have been affected by COVID-19 as part of the Goldman Sachs 10,000 Small Businesses program. These loans, made through the U.S. Small Business Administration’s (SBA) Paycheck Protection Program (PPP), will primarily be used for payroll so that employees can continue to receive paychecks and small businesses can retain their employees and will be partially or wholly forgiven.
• April 12, 2020 – The Governor issued a proclamation extending the state’s disaster declaration.
• April 11, 2020 – The Governor waived regulations on physicians-in-training (PIT) permit holders to increase health care capacity to fight coronavirus in the state.

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 Regulatory Updates 3/6/2023

HB 1839 – Relating to Medical Causation Narrative Reports Created Under the Texas Workers’ Compensation Act.

Issues: Worker’s Compensation (General)

Summary:

This measure requires employers to cover the cost of a medical causation narrative report from a treating doctor when an employee disputes a plain language notice from an employer/insurer. This measure takes effect September 1, 2023.

Most Recent Update:

2/12/2023 This measure has been introduced. This measure awaits referral to a committee.

HB 2314 – Relating to Filing Death Benefits Claims Under the Workers’ Compensation System.

Issues: Worker’s Compensation (General)

Summary:

This measure allows individuals to file for workers’ compensation death benefits with the insurer directly. The insurer must keep a record and inform the state of the claim. It takes effect September 1, 2023 unless passed by 2/3 of each chamber.

Most Recent Update:

2/23/2023 This measure has been introduced. This measure awaits referral to a committee.

HB 2461 – Relating to the Workers’ Compensation Group Self-Insurance Guaranty Fund.

Issues: Worker’s Compensation (General)

Summary:

This measure dissolves the workers’ compensation group self-insurance guaranty fund. It prohibits the issuance of certificates to new groups. It requires a plan to wind down the obligations of the fund. It takes effect September 1, 2023, with a completed winddown plan due by December 1, 2023.

Most Recent Update:

2/17/2023 This measure has been filed for the 2023 legislative session. This measure awaits formal introduction and committee referral.

HB 2468 – Relating to the Eligibility of an Injured Employee For Lifetime Income Benefits Under the Workers’ Compensation System.

Issues: Worker’s Compensation (General)

Summary:

This measure provides for lifetime workers’ compensation benefits in the case of a permanent major neurocognitive disorder or a psychotic disorder, as well as third degree burns covering both feet; one hand and one foot; or one hand or foot and the face. It takes effect September 1, 2023.

Most Recent Update:

2/17/2023 -This measure has been filed for the 2023 legislative session. This measure awaits formal introduction and committee referral. Additional Outlook: This bill has a companion, SB 1033, under consideration in the Senate.

SB 1033 – Relating to the Eligibility of an Injured Employee For Lifetime Income Benefits Under the Workers’ Compensation System.

Issues: Worker’s Compensation (General)

Summary:

This measure provides for lifetime workers’ compensation benefits in the case of a permanent major neurocognitive disorder or a psychotic disorder, as well as third degree burns covering both feet; one hand and one foot; or one hand or foot and the face. It takes effect September 1, 2023

Most Recent Update:

2/17/2023 – This measure has been introduced. This measure awaits referral to a committee.  Additional Outlook: This bill has a companion in HB 2468.

SB 1122 – Relating to the Exclusion of Certain Medical Services Performed to Determine an Appropriate Level of Workers’ Compensation Benefits from Sales and Use Taxes.

Issues: Worker’s Compensation (General)

Summary:

This measure excludes workers’ compensation examinations from being taxed as insurance services. It takes effect September 1, 2023.

Most Recent Update:

2/23/2023 -This measure has been introduced. This measure awaits referral to a committee.

HB 2702 – 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 does not list an effective date.

Most Recent Update:

2/23/2023 -This measure has been introduced. This measure awaits referral to a committee.

Texas Regulatory Updates 2/7/2023

HB 1702 – Relating to Unfair Settlement Practices With Respect to Workers’ Compensation Insurance Claims.

Issues: Worker’s Compensation (General)

Summary:

This measure includes workers’ compensation claims as protected under the unfair settlements section of the insurance code. It takes effect September 1, 2023.

