Bill Text: TX HB2089 | 2011-2012 | 82nd Legislature | Enrolled
Bill Title: Relating to the resolution of overpayment or underpayment of income benefits under the workers' compensation program.
Spectrum: Partisan Bill (Republican 2-0)
Status: (Passed) 2011-06-17 - Effective on 9/1/11 [HB2089 Detail]
Download: Texas-2011-HB2089-Enrolled.html
| H.B. No. 2089 | ||
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| relating to the resolution of overpayment or underpayment of income | ||
| benefits under the workers' compensation program. | ||
| BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: | ||
| SECTION 1. Section 408.081(a), Labor Code, is amended to | ||
| read as follows: | ||
| (a) An employee is entitled to timely and accurate income | ||
| benefits as provided in this chapter. | ||
| SECTION 2. Subchapter E, Chapter 408, Labor Code, is | ||
| amended by adding Section 408.0815 to read as follows: | ||
| Sec. 408.0815. RESOLUTION OF OVERPAYMENT OR UNDERPAYMENT OF | ||
| INCOME BENEFITS. (a) The commissioner by rule shall establish a | ||
| procedure by which an insurance carrier: | ||
| (1) may recoup an overpayment of income benefits from | ||
| future income benefit payments that are not reimbursable under | ||
| Section 410.209; and | ||
| (2) shall pay an underpayment of income benefits, | ||
| including interest on accrued but unpaid benefits, in accordance | ||
| with this subtitle. | ||
| (b) The procedure under Subsection (a) must include: | ||
| (1) a process by which an injured employee may notify | ||
| the insurance carrier of an underpayment; | ||
| (2) the time frame and methodology by which an | ||
| insurance carrier shall pay to an injured employee an underpayment; | ||
| (3) a process by which an insurance carrier shall | ||
| notify an injured employee of an overpayment of income benefits; | ||
| (4) the time frame and methodology by which an | ||
| insurance carrier may recoup an overpayment through the reduction | ||
| of a future income benefit payment; and | ||
| (5) a method for coordinating overpayments that may be | ||
| recouped from future income benefits and reimbursements described | ||
| by Section 410.209. | ||
| (c) The procedure for recouping overpayments under | ||
| Subsection (a)(1) must take into consideration the cause of the | ||
| overpayment and minimize the financial hardship to the injured | ||
| employee. | ||
| SECTION 3. The commissioner of workers' compensation shall | ||
| adopt rules to implement Section 408.0815, Labor Code, as added by | ||
| this Act, not later than January 1, 2012. | ||
| SECTION 4. This Act takes effect September 1, 2011. | ||
| ______________________________ | ______________________________ | |
| President of the Senate | Speaker of the House | |
| I certify that H.B. No. 2089 was passed by the House on May | ||
| 13, 2011, by the following vote: Yeas 144, Nays 0, 1 present, not | ||
| voting; and that the House concurred in Senate amendments to H.B. | ||
| No. 2089 on May 27, 2011, by the following vote: Yeas 142, Nays 0, | ||
| 2 present, not voting. | ||
| ______________________________ | ||
| Chief Clerk of the House | ||
| I certify that H.B. No. 2089 was passed by the Senate, with | ||
| amendments, on May 25, 2011, by the following vote: Yeas 31, Nays | ||
| 0. | ||
| ______________________________ | ||
| Secretary of the Senate | ||
| APPROVED: __________________ | ||
| Date | ||
| __________________ | ||
| Governor | ||
