Comp Bills Begin to Move Through Legislature

On the Texas Legislative front, two bills have passed the Texas Senate and are headed to House committees, while several bills relating to workers’ compensation have emerged from committee.

The Senate passed SB 934 on a record vote on March 27, 2019. The bill, 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.

The Senate also unanimously passed SB 935 on March 27, 2019. The bill proposes to amend the Labor Code to change workers’ compensation payment practices with respect to medical bills presented for services provided by federal military treatment facilities. The bill has a House companion HB 2207 by Rep. Shine. These bills provide that the provisions of the Health Care Network Act (Chapter 1305 of the Texas Insurance Code) as well as a laundry list of payment and reimbursement provisions in the Texas Workers’ Compensation Act do not apply to health care delivered by a federal military treatment facility. Instead, federal reimbursement rates apply. The Department of Defense is authorized to collect “reasonable charges” from third party payers for the cost of inpatient and ambulatory (outpatient) institutional services and also for pharmaceuticals, DME, supplies, immunizations, injections or medication administered or provided at a federal military treatment facility to military retirees, all dependents, and other eligible beneficiaries who have private health insurance. The rates for reimbursement are determined under 32 C.F.R. Part 220. The bill also requires DWC to adopt rules necessary to establish a separate medical dispute resolution process to resolve disputes over charges billed directly to an injured employee by a federal military treatment facility.

Three House Bills have emerged from the Business and Industry Committee on March 26, 2019.

HB 359 by Rep. Moody, would place restrictions on cities and counties from firing compensably injured first responders before they reach MMI or until a doctor says that the employee cannot return to work.

HB 387 by Rep. Cortez, also passed from committee. This bill would authorize an advanced practice registered nurse to sign work status reports (DWC-73s) under the direction of a physician.

HB 741 by Rep. Yvonne Davis also passed from the B&I Committee. This bill would require OIEC to inform injured workers about their rights to choose a treating doctor, including a chiropractor.

All 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.