Bill Text: TX SB1492 | 2013-2014 | 83rd Legislature | Introduced
Bill Title: Relating to the dispute by an insurer of a determination of specific injuries and diagnoses in connection with a compensable injury in certain workers' compensation claims.
Spectrum: Partisan Bill (Democrat 1-0)
Status: (Introduced - Dead) 2013-03-18 - Referred to State Affairs [SB1492 Detail]
Download: Texas-2013-SB1492-Introduced.html
| 83R2408 JSC-D | ||
| By: Van de Putte | S.B. No. 1492 | |
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| relating to the dispute by an insurer of a determination of specific | ||
| injuries and diagnoses in connection with a compensable injury in | ||
| certain workers' compensation claims. | ||
| BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: | ||
| SECTION 1. Section 408.0042, Labor Code, is amended by | ||
| amending Subsection (c) and adding Subsection (c-1) to read as | ||
| follows: | ||
| (c) After the medical examination is performed, the | ||
| treating doctor shall submit to the insurance carrier a report that | ||
| details all injuries and diagnoses related to the compensable | ||
| injury, on receipt of which the insurance carrier shall: | ||
| (1) accept all injuries and diagnoses as related to | ||
| the compensable injury; or | ||
| (2) dispute the determination of specific injuries and | ||
| diagnoses by requesting: | ||
| (A) an examination by a designated doctor under | ||
| Section 408.0041; or | ||
| (B) a benefit review conference under Section | ||
| 410.023. | ||
| (c-1) If an insurance carrier does not dispute the | ||
| determination of specific injuries and diagnoses detailed in the | ||
| report submitted by the treating doctor under Subsection (c) on or | ||
| before the 90th day after the date the report is provided to the | ||
| insurance carrier, the insurance carrier waives its right to | ||
| dispute the determination, unless there is a finding of evidence | ||
| that could not reasonably have been discovered earlier. | ||
| SECTION 2. The change in law made by this Act applies only | ||
| to a medical examination by a treating doctor that occurs on or | ||
| after the effective date of this Act. A medical examination that | ||
| occurs before that date is governed by the law as it existed | ||
| immediately before the effective date of this Act, and the former | ||
| law is continued in effect for that purpose. | ||
| SECTION 3. This Act takes effect September 1, 2013. | ||
