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A BILL TO BE ENTITLED
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AN ACT
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relating to confidential communications between an insurance |
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carrier and a covered employer under the Texas Workers' |
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Compensation Act. |
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BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
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SECTION 1. Subchapter A, Chapter 409, Labor Code, is |
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amended by adding Section 409.0115 to read as follows: |
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Sec. 409.0115. CONFIDENTIAL COMMUNICATIONS. (a) For |
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purposes of this section, a reference to an insurance carrier or |
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covered employer includes the insurance carrier's or covered |
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employer's attorneys, consultants, sureties, indemnitors, |
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employees, third-party administrators, and other agents. |
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(b) Communications between an insurance carrier and a |
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covered employer are confidential and not subject to disclosure if |
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the communications include information regarding mental |
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impressions, conclusions, opinions, claims-handling strategies, |
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litigation strategies, legal theories regarding the claim, claim |
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status, claim reserves, or proprietary business practices of the |
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insurance carrier or covered employer or other similar classes of |
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information and are made in furtherance of the covered employer's |
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rights, including rights described by Sections 409.011(b)(1)-(5) |
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and Section 415.002(b). |
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(c) An insurance carrier may refuse to disclose and may |
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prevent the disclosure by another person of confidential |
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communications described by this section. |
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(d) This section: |
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(1) does not apply to: |
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(A) communications between the insurance carrier |
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and covered employer that are offered as evidence in a judicial |
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proceeding between the insurance carrier and covered employer; |
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(B) communications made to the insurance carrier |
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by the covered employer in which the employer dictates the methods |
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by which and the terms on which the claim is handled and settled; or |
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(C) public records subject to Chapter 552, |
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Government Code; and |
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(2) does not affect: |
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(A) the requirement to exchange documentation |
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under Chapter 410; or |
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(B) the right of the commissioner to obtain |
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information from an insurance carrier or covered employer under |
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this subtitle. |
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(e) An insurance carrier or covered employer is required to |
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disclose any communications, including confidential communications |
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described by this section, that are requested by the commissioner |
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in order to detect and address acts or practices of noncompliance |
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with this subtitle and rules adopted under this subtitle. |
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SECTION 2. Section 409.0115, Labor Code, as added by this |
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Act, applies only to communications between an insurance carrier |
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and a covered employer made on or after the effective date of this |
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Act. |
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SECTION 3. This Act takes effect September 1, 2015. |