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AN ACT
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relating to return-to-work coordination services and a |
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return-to-work reimbursement program for employers participating |
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in the workers' compensation system. |
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�������BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
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�������SECTION�1.��Subsection (a), Section 413.021, Labor Code, is |
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amended to read as follows: |
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�������(a)��An insurance carrier shall, with the agreement of a |
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participating employer, provide the employer with return-to-work |
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coordination services on an ongoing basis as necessary to |
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facilitate an employee's return to employment, including on receipt |
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of a notice that an injured employee is eligible to receive |
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temporary income benefits.��The insurance carrier shall notify the |
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employer of the availability of the return-to-work reimbursement |
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program under Section 413.022 [coordination services].��[In
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offering the services, insurance carriers and the division shall
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target employers without return-to-work programs and shall focus
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return-to-work efforts on workers who begin to receive temporary
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income benefits.]��The insurance carrier shall evaluate a |
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compensable injury in which the injured employee sustains an injury |
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that could potentially result in lost time from employment as early |
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as practicable to determine if skilled case management is necessary |
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for the injured employee's case. �As necessary, case managers who |
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are appropriately certified [licensed to practice in this state] |
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shall be used to perform these evaluations.��A claims adjuster may |
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not be used as a case manager.��These services may be offered by |
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insurance carriers in conjunction with the accident prevention |
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services provided under Section 411.061.��Nothing in this section |
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supersedes the provisions of a collective bargaining agreement |
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between an employer and the employer's employees, and nothing in |
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this section authorizes or requires an employer to engage in |
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conduct that would otherwise be a violation of the employer's |
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obligations under the National Labor Relations Act (29 U.S.C. |
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Section 151 et seq.). |
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�������SECTION�2.��The heading to Section 413.022, Labor Code, is |
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amended to read as follows: |
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�������Sec.�413.022.��RETURN-TO-WORK REIMBURSEMENT [PILOT] PROGRAM |
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FOR [SMALL] EMPLOYERS; FUND. |
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�������SECTION�3.��Subsection (a), Section 413.022, Labor Code, is |
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amended by amending Subdivision (2) and adding Subdivision (3) to |
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read as follows: |
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�������������(2)��"Eligible employer" means any employer, other than |
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this state or a political subdivision subject to Subtitle C, who |
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[employs at least two but not more than 50 employees on each
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business day during the preceding calendar year and who] has |
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workers' compensation insurance coverage and who: |
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�������������������(A)��employed at least two but not more than 50 |
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employees on each business day during the preceding calendar year; |
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or |
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�������������������(B)��is a type of employer designated as eligible |
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to participate in the program by the commissioner. |
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�������������(3)��"Program" means the return-to-work reimbursement |
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program established under this section. |
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�������SECTION�4.��Subsections (b), (c), (c-1), and (g), Section |
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413.022, Labor Code, are amended to read as follows: |
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�������(b)��The commissioner shall establish by rule a |
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return-to-work reimbursement [pilot] program designed to promote |
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the early and sustained return to work of an injured employee who |
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sustains a compensable injury. �The commissioner, by rule, may |
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expand eligibility to participate in the program to types of |
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employers who are not described by Subsection (a)(2)(A). |
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�������(c)��The [pilot] program shall reimburse from the account an |
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eligible employer for expenses incurred by the employer to make |
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workplace modifications necessary to accommodate an injured |
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employee's return to modified or alternative work.��Reimbursement |
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under this section to an eligible employer may not exceed $5,000 |
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[$2,500].��The expenses must be incurred to allow the employee to |
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perform modified or alternative work within doctor-imposed work |
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restrictions.��Allowable expenses may include: |
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�������������(1)��physical modifications to the worksite; |
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�������������(2)��equipment, devices, furniture, or tools; and |
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�������������(3)��other costs necessary for reasonable |
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accommodation of the employee's restrictions. |
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�������(c-1)��The commissioner by rule shall establish an optional |
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preauthorization plan for eligible employers who participate in the |
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[pilot] program.��To participate in the preauthorization plan, an |
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employer must submit a proposal to the division, in the manner |
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prescribed by the division, that describes the workplace |
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modifications and other changes that the employer proposes to make |
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to accommodate an injured employee's return to work.��If the |
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division approves the employer's proposal, the division shall |
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guarantee reimbursement of the expenses incurred by the employer in |
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implementing the modifications and changes from the account unless |
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the division determines that the modifications and changes differ |
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materially from the employer's proposal.��If determined to be a |
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public purpose by the commissioner, and in accordance with rules |
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adopted by the commissioner, the division may provide the employer |
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an advance of funds under this subsection. Reimbursement or an |
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advance of funds under this subsection is subject to the limit |
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imposed under Subsection (c). |
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�������(g)��The commissioner shall adopt rules as necessary to |
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implement this�[This] section [expires September 1, 2009]. |
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�������SECTION�5.��This Act takes effect immediately if it receives |
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a vote of two-thirds of all the members elected to each house, as |
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provided by Section 39, Article III, Texas Constitution.��If this |
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Act does not receive the vote necessary for immediate effect, this |
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Act takes effect September 1, 2009. |
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______________________________ |
______________________________ |
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���President of the Senate |
Speaker of the House����� |
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�������I hereby certify that S.B.�No.�1814 passed the Senate on |
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April�16,�2009, by the following vote:��Yeas�31, Nays�0. |
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______________________________ |
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Secretary of the Senate���� |
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�������I hereby certify that S.B.�No.�1814 passed the House on |
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May�20,�2009, by the following vote:��Yeas�129, Nays�11, two |
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present not voting. |
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______________________________ |
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Chief Clerk of the House��� |
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Approved: |
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______________________________� |
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������������Date |
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______________________________� |
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����������Governor |