Nine New Comp Bills Poised to Take Effect September 1st
September 1, 2019 is the effective date for many of the new laws that were passed in the last legislative session. Several of the bills relate to first responders’ entitlement to benefits. But other issues have also been affected, such as billing from Federal Military Hospitals, work status reports signed by advanced practice registered nurses, and peace officer presumptions.
Here is a rundown of the bills that will take effect on September 1, 2019.
Work Status Reports
HB 387 by Rep. Cortez authorizes a treating doctor to delegate the authority to complete and sign a work status report regarding an injured employee’s ability to return to work to an advanced practice registered nurse who is licensed to practice under Chapter 301 of the Occupations Code. The legislature has previously granted this authority to physician assistants. The delegating treating doctor is responsible for the acts of those physician assistants or advanced practice registered nurses.
HB 387 was signed by the Governor June 10, 2019 and has an effective date of September 1, 2019.
Military Facility Bills
SB 935 by Sen. Hancock concerns the obligation of a workers’ compensation carrier to pay bills from medical facilities that operate as part of the Military Health System of the United States Department of Defense. One example is Brooke Army Medical Center. Federal hospitals have complained that some Texas workers’ compensation insurance carriers have refused or reduced payment for medical services provided to injured employees by federal military treatment facilities, which are then required by law to initiate federal debt collection actions against those employees. The bill seeks to address this issue by providing for the reimbursement of federal military treatment facilities under the workers’ compensation system. The reimbursement rates for medical services provided to an injured employee by a federal military treatment facility must be the amount charged by the facility as determined under Federal law.
The Division is required to pass rules to implement this provision. Those rules must include requirements for processing medical bills for services provided to an injured employee by a federal military treatment facility; and a separate medical dispute resolution process to resolve disputes over charges billed directly to an injured employee by a federal military treatment facility.
CSSB 935 was signed by the Governor June 4, 2019 and will take effect September 1, 2019. The bill states that the new provision applies only to health care services provided on or after January 1, 2020, in conjunction with a claim for workers ’ compensation benefits, regardless of the date on which the compensable injury that is the basis of the claim occurred.
PTSD Claims by First Responders
During the 85th Session, the Legislature adopted specific criteria for to form the basis for a compensable PTSD claim for first responders. This session, HB 2143 amended that section and provides that PTSD suffered by a first responder is a compensable injury under this subtitle only if it is based on a diagnosis that: the disorder is caused by one or more events occurring in the course and scope of the first responder’s employment so long as the event or events is a producing cause of the disorder.
HB 2143 was signed by the Governor June 10, 2019 and has an effective date of September 1, 2019. The bill states that the changes made apply only to a claim for workers ’ compensation benefits based on a compensable injury that occurs on or after the effective date of the bill (September 1, 2019). A claim based on a compensable injury that occurs before that date is governed by the law as it existed on the date the compensable injury occurred, and the former law was continued in effect for that purpose.
Definition of First Responders
HB 1090 by Rep. Bell expands the definition of “first responder” that is found in Texas Government Code § 421.095(1) to include an emergency response operator or emergency services dispatcher who provides communication support services for an agency by responding to requests for assistance in emergencies; and other emergency response personnel employed by an agency.
HB 1090 was signed by the Governor June 10, 2019 and has an effective date of September 1, 2019.
Death Benefit Remarriage Provisions for Peace Officers and Others
Surviving spouses of first responders have been permitted to remarry without losing death benefit entitlement under the Texas Act. HB 2503 by Rep. Kacal extends that eligibility to the surviving spouses of other state employees such as peace officers, parole officers, jailers or guards or other employees described by Section 615.003(1), Government Code, or Section 501.001(5)(F). The new provision applies regardless of the date on which the death of the first responder or other individual occurred.
HB 2503 was signed by the Governor June 10, 2019 and has an effective date of September 1, 2019. The bill states that the new provisions apply only to an eligible spouse who remarries on or after the effective date of the bill (September 1, 2019). An eligible spouse who remarries before that date is governed by the law as it existed immediately before the effective date of this Act, and the former law was continued in effect for that purpose.
Peace Officer Presumptions
Since 2005 firefighters and EMTs have been entitled to claim that certain diseases and injuries are presumed to be related to their work. SB 1582 by Sen. Lucio expands the presumption statute to apply in some cases also to peace officers. The firefighter presumption for certain forms of cancer does not apply to peace officers under this legislation.
SB 1582 was signed by the Governor June 14, 2019 and has an effective date of September 1, 2019. The bill states that the changes made in this amendment apply to a claim for benefits or compensation brought on or after the effective date of the bill (September 1, 2019). A claim for benefits or compensation brought before that date is covered by the law in effect on the date the claim was made, and that law was continued in effect for that purpose.
Frivolous Regulatory Actions
SB 27 by Sen. Hughes. The bill expands the types of cases in which a prevailing party can recover reasonable attorney’s fees and costs incurred in defending against an action asserted by a state agency that has been found to be frivolous. The bill also sets a $1 million cap on the fees, expenses, and reasonable attorneys’ fees that can be awarded in any case involving such actions. The bill takes effect September 1, 2019 and applies only to a claim filed or regulatory action taken on or after that date. A claim filed or regulatory action taken before the effective date of the bill is governed by the law applicable to the claim or regulatory action immediately before the effective date of the bill, and that law was continued in effect for that purpose.
TPCIGA Operations
SB 1063 by Sen. Hancock. The Texas Property and Casualty Insurance Guaranty Association (TPCIGA) is a nonprofit unincorporated legal entity composed of all member insurers. Member insurers have to remain members of TPCIGA as a condition of engaging in the business of insurance in Texas. The bill amends provisions in the Insurance Code governing the authority and operations of TPCIGA, and authorizes the association to recover costs and attorney’s fees incurred in certain enforcement proceedings.
SB 1063 was signed by the Governor May 31, 2019 and takes effect September 1, 2019.
Relativities in Ratemaking
SB 1336 by Sen. Zaffirini. The bill does away with the use of classification relativities in establishing workers’ compensation rates in favor of the loss cost method, which is used in the calculation of the vast majority of workers’ compensation premiums in Texas.
SB 1336 became law without the Governor’s signature and takes effect on September 1, 2019.
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