Bill Text: TX HB1678 | 2017-2018 | 85th Legislature | Introduced
Bill Title: Relating to privileged communications in workers' compensation insurance claims.
Sponsorship: Partisan Bill (Republican 1)
Status: (Introduced - Dead) 2017-04-10 - Left pending in committee [HB1678 Detail]
Download: Texas-2017-HB1678-Introduced.html
| 85R7640 LED-F | ||
| By: Schofield | H.B. No. 1678 | |
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| relating to privileged communications in workers' compensation | ||
| insurance claims. | ||
| BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: | ||
| SECTION 1. The heading to Subchapter D, Chapter 2051, | ||
| Insurance Code, is amended to read as follows: | ||
| SUBCHAPTER D. DUTIES AND PROHIBITED ACTS; ENFORCEMENT; PRIVILEGED | ||
| COMMUNICATIONS | ||
| SECTION 2. Subchapter D, Chapter 2051, Insurance Code, is | ||
| amended by adding Section 2051.1515 to read as follows: | ||
| Sec. 2051.1515. PRIVILEGED COMMUNICATIONS BY CERTAIN | ||
| INSURANCE COMPANIES AND POLICYHOLDERS. (a) This section applies | ||
| to: | ||
| (1) an insurance company that issues a deductible | ||
| policy under Subchapter E, Chapter 2053; and | ||
| (2) the insurance company's policyholder who | ||
| self-insures for the amount of the deductible under the policy. | ||
| (b) A communication between an insurance company or the | ||
| company's representative and a policyholder or the policyholder's | ||
| representative relating to the investigation, evaluation, or | ||
| resolution of a claim, or resolution of disputes relating to the | ||
| claim, under the policyholder's policy is privileged from | ||
| disclosure. | ||
| (c) A communication described by Subsection (b) may not be | ||
| disclosed unless the insurance company expressly waives the | ||
| privilege established under Subsection (b). | ||
| SECTION 3. 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, 2017. | ||
