Highlights of the 79th Texas Legislature - Senate

WORKERS' COMPENSATION
Sets out procedures for reimbursement of an insurance carrier for payment for inappropriate health care.
Requires the commissioner to adopt a closed formulary (only drugs on a preferred list will be covered).
Requires the commissioner to adopt a fee schedule for pharmacy and pharmaceutical services.
Requires the commissioner to study the issue of accreditation of interdisciplinary pain rehabilitation programs or
facilities (treat patients using an interdisciplinary team of health care providers to identify and address medical and
rehabilitation needs) and to recommend statutory changes.
Sets out the state average weekly wage and provides that after October 1, 2006, such wage shall be equal to 88
percent of the average weekly wage in the covered employment as computed by the Texas Workforce Commission.
The commissioner may increase this wage to an amount not to exceed 100 percent.
Requires persons receiving supplemental income benefits to demonstrate an active effort to obtain employment.
Requires the division and the Department of Assistive and Rehabilitative Services to report to the legislature by
August 1, 2006, on their actions to improve access to and the effectiveness of vocational rehabilitation programs for
injured employees.
Requires the division to develop and publish a list of information that will be useful to parties to a benefit review
conference or contested case hearing.
Sets out education requirements for benefit review officers.
Authorizes the commissioner to remove arbitrators who are not fair or impartial or do not make awards consistent
with the statutes or commissioner rules.
Requires the appeals panel (hearing appeals of hearing officer decisions) to issue a manual of precedentestablishing
decisions.
Requires the division to provide educational material in English and Spanish to employers and employees regarding
employees' rights to report unsafe working conditions.
Requires the division to monitor independent review organizations (organizations providing independent review
process for workers compensation claims when treatment is found not to be medically necessary) regarding their
performance and compliance with commissioner rules.
Sets out what elements must be specified in a decision by an independent review organization.
Requires the commissioner by rule to adopt treatment guidelines that are evidence-based and outcome-focused.
Authorizes the commissioner to adopt rules relating to disability management designed to promote early appropriate
treatment and improve outcomes.
Establishes a return-to-work pilot program for small businesses to promote the early and sustained return-to-work of
an employee with a compensable injury.
Requires the division to provide information and assistance to employers and employees to enhance the ability of
injured employees to return to work.
HIGHLIGHTS - 79 TH TEXAS LEGISLATURE 281