Bill Text: TX HB3818 | 2021-2022 | 87th Legislature | Engrossed


Bill Title: Relating to payments associated with certain medical examinations under the workers' compensation system; imposing a fee.

Spectrum: Partisan Bill (Republican 1-0)

Status: (Engrossed - Dead) 2021-05-14 - Referred to Business & Commerce [HB3818 Detail]

Download: Texas-2021-HB3818-Engrossed.html
  87R21685 RDS-F
 
  By: Guillen H.B. No. 3818
 
 
 
A BILL TO BE ENTITLED
 
AN ACT
  relating to payments associated with certain medical examinations
  under the workers' compensation system; imposing a fee.
         BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
         SECTION 1.  Section 408.0041(h), Labor Code, is amended to
  read as follows:
         (h)  In accordance with the adjusted payment amounts
  prescribed by the commissioner under Section 408.00411, the [The]
  insurance carrier shall pay [for]:
               (1)  for:
                     (A)  an examination required under Subsection
  (a), (f), or (f-2), unless otherwise prohibited by this subtitle or
  by an order or rule of the commissioner; and
                     (B) [(2)]  the reasonable expenses incident to
  the employee in submitting to the examination; or
               (2)  if an employee fails or refuses to appear at the
  time and place scheduled for an examination under Subsection (a) or
  (f), a fee set by the commissioner in an amount not less than $100,
  to the designated doctor or doctor selected by the insurance
  carrier, as applicable.
         SECTION 2.  Subchapter A, Chapter 408, Labor Code, is
  amended by adding Section 408.00411 to read as follows:
         Sec. 408.00411.  ADJUSTMENT OF CERTAIN EXAMINATION FEES AND
  EXAMINATION NO-SHOW FEES. (a)  Not later than January 31 of each
  even-numbered year beginning 2024, the commissioner shall adjust
  for inflation in accordance with Subsection (b) the amounts
  required to be paid by an insurance carrier:
               (1)  for a medical examination under Section
  408.0041(a), (f), or (f-2); and
               (2)  as a fee under Section 408.0041(h)(2) for the
  failure or refusal of an employee to appear at the time and place
  scheduled for a medical examination to which that subdivision
  applies.
         (b)  The commissioner shall compute the amount of an
  adjustment under Subsection (a) based on the percentage increase,
  if any, in the Medicare Economic Index for the preceding 24-month
  period ending January 1.
         (c)  An adjustment under this section takes effect beginning
  March 1 of the year of the adjustment.
         (d)  Not later than January 31, 2022, the commissioner shall
  adjust for inflation in accordance with this subsection the amounts
  required to be paid by an insurance carrier for a medical
  examination under Section 408.0041(a), (f), or (f-2).  The
  commissioner shall compute the amount of the adjustment based on
  the percentage increase, if any, in the Medicare Economic Index for
  the period beginning on the date that the fee was last set or
  adjusted by the commissioner and ending January 1, 2022.  This
  subsection expires January 1, 2023.
         SECTION 3.  Not later than January 31, 2022, the
  commissioner of workers' compensation shall set the initial amount
  of the fee under Section 408.0041(h)(2), Labor Code, as added by
  this Act.
         SECTION 4.  Not later than January 31, 2024, the
  commissioner of workers' compensation shall make the initial
  adjustment to the fee under Section 408.0041(h)(2), Labor Code, as
  added by this Act, in accordance with Section 408.00411, Labor
  Code, as added by this Act.
         SECTION 5.  The changes in law made by this Act to Section
  408.0041, Labor Code, apply only to a medical examination that
  occurs or is scheduled to occur, as applicable, on or after March 1,
  2022. A medical examination that occurs or is scheduled to occur,
  as applicable, before that date is governed by the law as it existed
  immediately before the effective date of this Act, and the former
  law is continued in effect for that purpose.
         SECTION 6.  This Act takes effect September 1, 2021.
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