The 2019 Texas Legislature: Ten Bills to Watch this Session
The Texas Legislature has passed the deadline for the unrestricted filing of proposed legislation. As of March 14, 2019, we are monitoring 32 bills (and their companions) that have been filed and that would affect the Texas workers’ compensation system. We want to draw to your attention to ten important bills that are currently on file and pending before the Texas Legislature. We are following these bills closely.
HB 460 by Rep. Shaheen would authorize physicians to dispense dangerous drugs out of their offices. The bill would also remove a current provision that prohibits a physician from operating a retail pharmacy.
HB1005 by Rep. Collier would require carriers to pay for one causation narrative report for every extent of injury dispute (PLN-11) filed on an injured workers’ claim. The bill is a part of the legislative wish list recommended by the Office of Injured Employee Counsel.
HB 1305 by Rep. Meza provides for an annual cost of living increase for death benefits “as necessary to reflect inflation.” Unlike COLAs on LIBs, the bill does not specify a specific percentage for that increase.
HB 1680 by Rep. Paddie would delay the sunset review process of the Division of Workers’ Compensation and the Office of Injured Employee Counsel from 2021 to 2023. SB 1035 by Sen. Perry is a companion bill with very similar language.
HB 2207 by Rep. Shine relates to reimbursement for medical care rendered at a federal military treatment facility. The bill provides that the rates payable for care in such facilities must be equal to the rates at which a third-party payer is required to reimburse a treatment facility for the same services as determined under federal law. The bill specifically provides that the provisions of the Healthcare Network Act (Chapter 1305 of the Insurance Code) do not apply to the reimbursement of a federal military treatment facility’s charges for medical services provided to an injured employee. SB 935 by Sen. Hancock is a companion bill.
HB 2387 by Speaker Bonnen makes a number of changes to the section of the Insurance Code that regulates utilization review of healthcare. The proposed language targets the requirement that (1) the URA be licensed in Texas and that (2) the URA have a same or similar specialty. Some of the new language appears to have already been covered by parts of TEX. LABOR CODE ANN. §§ 408.0043, 408.0044, 408.0045, parts of Chapter 413 as well as Rule 180.22(g). SB 1187 by Sen. Buckingham is a companion bill.
HB 3537 by Rep. Shine proposes changes to the definition of intoxication in the Act. The new definition would broaden language relating to the use of abusable glues or aerosol paints by substituting the term “abusable volatile chemical” in its place. More critically, the bill would require that a blood test or urinalysis be taken no later than four hours following an injury in order to invoke the presumption of intoxication.
HB 3676 by Rep. Capriglione would redefine two types of injuries for which an employee may qualify for lifetime income benefits (LIBs). The bill proposes to replace language entitling an employee to LIBs if the employee suffers a brain injury resulting in incurable insanity or imbecility with language entitling that employee to LIBs if he sustains a physically traumatic injury to the brain resulting in permanent cognitive deficits that: (A) render the employee permanently unemployable without significant accommodations; or (B) affect the non-vocational quality of the employee ’s life so as to eliminate the employee ’s ability to engage in a range of usual cognitive processes. The bill would also enlarge recovery for employees who sustain third degree burns covering the majority of both fee or one hand and one foot, or one hand or foot and the face. Finally, the bill proposes a completely separate definition of LIBs entitlement for first responders. This definition would require the payment of LIBs to first responders who sustain “permanent and total disability as determined by the Bureau of Justice Assistance of the United States Department of Justice under the Public Safety Officers ’ Benefits Act of 1976 (34 U.S.C. Section 10281 et seq.).” SB 2181 by Sen. Nelson is a companion bill.
HB 4300 by Rep. Murphy would permit parties to “settle” an employee’s right to medical benefits under certain circumstances. Such settlements would only be permitted where (1) the injured employee enters into a workers ’ compensation Medicare set-aside arrangement; (2) the MSA arrangement (1) is approved by the CMS, if the proposed amount of the settlement is eligible for review by that CMS; and (3) the settlement provides for: (A) oversight of the MSA arrangement (1) by a corporate trustee or other professional administrator; and (B) a reversionary interest on the employee ’s death allowing the unexpended funds to be shared by the injured employee ’s beneficiary and the payor.
SB 9346 by Sen. Hancock proposes to extend the time for filing suit for judicial review of an appeals panel decision from 45 days to 60 days. The bill has the support of the Office of Injured Employee Counsel.
None of these bills has emerged from a committee, which is the first step toward passage in the House or the Senate. Bills must pass both the House and the Senate and avoid a gubernatorial veto in order to become law. The last day of session is May 29, 2019.
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