HBA-JEK H.B. 1579 77(R)    BILL ANALYSIS


Office of House Bill AnalysisH.B. 1579
By: Dukes
Business & Industry
3/11/2001
Introduced



BACKGROUND AND PURPOSE 

Inconsistent impairment ratings between treating doctors and doctors
selected by an insurance carrier are a common problem in the Texas workers'
compensation system.  Insurance carriers may request premature evaluations
in an effort to keep costs down, but these evaluations may differ from the
evaluations of treating doctors who may have more detailed knowledge of an
injury.  House Bill 1579 requires the Texas workers' compensation
commission to establish quality review measures to reduce inconsistent
impairment rating determinations made by treating doctors and doctors
selected by an insurance carrier. 

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 1 (Section 408.122, Labor Code) of this bill. 

ANALYSIS

House Bill 1579 amends the Labor Code to require the Texas Workers'
Compensation Commission by rule to establish quality review measures
designed to reduce inconsistent impairment rating determinations made by
treating doctors and doctors selected by an insurance carrier.  The bill
prohibits an insurance carrier from requiring an employee to submit to a
medical examination to evaluate the employee's impairment before the
expiration of the 60th day after the date on which the compensable injury
occurred and establishes that a violation of this provision by an insurance
carrier is a Class B administrative violation. The bill also prohibits the
examination of an employee by a designated doctor in an impairment rating
dispute before the expiration of the 60th day after the date of the
examination by a doctor selected by the insurance carrier. 

EFFECTIVE DATE

September 1, 2001.