| |
| |
|
|
A BILL TO BE ENTITLED
|
|
|
AN ACT
|
|
|
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 cost 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. |