Most Recent Update:

1/26/2023 This measure has been introduced. This measure awaits referral to a committee.

Texas Regulatory Updates 7/12/2021

HB 3042 – Relating to the Adoption and Review of Certain Workers’ Compensation Guidelines, Protocols, and Formulary.

Issues: Workers’ Compensation (Prescription Drug Formulary), Workers’ Compensation (General)

Summary:

This measure allows the Commissioner of Workers’ Compensation to amend or replace, by rule, treatment guidelines return-to-work guidelines or individual treatment protocols, or the prescription drug formulary to ensure compliance with the requirements of this Act. See Updated 6/3/2021 for full summary.

Most Recent Update:

5/31/2021 The Texas Legislature adjourned sine die on May 31. This measure is ineligible for further  consideration.

HB 3149 – Relating to Drug Testing and Prescription Drug Policies and Certain Legal Protections For Employees and Independent Contractors of State Agencies and Political Subdivisions and For Other Persons Regarding the Medical Use of Low-Thc Cannabis and Hemp.

Issues: Workers’ Compensation (Medical Marijuana)

Summary:

This bill prohibits drug testing by state entities for canniboids or punishing employees or students for usage of low-THC products and provides damages and relief for violation of this section. See Update 6/3/2021 for full summary.

Most Recent Update:

5/31/2021 The Texas Legislature adjourned sine die on May 31. This measure is ineligible for further consideration.

HB 3517 – Relating to the Eligibility of Certain Physicians to Provide and Receive Remuneration For Workers’ Compensation Health Care Services.

Issues: Workers’ Compensation (Medical Coverage and Reimbursement), Workers’ Compensation (General)

Summary:

This bill enables Texas Workers’ Compensation Commission to reinstate doctors to its reimbursement list once again. See Updat 6/3/2021 for fully summary.

Most Recent Update:

5/31/2021 The Texas Legislature adjourned sine die on May 31. This measure is ineligible for further  consideration.

HB 3623 – Relating to the Eligibility of Certain Health Care Providers For Workers’ Compensation Benefits For Post-Traumatic Stress Disorder Arising from Events In the Course of Employment During a Public Health Disaster.

Issues: Workers’ Compensation (Medical Coverage and Reimbursement), Workers’ Compensation (General)

Summary:

This proposed new legislation amends Subchapter A, Chapter 408, which is the Labor Code under Texas law, creates eligibility for certain health care providers for workers’ compensation benefits for post-traumatic stress disorder arising from events in the course of employment during a public health disaster. See Update 6/3/2021 for full summary.

Most Recent Update:

5/31/2021 The Texas Legislature adjourned sine die on May 31. This measure is ineligible for further consideration.

HB 4469 – Relating to the Provision of Workers’ Compensation Insurance and Group Accident and Health Insurance Together In a Packaged Plan.

Issues: Workers’ Compensation (Medical Coverage and Reimbursement), Workers’ Compensation (General)

Summary:

This measure relates to workers’ compensation insurance and group accident and health insurance together in a packaged plan. See Update 6/3/2021 for full summary.

Most Recent Update:

5/31/2021 The Texas Legislature adjourned sine die on May 31. This measure is ineligible for further consideration.

SB 1852 – Relating to the Eligibility of Certain Physicians to Provide and Receive Remuneration For Workers’ Compensation Health Care Services.

Issues: Workers’ Compensation (Medical Coverage and Reimbursement), Workers’ Compensation (General)

Summary:

This measure relates to the eligibility of certain physicians to provide and receive remuneration for workers’ compensation health care services. See Update 6/3/2021 for full summary.

Most Recent Update:

5/31/2021 The Texas Legislature adjourned sine die on May 31. This measure is ineligible for further consideration.

SB 433 – Relating to the Eligibility of Nurses For Workers’ Compensation Benefits For Coronavirus Disease (Covid-19) and Payment of Those Benefits.

Issues: Workers’ Compensation (Medical Coverage and Reimbursement), Workers’ Compensation (General)

Summary:

This measure amends statute relating to the eligibility of nurses for workers’ compensation benefits for
coronavirus disease (COVID-19) and payment of those benefits. See Update 6/3/2021 for full summary.

