Bill Text: TX HB243 | 2021 | 87th Legislature 2nd Special Session | Introduced
Bill Title: Relating to workers' compensation benefits for injuries caused by employer-required COVID-19 vaccines and payment of those benefits.
Spectrum: Partisan Bill (Republican 1-0)
Status: (Introduced - Dead) 2021-08-30 - Filed [HB243 Detail]
Download: Texas-2021-HB243-Introduced.html
| 87S20839 KKR-D | ||
| By: Cason | H.B. No. 243 | |
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| relating to workers' compensation benefits for injuries caused by | ||
| employer-required COVID-19 vaccines and payment of those benefits. | ||
| BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: | ||
| SECTION 1. Subchapter A, Chapter 408, Labor Code, is | ||
| amended by adding Section 408.009 to read as follows: | ||
| Sec. 408.009. PRESUMPTION OF COMPENSABILITY FOR INJURY | ||
| CAUSED BY EMPLOYER-REQUIRED COVID-19 VACCINE. (a) In this | ||
| section, "COVID-19" means the 2019 novel coronavirus disease. | ||
| (b) An employee who suffers an injury caused by an adverse | ||
| reaction to a COVID-19 vaccine resulting in disability or death is | ||
| presumed to have suffered the injury during the course and scope of | ||
| employment if the employee was required to receive the vaccine as a | ||
| condition of employment. | ||
| SECTION 2. Section 409.021(a-3), Labor Code, is amended to | ||
| read as follows: | ||
| (a-3) An insurance carrier is not required to comply with | ||
| Subsection (a) if the claim results from an employee's disability | ||
| or death for which a presumption is claimed to be applicable under | ||
| Section 408.009 of this code or Subchapter B, Chapter 607, | ||
| Government Code, and, not later than the 15th day after the date on | ||
| which the insurance carrier received written notice of the injury, | ||
| the insurance carrier has provided the employee and the division | ||
| with a notice that describes all steps taken by the insurance | ||
| carrier to investigate the injury before the notice was given and | ||
| the evidence the carrier reasonably believes is necessary to | ||
| complete its investigation of the compensability of the | ||
| injury. The commissioner shall adopt rules as necessary to | ||
| implement this subsection. | ||
| SECTION 3. Section 415.021(c-2), Labor Code, is amended to | ||
| read as follows: | ||
| (c-2) In determining whether to assess an administrative | ||
| penalty involving a claim in which the insurance carrier provided | ||
| notice under Section 409.021(a-3), the commissioner shall consider | ||
| whether: | ||
| (1) the employee cooperated with the insurance | ||
| carrier's investigation of the claim; | ||
| (2) the employee timely authorized access to the | ||
| applicable medical records before the insurance carrier's deadline | ||
| to: | ||
| (A) begin payment of benefits; or | ||
| (B) notify the division and the employee of the | ||
| insurance carrier's refusal to pay benefits; and | ||
| (3) the insurance carrier conducted an investigation | ||
| of the claim, applied the statutory presumptions under Section | ||
| 408.009 of this code or Subchapter B, Chapter 607, Government Code, | ||
| and expedited medical benefits under Section 504.055. | ||
| SECTION 4. Section 408.009, Labor Code, as added by this | ||
| Act, applies only to a claim for workers' compensation benefits | ||
| filed on or after the effective date of this Act. A claim filed | ||
| before that date is governed by the law as it existed on the date the | ||
| claim was filed, and the former law is continued in effect for that | ||
| purpose. | ||
| SECTION 5. This Act takes effect immediately if it receives | ||
| a vote of two-thirds of all the members elected to each house, as | ||
| provided by Section 39, Article III, Texas Constitution. If this | ||
| Act does not receive the vote necessary for immediate effect, this | ||
| Act takes effect on the 91st day after the last day of the | ||
| legislative session. | ||
