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.