Most Recent Update:

5/31/2021 The Texas Legislature adjourned sine die on May 31. This measure is ineligible for further consideration.

SB 439 – Relating to the Eligibility of Nurses For Workers’ Compensation Benefits For Coronavirus Disease (Covid-19) and Payment of Those Benefits.

Issues: Workers’ Compensation (Medical Coverage and Reimbursement), Workers’ Compensation (General)

Summary:

This measure creates a new section of Texas Code that establishes a presumption of compensability of
COVID-19 for nurses. See Update 4/2/2021 for full summary.

Most Recent Update:

5/31/2021 The Texas Legislature adjourned sine die on May 31. This measure is ineligible for further consideration.

Texas Regulatory Updates 6/3/2021

HB 3042 – Relating to the Adoption and Review of Certain Workers’ Compensation Guidelines, Protocols, and Formulary.

Issues: Workers’ Compensation (Prescription Drug Formulary), Workers’ Compensation (General)

Summary:

This measure allows the Commissioner of Workers’ Compensation to amend or replace, by rule, treatment guidelines return-to-work guidelines or individual treatment protocols, or the prescription drug formulary to ensure compliance with the requirements of this Act. The Commissioner is to contract with an independent entity to conduct a comparative evaluation of the state’s treatment guidelines, return-to-work guidelines, and individual treatment protocols and formulary. Based on the results of the evaluation the Commissioner is to amend any pertinent rules. This measure is effective September 1, 2021.

Most Recent Update:

4/26/2021 This measure was passed by the House Business and Industry Committee, chaired by Representative Turner (D). This measure may be considered by the whole House.

HB 3149 – Relating to Drug Testing and Prescription Drug Policies and Certain Legal Protections For Employees and Independent Contractors of State Agencies and Political Subdivisions and For Other Persons Regarding the Medical Use of Low-Thc Cannabis and Hemp.

Issues: Workers’ Compensation (Medical Marijuana)

Summary:

This bill prohibits drug testing by state entities for canniboids or punishing employees or students for usage of low-THC products and provides damages and relief for violation of this section. This bill amends Title 6 Subtitle A of the Government code by adding Chapter 620. This bill prohibits state agencies and political subdivisions from establishing a drug testing policy for canniboids as a condition of employment or prohibit an employee or contractor from receiving a prescription for low-THC cannabis or using a  consumable hemp product, nor may such agencies or political subdivisions inquire into the use of such products. This bill provides compensatory damages, declaratory or injunctive or other appropriate relief for violations or threatened violations of this section and waives immunity. This bill prohibits prosecution or arrest or denial of privileges or punishment by a state licensing board or suspension or expulsion from school for using or prescribing low-THC products and prohibits child abuse, neglect, or endangerment through use of these products, provided that such usage does not in itself constitute any of these. This bill prohibits seizure of products related to low-THC cannabis or denial of parental rights for use of low-THC products. This bill is effective September 1, 2021.

Most Recent Update:

3/8/2021 This measure was introduced and referred to the House State Affairs Committee. This measure may be considered at the chair’s discretion.

HB 3818 – Relating to Payments Associated With Certain Medical Examinations Under the Workers’ Compensation System; Imposing a Fee.

Issues: Workers’ Compensation (Medical Coverage and Reimbursement), Workers’ Compensation (General)

Summary:

This bill requires that insurance companies set a determined fee when an employee fails to appear for a scheduled examination under this section and requires the commissioner adjust this fee every even-numbered year. This bill amends Section 408.0041(h) of the Labor Code to require that the insurance carrier pay a fee of not less than 100 dollars to the doctor if an employee fails or refuses to appear to a scheduled examination. This bill amends Section 408.00411 of the Labor Code. This bill requires that before January 31st of even-numbered years the commissioner must adjust for inflation for medical examinations or as a fee for failure to show by an employee and compute the adjustment based on the consumer price index, to be effective March 1st of that year. This bill is effective September 1, 2021.

Most Recent Update:

5/31/2021 The Texas Legislature adjourned sine die on May 31. This measure is ineligible for further consideration.

HB 3517 – Relating to the Eligibility of Certain Physicians to Provide and Receive Remuneration For Workers’ Compensation Health Care Services.

