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Highlights of the 79th Texas Legislature - Senate

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WORKER'S COMPENSATION<br />

Prohibits <strong>the</strong> misuse <strong>of</strong> <strong>the</strong> division's name or symbols and imposes civil and administrative penalties.<br />

Provides that an employee <strong>of</strong> The University <strong>of</strong> <strong>Texas</strong> System or The <strong>Texas</strong> A&M University System may elect to use<br />

and exhaust accrued sick or annual leave before receiving income benefits.<br />

Creates <strong>the</strong> Workers' Compensation Health Care Network Act, which authorizes <strong>the</strong> establishment <strong>of</strong> workers'<br />

compensation care networks (networks) by workers' compensation insurance carriers and employers.<br />

Requires <strong>the</strong> group to conduct research on <strong>the</strong> impact <strong>of</strong> networks, evaluate <strong>the</strong> cost and quality <strong>of</strong> health care<br />

provided by those networks, and issue annual report cards comparing <strong>the</strong> networks.<br />

Provides that a political subdivision that self-insures must provide workers' compensation coverage through a<br />

network if <strong>the</strong> governing body determines that provision <strong>of</strong> such benefits through a network is available to <strong>the</strong><br />

employees and practical for <strong>the</strong> subdivision.<br />

Requires <strong>the</strong> commissioner in every even-numbered year to report to <strong>the</strong> governor, lieutenant governor, and speaker<br />

<strong>of</strong> <strong>the</strong> house <strong>of</strong> representatives regarding <strong>the</strong> impact <strong>of</strong> <strong>the</strong> reforms in this Act on workers' compensation and sets out<br />

what this analysis must include.<br />

Authorizes <strong>the</strong> commissioner, if <strong>the</strong> commissioner subsequently disapproves <strong>the</strong> rate or filing on which a premium<br />

was based, to impose certain sanctions.<br />

Defines underwriting guidelines regarding workers' compensation insurance and provides that such guidelines must<br />

be sound, actuarially justified or o<strong>the</strong>rwise commensurate with <strong>the</strong> contemplated risk, and may not be unfairly<br />

discriminatory.<br />

Requires <strong>the</strong> commissioner to hold each biennium, beginning no later than December 1, 2008, a public hearing to<br />

review rates charged for workers' compensation coverage.<br />

Makes conforming and technical changes.<br />

Work-Related Exposure to a Reportable Disease─S.B. 665<br />

By Senator Barrientos—House Sponsor: Representative Naishtat<br />

Current law provides that a law enforcement <strong>of</strong>ficer, a firefighter, an emergency medical service employee or<br />

paramedic, or a correctional <strong>of</strong>ficer may request a health authority to order testing <strong>of</strong> ano<strong>the</strong>r person who may have<br />

exposed <strong>the</strong> person to a reportable disease, including HIV infection. In a county jail setting or o<strong>the</strong>r correctional<br />

facility, individuals such as nurses or counselors may be exposed to a reportable disease, but are not included under<br />

current law. This bill:<br />

Adds an employee, contractor, or volunteer who performs a service in a correctional, secure correctional, or secure<br />

detention facility to <strong>the</strong> list <strong>of</strong> persons who may request testing <strong>of</strong> ano<strong>the</strong>r person who may have exposed <strong>the</strong>m to a<br />

reportable disease.<br />

282 HIGHLIGHTS - 79 TH TEXAS LEGISLATURE

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