HBA-MPM H.B. 1049 77(R)    BILL ANALYSIS


Office of House Bill AnalysisH.B. 1049
By: Solomons
Business & Industry
2/28/2001
Introduced


BACKGROUND AND PURPOSE 

An injured worker who receives workers' compensation benefits receives
those benefits until the worker has achieved maximum medical improvement,
as evidenced to the Texas Workers' Compensation Commission (TWCC) by the
worker's treating doctor through an impairment rating.  If the worker or an
insurance carrier disputes the impairment rating, TWCC is required to
assign a designated doctor listed with TWCC to perform an evaluation on the
worker.  The designated doctor has presumptive weight in hearings involving
a disputed impairment rating.  Therefore, TWCC requires designated doctors
to meet specific licensing requirements and expertise in treating and
examining injured workers.  House Bill 1049 provides that a doctor must
complete a training program and receive certification from TWCC to become
eligible as a designated doctor. 

RULEMAKING AUTHORITY

It is the opinion of the Office of House Bill Analysis that rulemaking
authority is expressly delegated to the Texas Workers' Compensation
Commission in SECTION 2 (Section 408.1221, Labor Code) and to the Texas
Workforce Commission in SECTION 3 of this bill. 

ANALYSIS

House Bill 1049 amends the Labor Code to provide that a doctor must
complete a training program and be certified by the Texas Workers'
Compensation Commission (TWCC) as a workers' compensation medical examiner
to be eligible to serve as a designated doctor.  The bill requires TWCC, by
rule, to adopt a training program for applicants for certification that
includes at least: 

_16 hours of training on the impairment rating guidelines used by TWCC;
_12 hours of training on the requirements regarding workers' compensation
benefits and TWCC rules; and 
_12 hours of training on relevant appeals panel decisions and other
information TWCC determines to be important. 

The bill provides that a doctor who completes the training must pass an
examination prescribed by TWCC rule prior to certification. The bill
authorizes TWCC, by rule, to accept an examination prepared and
administered by a private testing service.  The bill requires TWCC to adopt
rules to provide an expiration date for a certification and requirements
for certification renewal, including continuing education requirements.
The bill also requires TWCC to set reasonable fees necessary to administer
the training program and certification process. 

The bill requires the Texas Workforce Commission to adopt rules and
implement the training program no later than September 1, 2002.  The bill
applies to the eligibility of a designated doctor on or after January 1,
2003. 

EFFECTIVE DATE

September 1, 2001.