Issues: Workers’ Compensation (Medical Coverage and Reimbursement), Workers’ Compensation (General)

Summary:

This bill enables Texas Workers’ Compensation Commission to reinstate doctors to its reimbursement list once again. This bill enables Texas Workers’ Compensation Commission to add doctors to its approved list for reimbursement at any time, which was previously time limited only to doctors that had been reinstated before 2007. It takes effect September 1, 2021.

Most Recent Update:

3/22/2021 This measure has been introduced and referred to the Senate Business and Commerce Committee, chaired by Senator Hancock (R). This measure is eligible to be scheduled for a hearing at the discretion of the chair.

HB 3623 – Relating to the Eligibility of Certain Health Care Providers For Workers’ Compensation Benefits For Post-Traumatic Stress Disorder Arising from Events In the Course of Employment During a Public Health Disaster.

Issues: Workers’ Compensation (Medical Coverage and Reimbursement), Workers’ Compensation (General)

Summary:

This proposed new legislation amends Subchapter A, Chapter 408, which is the Labor Code under Texas law, creates eligibility for certain health care providers for workers’ compensation benefits for post-traumatic stress disorder arising from events in the course of employment during a public health disaster. This proposed new legislation amends Subchapter A, Chapter 408, which is the Labor Code under Texas law, creates eligibility for certain health care providers for workers’ compensation benefits for post-traumatic stress disorder arising from events in the course of employment during a public health disaster. “Post-traumatic stress disorder” means a disorder that meets the diagnostic criteria for post-traumatic stress disorder specified by the American Psychiatric Association in the Diagnostic and Statistical Manual of Mental Disorders, fifth edition, or a later edition adopted by the commissioner of workers’ compensation.

Under the proposed legislation, eligibility is created as follows: post-traumatic stress disorder suffered by a health care provider is a compensable injury under this subtitle only if it is based on a diagnosis that: (1) the disorder is caused by one or more events occurring in the course and scope of the health care provider’s employment during a public health disaster; and (2) the preponderance of the evidence indicates that the event or events were a producing cause of the disorder. The date of injury for post-traumatic stress disorder suffered by a health care provider is the date on which the health care provider first knew or should have known that the disorder may be related to the health care provider’s employment. The compensable injury has to occur on or after the date the bill is passed. There are no new enforcement measures or requirements for promulgation of rules or regulations.

Most Recent Update:

3/10/2021 This measure was introduced and referred to the House Business and Industry Committee. This measure may be considered at the chair’s discretion.

Texas Regulatory Updates 5/5/2021

HB 4469 – Relating to the Provision of Workers’ Compensation Insurance and Group Accident and Health Insurance Together In a Packaged Plan.

Issues: Workers’ Compensation (Medical Coverage and Reimbursement), Workers’ Compensation (General)

Summary:

This measure relates to workers’ compensation insurance and group accident and health insurance together in a packaged plan. This measure establishes that a workers’ compensation insurance company may contract with an accident and health insurance company to offer a workers’ compensation insurance policy and a group accident and health insurance policy together in a packaged plan. The packaged plan must cover medical examinations required under Subchapter A, Chapter 408, Labor Code.

Most Recent Update:

4/13/2021 This measure was heard on April 13 in the House Insurance Committee, chaired by Representative Oliverson (R). A vote may occur at the discretion of the Chair.

Texas Regulatory Updates 4/2/2021

HB 4469 – Relating to the Provision of Workers’ Compensation Insurance and Group Accident and Health Insurance Together In a Packaged Plan.

Issues: Workers’ Compensation (Medical Coverage and Reimbursement), Workers’ Compensation (General)

Summary:

This measure relates to workers’ compensation insurance and group accident and health insurance together in a packaged plan. This measure establishes that a workers’ compensation insurance company may contract with an accident and health insurance company to offer a workers’ compensation insurance policy and a group accident and health insurance policy together in a packaged plan. The packaged plan must cover medical examinations required under Subchapter A, Chapter 408, Labor Code.

Most Recent Update:

3/29/2021 This measure was introduced and referred to the House Committee on Insurance, chaired by Representative Oliverson (R). This measure is eligible to be scheduled for a hearing at the discretion of the chair.

