DWC Sets October Deadline for Rulemaking Initiatives
The Division of Workers’ Compensation is accepting public comments on proposed revisions to a rule relating to BRC requests. The agency is also soliciting public input on proposed rulemaking leading up to the 2023 legislative session. The deadline for both initiatives is October 22, 2021.
The Division has published a proposed rule to amend Rule 141.1 to conform the methods of conducting a benefit review conference with Texas Labor Code §410.005. The Legislature amended §410.005 under House Bill 1752, which became effective June 4, 2021.
The proposed changes would amend 28 TAC §141.1(j) to:
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- add videoconference as a way DWC can conduct a BRC; and
- provide that DWC will hold a BRC in person if a requesting party shows DWC good cause for conducting the BRC in person.
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The proposed BRC rule will be published in the September 17, 2021, issue of the Texas Register and will be available at www.sos.state.tx.us/texreg/index.shtml once published. The Division has also posted a copy of the proposed rule at www.tdi.texas.gov/wc/rules/2021rules.html.
The Division is also asking for input from stakeholders on rule amendments DWC should consider during the interim. Parties who have questions regarding this request are encouraged to contact Jeff Nelson, Director of External Relations, at 512-804-4405 or Jeff.Nelson@tdi.texas.gov.
Interested parties may submit written comments regarding the proposed BRC rule or regarding DWC’s general rulemaking plans to RuleComments@tdi.texas.gov. The Division has created a template for general rulemaking comments, which can be found here. Stakeholders may also or mail comments to:
Texas Department of Insurance, Division of Workers’ Compensation
Legal Services, MC-LS
7551 Metro Center Drive, Suite 100
Austin, Texas 78744-1645
System stakeholders should submit their comments on either matter by 5 p.m., Central time, on Friday, October 22, 2021.
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