DWC Announces Proposed Rules on Designated Doctor Procedures and Lifetime Income Benefits to Implement House Bill 2468

On May 31, 2024, Kara Mace, DWC general counsel, announced  that DWC has proposed amendments to Chapter 127, Designated Doctor Procedures and Requirements and Chapter 131, Benefits–Lifetime Income Benefits. The amendments and new sections implement House Bill (HB) 2468, 88th Legislature, Regular Session (2023), which amended Texas Labor Code Section 408.0041 and enacted Labor Code Section 408.1615.

DWC posted informal working drafts in October 2023 for comment and considered the comments when drafting these proposals.

The proposals:

      • Add a reference to Labor Code Section 408.1615 to 28 TAC Section 127.1(d), which states that DWC will deny a request for a designated doctor (DD) examination if it violates certain statutes.
      • Allow for the suspension of lifetime income benefits received under Labor Code Section 408.1615 and for the reinstatement of those benefits after completing a missed DD examination.
      • Add definitions for first responders receiving benefits under new Section 408.1615.
      • Create procedures for a first responder’s annual certification to the insurance carrier required under Section 408.1615, for the suspension and reinstatement of lifetime income benefits under Section 408.1615, and for the dispute of the first responder’s continuing entitlement to lifetime income benefits under Section 408.1615.
      • Contain editorial and formatting changes throughout to improve clarity.

The proposed rules were published in the May 31, 2024, issue of the Texas Register and are available at www.sos.state.tx.us/texreg/index.shtml. A copy of the proposed rules and forms have also been posted to the DWC website: www.tdi.texas.gov/wc/rules/2024rules.html.

DWC will hold a public hearing on the proposed rules at 10 a.m., Central time, on June 25, 2024.

You may submit written comments on the proposed rule to RuleComments@tdi.texas.gov, or mail or deliver your comments to:

Legal Services, MC-LS
Texas Department of Insurance, Division of Workers’ Compensation
P.O. Box 12050
Austin, Texas 78711-2050

The deadline to submit comments is 5 p.m., Central time, on July 1, 2024.