SB 1852 – Relating to the Eligibility of Certain Physicians to Provide and Receive Remuneration For Workers’ Compensation Health Care Services.

Issues: Workers’ Compensation (Medical Coverage and Reimbursement), Workers’ Compensation (General)

Summary:

This measure relates to the eligibility of certain physicians to provide and receive remuneration for workers’ compensation health care services. This measure establishes that there may be no direct or indirect receipt of remuneration by a doctor who has not been reinstated or restored by the Texas Workers’ Compensation Commission to the list of approved doctors or the workers’ compensation system.

Most Recent Update:

3/26/2021 This measure was introduced and referred to the Senate Committee on Business & Commerce, chaired by Senator Hancock (R). This measure is eligible to be scheduled for a hearing at the discretion of the chair.

SB 433 – Relating to the Eligibility of Nurses For Workers’ Compensation Benefits For Coronavirus Disease (Covid-19) and Payment of Those Benefits.

Issues: Workers’ Compensation (Medical Coverage and Reimbursement), Workers’ Compensation (General)

Summary:

This measure amends statute relating to the eligibility of nurses for workers’ compensation benefits for
coronavirus disease (COVID-19) and payment of those benefits. This measure is applicable to nurses. This measure provides that a nurse who suffers from COVID-19 on or after February 1, 2021 during the course and scope of employment has the presumption of compensability. This measure takes effect September 1. 2021.

Most Recent Update:

3/9/2021 This measure has been referred to the Senate Business and Commerce Committee, chaired by Senator Hancock (R). The sponsor is not a committee member. The measure may be considered at the chair’s discretion.

SB 439 – Relating to the Eligibility of Nurses For Workers’ Compensation Benefits For Coronavirus Disease (Covid-19) and Payment of Those Benefits.

Issues: Workers’ Compensation (Medical Coverage and Reimbursement), Workers’ Compensation (General)

Summary:

This measure creates a new section of Texas Code that establishes a presumption of compensability of
COVID-19 for nurses. This measure is applicable to nurses in Texas. This measure provides that a nurse who contracts COVID-19 on or after February 1, 2020, that results in death or disability is presumed to have contracted the disease during the course and scope of employment if the nurse:
1. Is assigned to treat a patient with COVID-19 or is assigned to duties that require the nurse to come in contact with a patient with COVID-19;
2. Contracts COVID-19 during the patient’s admission to the facility. If this measure receives a 2/3 vote in each chamber, it will take immediate effect. Otherwise, it will take effect on September 1, 2021.

Most Recent Update:

3/9/2021 This measure has been referred to the Senate Business and Commerce Committee, chaired by Senator Hancock (R). The sponsor is not a committee member. The measure may be considered at the chair’s discretion.

Texas Regulatory Updates 07/02/2019

Telemedicine Emergency Rule

Texas Medical Board FAQ Regarding Telemedicine During COVID-19 Pandemic

Texas Department of Insurance Telemedicine Emergency Rule

Telehealth/Telemedicine Emergency Rule Extension

TDI is extending emergency rule 28 TAC Section 35.1, which requires insurers cover telemedicine services, including mental health visits, at the same rate as in-person visits.  The emergency rule was in response to the COVID-19 pandemic, took effect on March 17th, and was set to expire on July 14th.  There can be one 60 day extension to an emergency so the rule will remain in effect until September 12th.  See notice from TDI below.  In an effort to ensure we are maintaining compliance with statutory and regulatory requirements I’ve attached the emergency rules and a couple of FAQs for your review.  We’ve had several instances of issues with medical billing, reimbursement based on the TX fee schedule, documentation of services and scope of practice.  Let me know if anyone has questions or concerns that need to be addressed.  Thanks

TDI extends telemedicine emergency rule into September

The Texas Department of Insurance (TDI) is extending a requirement that insurers cover telemedicine services, including mental health visits, at the same rate as in-person visits. An emergency rule in place since March helps doctors across Texas treat their patients and limit the spread of COVID-19.  “This extension will help protect patients and our state’s health-care professionals while maintaining access to care,” said Insurance Commissioner Kent Sullivan.  Under the emergency rule, state-regulated health insurers and health maintenance organizations must:

• Pay in-network health professionals at least the same rate for telemedicine services as for in-person services, including covered mental health services.
• Cover telemedicine services using any platform permitted by state law.
• Not require more documentation for telemedicine services than they require for in-person services.

