Another Four Pending Legislative Bills Pertinent to WC
FOL is closely monitoring all pending legislation currently on file. This is the next in a series of FOLIO articles discussing some of those pending bills.
It is important to remember that, until a bill is signed into law by Gov. Abbott, it is not effective. None of the following bills have been enacted at this point.
HB 778 (Rep. Walle). Relating to required provision of workers’ compensation insurance coverage for employees of building and construction contractors and subcontractors. Amends Labor Code 406.096 to require WC coverage by contractors for its employees and by subcontractors for its employees. Bill does not limit requirement to governmental public projects.
HB 790 (Rep. Patterson). Relating to certain claims for benefits, compensation, or assistance by certain public safety employees and survivors of certain public safety employees. Requires initial DD exam to address extent of injury. Requires Carrier Notice of Dispute to include “the specific reasons why Carrier is contesting the claim, including any disputes in the cause of the injury or the treatment of the injury.” Creates a waiver of extent of injury issue for conditions “reasonably reflected in a review of the injured worker’s medical records.” Add videoconference attendance at CCHs for parties, witnesses, and attorneys upon a showing of good cause.
HB 1240 (Rep. Oliverson). Relating to the authority of a physician to provide and dispense and to delegate authority to provide and dispense certain drugs. Allows pharmacy-type services directly by doctors in limited situations, primarily rural areas.
HB 1702 (Rep. Collier). Relating to unfair settlement practices with respect to workers’ compensation insurance claims. Adds “this section applies to a claim by an insured or beneficiary under an insurance policy for workers’ compensation insurance” to Insurance Code Section 541.060. This is aimed at overturning one of the holdings of Texas Mutual. Ins. Co. v Ruttinger, 381 SW3d 430 (Tex. 2012), by reviving a cause of action for certain unfair settlement practices under Section 541.060.
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