Bill Text: TX SB2551 | 2019-2020 | 86th Legislature | Enrolled
Bill Title: Relating to liability, payment, and benefits for certain workers' compensation claims.
Spectrum: Bipartisan Bill
Status: (Passed) 2019-06-10 - Effective immediately [SB2551 Detail]
Download: Texas-2019-SB2551-Enrolled.html
S.B. No. 2551 |
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relating to liability, payment, and benefits for certain workers' | ||
compensation claims. | ||
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: | ||
SECTION 1. Section 607.055, Government Code, is amended to | ||
read as follows: | ||
Sec. 607.055. CANCER. (a) A firefighter or emergency | ||
medical technician who suffers from cancer resulting in death or | ||
total or partial disability is presumed to have developed the | ||
cancer during the course and scope of employment as a firefighter or | ||
emergency medical technician if: | ||
(1) the firefighter or emergency medical technician: | ||
(A) regularly responded on the scene to calls | ||
involving fires or fire fighting; or | ||
(B) regularly responded to an event involving the | ||
documented release of radiation or a known or suspected carcinogen | ||
while the person was employed as a firefighter or emergency medical | ||
technician; and | ||
(2) the cancer is [ |
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(b) This section applies only to: | ||
(1) cancer that originates at the stomach, colon, | ||
rectum, skin, prostate, testis, or brain; | ||
(2) non-Hodgkin's lymphoma; | ||
(3) multiple myeloma; | ||
(4) malignant melanoma; and | ||
(5) renal cell carcinoma [ |
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SECTION 2. Section 607.058, Government Code, is amended to | ||
read as follows: | ||
Sec. 607.058. PRESUMPTION REBUTTABLE. (a) A presumption | ||
under Section 607.053, 607.054, 607.055, or 607.056 may be rebutted | ||
through a showing by a preponderance of the evidence that a risk | ||
factor, accident, hazard, or other cause not associated with the | ||
individual's service as a firefighter or emergency medical | ||
technician was a substantial factor in bringing about [ |
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individual's disease or illness, without which the disease or | ||
illness would not have occurred. | ||
(b) A rebuttal offered under this section must include a | ||
statement by the person offering the rebuttal that describes, in | ||
detail, the evidence that the person reviewed before making the | ||
determination that a cause not associated with the individual's | ||
service as a firefighter or emergency medical technician was a | ||
substantial factor in bringing about [ |
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disease or illness, without which the disease or illness would not | ||
have occurred. | ||
(c) In addressing an argument based on a rebuttal offered | ||
under this section, an administrative law judge shall make findings | ||
of fact and conclusions of law that consider whether a qualified | ||
expert, relying on evidence-based medicine, stated the opinion | ||
that, based on reasonable medical probability, an identified risk | ||
factor, accident, hazard, or other cause not associated with the | ||
individual's service as a firefighter or emergency medical | ||
technician was a substantial factor in bringing about the | ||
individual's disease or illness, without which the disease or | ||
illness would not have occurred. | ||
SECTION 3. Section 409.021, Labor Code, is amended by | ||
adding Subsection (a-3) to read as follows: | ||
(a-3) An insurance carrier is not required to comply with | ||
Subsection (a) if the claim results from an employee's disability | ||
or death for which a presumption is claimed to be applicable under | ||
Subchapter B, Chapter 607, Government Code, and, not later than the | ||
15th day after the date on which the insurance carrier received | ||
written notice of the injury, the insurance carrier has provided | ||
the employee and the division with a notice that describes all steps | ||
taken by the insurance carrier to investigate the injury before the | ||
notice was given and the evidence the carrier reasonably believes | ||
is necessary to complete its investigation of the compensability of | ||
the injury. The commissioner shall adopt rules as necessary to | ||
implement this subsection. | ||
SECTION 4. Section 409.022, Labor Code, is amended by | ||
adding Subsection (d-1) to read as follows: | ||
(d-1) An insurance carrier has not committed an | ||
administrative violation under Section 409.021 if the carrier has | ||
sent notice to the employee as required by Subsection (d) of this | ||
section or Section 409.021(a-3). | ||
SECTION 5. Section 415.021, Labor Code, is amended by | ||
adding Subsection (c-2) to read as follows: | ||
(c-2) In determining whether to assess an administrative | ||
penalty involving a claim in which the insurance carrier provided | ||
notice under Section 409.021(a-3), the commissioner shall consider | ||
whether: | ||
(1) the employee cooperated with the insurance | ||
carrier's investigation of the claim; | ||
(2) the employee timely authorized access to the | ||
applicable medical records before the insurance carrier's deadline | ||
to: | ||
(A) begin payment of benefits; or | ||
(B) notify the division and the employee of the | ||
insurance carrier's refusal to pay benefits; and | ||
(3) the insurance carrier conducted an investigation | ||
of the claim, applied the statutory presumptions under Subchapter | ||
B, Chapter 607, Government Code, and expedited medical benefits | ||
under Section 504.055. | ||
SECTION 6. Section 504.053(e), Labor Code, is amended to | ||