In March, Governor Greg Abbott suspended a law limiting coverage for medical services and consultations provided by phone. The suspension remains in place and means insurers must pay for covered visits or consultations provided over the phone.  The original emergency rule took effect March 17 and was set to expire July 14. With the extension, the rule will remain in effect through September 12.  State-regulated plans, including those purchased through Healthcare.gov, cover about 15% of the Texas market. The insurance cards for state-regulated plans have either “DOI” (for department of insurance) or “TDI” (Texas Department of Insurance) printed on them.

Texas Regulatory Updates 06/03/2019

HB 741 – An act relating to the notice of rights provided to an injured employee under the Texas workers’ compensation system.

Issues: Special Request, Workers’ Compensation (Direction Of Care), Workers’ Compensation (General)

Summary:

This measure requires certain notifications be given to injured employees.

This measure requires the public counsel to inform an injured employee that the employee has the right to choose a treating doctor, including a doctor of medicine, osteopathic medicine, optometry, dentistry, podiatry, or chiropractic who is licensed and authorized to practice.

Most Recent Update: This measure failed upon adjournment on May 27, 2019. This measure will not receive further consideration and is not eligible to be carried over.

HB 3826 – AN ACT relating to authorizing the possession, use, cultivation, distribution, transportation, and delivery of medical cannabis for medical use in lieu of an opioid by patients with acute or chronic pain and the licensing of medical cannabis dispensing organizations; authorizing fees.

Issues: Workers’ Compensation (Medical Marijuana)

Summary:

This measure addresses the delivery of medical cannabis for medical use in lieu of an opioid by patients with acute or chronic pain and the licensing of medical cannabis dispensing organizations.

This measure stipulates prescriber, other than a veterinarian, who issues a prescription for an opioid for acute or chronic pain, on issuance of the initial prescription and on issuance of the second prescription for the same substance, shall discuss with the patient and, if the patient is a minor, the patient ’s parent, conservator, or guardian, or other person authorized to consent to the minor ’s medical treatment:

(1) The risk of addiction associated with the drug prescribed, including any risk of developing a physical or psychological dependence on the drug;

(2) The risk of taking the drug in a dosage greater than the dosage prescribed;

(3) The danger of taking the drug with benzodiazepines, alcohol, or other central nervous system depressants; and the availability of medical cannabis, and any other alternative drugs or treatments available for the acute or chronic pain.

This measure stipulates a physician may recommend medical use of marijuana for a patient with acute or chronic pain.

Most Recent Update: This measure failed upon adjournment of the Texas legislature on May 27. This measure is not eligible for further consideration. Texas does not carryover bills from session to session.

HB 4300 – AN ACT relating to a settlement for the payment of certain medical benefits under the Texas Workers ’ Compensation Act

Issues: Workers’ Compensation (General), Workers’ Compensation (Medical Coverage And Reimbursement)

Summary:

This measure provides exceptions to when an employee’s right to medical benefits under workers’ compensation may be limited or terminated.

Specifically, parties may reach a settlement of medical benefits if:

(1) The injured employee enters into a workers ’ compensation Medicare set-aside arrangement;

(2) The arrangement described by is approved by the federal Centers for Medicare and Medicaid Services, if the proposed amount of the settlement is eligible for review by that agency; and

(3) The settlement provides for oversight of the arrangement by a corporate trustee or other professional administrator; and a reversionary interest on the employee ’s death allowing the unexpended funds to be shared by the injured employee ’s beneficiary and the payor.

The Commissioner of Insurance may not find that a settlement of medical benefits is in the best interest of the injured employee unless the settlement is overseen by a corporate trustee or other professional administrator.

Most Recent Update: This measure failed upon adjournment of the Texas legislature on May 27. This measure is not eligible for further consideration. Texas does not carryover bills from session to session.

 

Texas Resources

Texas Compensation Website

Texas Government Website