DWC Proposes Amended DD Rule (Again)
The Division of Workers’ Compensation is accepting comments for a second time on an informal working draft of amendments to Rule 127.5, regarding scheduling designated doctor appointments.
The informal working draft is available here and the comment period closes on November 15, 2017 at 5 p.m. Central time. This section is part of a larger rule project, but the division is only requesting comments on §127.5 at this time. The informal working draft is not a formal rule proposal and comments received will not be treated as formal public comments for the purposes of the Administrative Procedure Act. There will be an opportunity to formally comment once the rule is proposed and published in the Texas Register. Informal comments may be submitted by email to InformalRuleComments@tdi.texas.gov or by mail or delivery to:
Texas Department of Insurance, Division of Workers’ Compensation
Maria Jimenez Workers’ Compensation Counsel
MS – 4D 7551 Metro Center Drive, Suite 100
Austin, Texas 78744 -1645
On August 18, 2017, TDI-DWC began accepting comments on an informal working draft of amendments to 28 TAC §§127.1, 127.5, 127.10, 127.100, 127.110, 127.130, 127.140, and 127.220. The Division received many comments that were critical of the proposed rule, primarily from the chiropractic community.
In response to comments, TDI-DWC made significant changes to Rule 127.5, regarding scheduling designated doctor appointments, and would like to give system participants another opportunity to submit comments on that specific section.
The Division has announced that the purpose of the proposed amendments to the Chapter 127 rules is to simplify certain DD processes, retain and recruit doctors to continue to ensure the most optimally qualified doctor is selected for an examination, provide transparency, and allow for better monitoring of designated doctors.