read as follows: | ||
(e) Nothing in this chapter waives sovereign immunity or | ||
creates a new cause of action, except that a political subdivision | ||
that self-insures either individually or collectively is liable | ||
for: | ||
(1) sanctions, administrative penalties, and other | ||
remedies authorized under Chapter 415; | ||
(2) attorney's fees as provided by Section 408.221(c); | ||
and | ||
(3) attorney's fees as provided by Section 417.003. | ||
SECTION 7. Subchapter D, Chapter 504, Labor Code, is | ||
amended by adding Section 504.074 to read as follows: | ||
Sec. 504.074. SELF-INSURANCE ACCOUNT FOR DEATH BENEFITS AND | ||
LIFETIME INCOME BENEFITS. (a) A pool or a political subdivision | ||
that self-insures may establish an account for the payment of death | ||
benefits and lifetime income benefits under Chapter 408. | ||
(b) An account established under this section may | ||
accumulate assets in an amount that the pool or political | ||
subdivision, in its sole discretion, determines is necessary in | ||
order to pay death benefits and lifetime income benefits. The | ||
establishment of an account under this section or the amount of | ||
assets accumulated in the account does not affect the liability of a | ||
pool or political subdivision for the payment of death benefits and | ||
lifetime income benefits. | ||
(c) Chapter 2256, Government Code, does not apply to the | ||
investment of assets in an account established under this section. | ||
A pool or political subdivision investing or reinvesting the assets | ||
of an account shall discharge its duties solely in the interest of | ||
current and future beneficiaries: | ||
(1) for the exclusive purposes of: | ||
(A) providing death benefits and lifetime income | ||
benefits to current and future beneficiaries; and | ||
(B) defraying reasonable expenses of | ||
administering the account; | ||
(2) with the care, skill, prudence, and diligence | ||
under the prevailing circumstances that a prudent person acting in | ||
a like capacity and familiar with matters of the type would use in | ||
the conduct of an enterprise with a like character and like aims; | ||
(3) by diversifying the investments of the account to | ||
minimize the risk of large losses, unless under the circumstances | ||
it is clearly prudent not to do so; and | ||
(4) in accordance with the documents and instruments | ||
governing the account to the extent that the documents and | ||
instruments are consistent with this section. | ||
(d) In choosing and contracting for professional investment | ||
management services for an account established under this section | ||
and in continuing the use of an investment manager, the pool or | ||
political subdivision must act prudently and in the interest of the | ||
current and future beneficiaries of the account. | ||
SECTION 8. Sections 607.055 and 607.058, Government Code, | ||
as amended by this Act, apply only to a claim for workers' | ||
compensation benefits filed on or after the effective date of this | ||
Act. A claim filed before that date is governed by the law as it | ||
existed on the date the claim was filed, and the former law is | ||
continued in effect for that purpose. | ||
SECTION 9. The commissioner of workers' compensation shall | ||
adopt rules as required by or necessary to implement this Act not | ||
later than January 1, 2020. | ||
SECTION 10. (a) Section 504.053(e)(1), Labor Code, as | ||
added by this Act, applies only to an administrative violation that | ||
occurs on or after the effective date of this Act. An | ||
administrative violation that occurs before the effective date of | ||
this Act is governed by the law applicable to the violation | ||
immediately before the effective date of this Act, and that law is | ||
continued in effect for that purpose. | ||
(b) Section 504.053(e)(2), Labor Code, as added by this Act, | ||
applies only to a claim for workers' compensation benefits filed on | ||
or after the effective date of this Act. A claim filed before the | ||
effective date of this Act is governed by the law in effect on the | ||
date the claim was filed, and the former law is continued in effect | ||
for that purpose. | ||
SECTION 11. This Act takes effect immediately if it | ||
receives a vote of two-thirds of all the members elected to each | ||
house, as provided by Section 39, Article III, Texas Constitution. | ||
If this Act does not receive the vote necessary for immediate | ||
effect, this Act takes effect September 1, 2019. | ||
______________________________ | ______________________________ | |
President of the Senate | Speaker of the House | |
I hereby certify that S.B. No. 2551 passed the Senate on | ||
May 7, 2019, by the following vote: Yeas 30, Nays 1; | ||
May 23, 2019, Senate refused to concur in House amendments and | ||
requested appointment of Conference Committee; May 23, 2019, House | ||
granted request of the Senate; May 26, 2019, Senate adopted | ||
Conference Committee Report by the following vote: Yeas 30, | ||
Nays 1. | ||
______________________________ | ||
Secretary of the Senate | ||
I hereby certify that S.B. No. 2551 passed the House, with | ||
amendments, on May 21, 2019, by the following vote: Yeas 142, | ||
Nays 2, three present not voting; May 23, 2019, House granted | ||
request of the Senate for appointment of Conference Committee; | ||
May 26, 2019, House adopted Conference Committee Report by the | ||
following vote: Yeas 140, Nays 0, two present not voting. | ||
______________________________ | ||
Chief Clerk of the House | ||
Approved: | ||
______________________________ | ||
Date | ||
______________________________ | ||
Governor |