Texas Register, Volume 28, Number 14, Pages 2821-2988, April 4, 2003 Page: 2,889
2821-2988 p. ; 28 cm.View a full description of this periodical.
Extracted Text
The following text was automatically extracted from the image on this page using optical character recognition software:
at www.twcc.state.tx.us, clicking on "Law, Rules & Forms" and
then clicking on "Proposed Rules." This medium for commenting
will help you organize your comments by rule chapter. You may
also comment by emailing your comments to RuleComments@
twcc.state.tx.us or by mailing or delivering your comments to Nell
Cheslock at the Office of the General Counsel, Mailstop #4-D,
Texas Workers' Compensation Commission, Southfield Building,
4000 South IH-35, Austin, Texas 78704-7491.
Commenters are requested to clearly identify by number the spe-
cific rule and paragraph commented upon. The commission may
not be able to respond to comments that cannot be linked to a
particular proposed rule. Along with your comment, it is sug-
gested that you include the reasoning for the comment in order
for commission staff to fully evaluate your recommendations.
Based upon various considerations, including comments
received and the staff's or commissioners' review of those
comments, or based upon the commissioners' action at the
public meeting, the rule as adopted may be revised from the
rule as proposed in whole or in part. Persons in support of the
rule as proposed, in whole or in part, may wish to comment to
that effect.
SUBCHAPTER A. GENERAL RULE FOR
REQUIRED REPORTS
28 TAC 133.2
The amendment is proposed under the Texas Labor Code,
402.061, which authorizes the Commission to adopt rules nec-
essary to administer the Act; the Texas Labor Code, 402.072,
which mandates that only the Commission can impose sanc-
tions which deprive a person of the right to practice before the
Commission, receive remuneration in the workers' compensa-
tion system, or revoke a license, certification or permit required
for practice in the system; the Texas Labor Code, 408.022,
which requires an employee receiving treatment under the
workers' compensation system to choose a doctor from a list
of doctors approved by the Commission and establishes the
extent of an employee's option to select an alternate doctor;
the Texas Labor Code 408.026, (as amended by HB-2600,
2001 Texas Legislature) that requires the preauthorization of
non-emergency spinal surgery; the Texas Labor Code Chapter
410, which provides procedures for the adjudication of disputes;
the Texas Labor Code 413.014 (as amended by HB-2600,
2001 Texas Legislature) that requires the commission to specify
by rule, except for treatments and services required to treat a
medical emergency, which health care treatments and services
require express preauthorization and concurrent review by the
carrier as well as allowing health care providers to request pre-
certification and allowing the carriers to enter agreements to pay
for treatments and services that do not require preauthorization
or concurrent review. This mandate also states the carrier is
not liable for the cost of the specified treatments and services
unless preauthorization is sought by the claimant or health care
provider and either obtained or ordered by the commission;
the Texas Labor Code 413.031, which provides a process for
dispute resolution for disputes involving medical services; the
Texas Labor Code, 415.034, which allows a party charged
with an administrative violation or the Executive Director of
the Commission to request a hearing with the State Office of
Administrative Hearings; and the Texas Government Code,
2003.021 (c), which requires the State Office of Administrative
Hearings to conduct hearings under the Texas Labor Code,Title 5, in accordance with the applicable substantive rules and
policies of the Texas Workers' Compensation Commission.
No other code, statute, or article is affected by this rule action.
133.2. Sharing Medical Reports and Test Results.
(a) The treating doctor within 10 days of receipt of a written
request shall forward to a referral doctor, consulting doctor, designated
doctor, [a deter performing a seeend opinion on spinal surgery,] and
a doctor that is examining the claimant under a medical examination
order, copies of reports required in any rules in this part, radiographic
films, and test results, to prevent unnecessary duplication of tests and
examinations. An attending emergency doctor or facility will send
copies of medical reports and other information to the treating doctor
upon request.
(b) When the claimant changes treating doctors, the subse-
quent treating doctor will contact, in writing, the previous doctor or,
if unable to contact the previous doctor, will contact the carrier to ob-
tain copies of all required written medical reports pertinent to the in-
jury and test results submitted to the carrier. The written request will
include a signed waiver from the claimant releasing the claimant's med-
ical records to the subsequent treating doctor. The previous doctor will
send all information to the subsequent doctor within 10 days of receipt
of the written request.
(c) The previous treating doctor shall charge the carrier no
more than the fair and reasonable cost as specified in 133.106(f) of
this title (relating to Fair and Reasonable Fees for Required Reports and
Records) for copies of required reports and test results when the copies
are forwarded to the subsequent treating doctor. The carrier shall reim-
burse the reasonable copying charge for records provided to designated
doctors, or a doctor performing a required medical examination.
This agency hereby certifies that the proposal has been reviewed
by legal counsel and found to be within the agency's legal author-
ity to adopt.
Filed with the Office of the Secretary of State on March 24, 2003.
TRD-200301889
Susan Cory
General Counsel
Texas Workers' Compensation Commission
Earliest possible date of adoption: May 4, 2003
For further information, please call: (512) 804-4287
SUBCHAPTER C. SECOND OPINIONS FOR
SPINAL SURGERY
28 TAC 133.206
(Editor's note: The text of the following section proposed for repeal
will not be published. The section may be examined in the offices of
the Texas Workers' Compensation Commission or in the Texas Register
office, Room 245, James Earl Rudder Building, 1019 Brazos Street,
Austin.)
This repeal is proposed under the Texas Labor Code, 402.061,
which authorizes the Commission to adopt rules necessary to
administer the Act; the Texas Labor Code, 402.072, which man-
dates that only the Commission can impose sanctions which de-
prive a person of the right to practice before the Commission,
receive remuneration in the workers' compensation system, or
revoke a license, certification or permit required for practice in
the system; the Texas Labor Code, 408.022, which requires anPROPOSED RULES April 4, 2003 28 TexReg 2889
Upcoming Pages
Here’s what’s next.
Search Inside
This issue can be searched. Note: Results may vary based on the legibility of text within the document.
Tools / Downloads
Get a copy of this page or view the extracted text.
Citing and Sharing
Basic information for referencing this web page. We also provide extended guidance on usage rights, references, copying or embedding.
Reference the current page of this Periodical.
Texas. Secretary of State. Texas Register, Volume 28, Number 14, Pages 2821-2988, April 4, 2003, periodical, April 4, 2003; Austin, Texas. (https://texashistory.unt.edu/ark:/67531/metapth101027/m1/68/: accessed June 5, 2024), University of North Texas Libraries, The Portal to Texas History, https://texashistory.unt.edu; crediting UNT Libraries Government Documents Department.