Texas WC Commissioner Issues COVID-19 Bulletin

Texas Workers’ Compensation Commissioner Cassie Brown has posted Bulletin No. B-0010-20 addressing the Division’s expectations regarding stakeholder operations during the duration of Governor Greg Abbott’s COVID-19 declaration of a statewide public health disaster. In addition, the Agency will conduct a teleconference for system stakeholders on Monday, March 30, 2020 at 1:30 p.m.

Commissioner’s COVID-19 Bulletin

The Commissioner’s Bulletin addresses three subjects and provides stakeholder-specific contact information at the Division. The subjects discussed in the Bulletin include Division expectations for insurance carrier operations during the disaster period, status of Division-ordered medical exams at this time, and tolling of medical bill submission deadlines by health care providers.

The Bulletin provides no indication that carrier payment or adjustment deadlines have been relaxed. In fact, the Commissioner states that processing and delivering indemnity benefits and medical payments in a timely manner “must continue or begin.”

In addition, the Bulletin does not indicate whether DWC will make any changes in the Performance Based Oversight (PBO) evaluation, which began January 1, 2020 and runs through June 30, 2020. Those reviews of medical bill processing and initial payment performance by insurance carriers form the basis for the biennial carrier report cards expected to be issued in December of this year.

Finally, the Bulletin fails to clarify whether the Division believes that COVID-19 claims qualify as presumption claims for first responders under chapter 607 of the Texas Government Code.

The Commissioner does state that the Agency “will take into account the challenges system participants are facing when considering enforcement actions.” A list of stakeholder-specific points of contact can be found at the end of the Bulletin. Further agency guidance may be issued in the coming days.

Agency Teleconference Call

On Monday, March 30, 2020, at 1:30, the Division will hold a teleconference call with workers’ compensation insurance carriers to provide an update on steps that the Agency has taken to address COVID-19. This will include an update on current DWC operations, dispute proceedings, and a discussion of recent commissioner actions.

There will also be an opportunity to ask questions and provide input. Questions can be submitted in advance to DWCExternalRelations@tdi.texas.gov.

3/30 Call information:
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https://TDI-Texas.zoom.us/j/940242115
Meeting ID: 940 242 115

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+19294362866
Meeting ID: 940242115#

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Meeting ID: 940 242 115#

We will monitor the Division’s meeting and provide any needed guidance to our clients following its conclusion.