November 14th was the first day of bill prefiling for Texas’ upcoming 88th Legislative Session. 921 bills and resolutions were filed that day, including a couple that are of particular interest to workers’ compensation participants.

Benefits for the National Guard 

On April 25, 2022, Texas National Guardsman Bishop E. Evans died on duty while attempting to save lives but because he was serving in a State Active Duty status as opposed to federal order, his family was not guaranteed any surviving financial assistance. Texas legislators thus introduced HB 90 and SB 155 to improve workers’ compensation and death benefits for Texas Military Forces while serving in a State Active Duty status. Among other things, the proposed bills would authorize a $500,000 death benefit lump sum payment for surviving families, apply accelerated dispute resolution procedures to guardsmen claiming workplace injuries, and include PTSD coverage similar to that given to first responders.

Bundling Benefits

Pending legislation also has been proposed to allow Texas companies to offer their employees a bundled workers’ compensation plan with group health coverage. HB 351 authorizes a workers’ compensation insurance company to contract with an accident and health insurance company to offer a packaged plan that would provide for medical benefits under the group health plan and other benefits to be paid exclusively through the workers’ compensation policy. The packaged plan would not permit cost-sharing requirements for workers’ compensation medical benefits nor for employee contributions to the premiums paid for the group health coverage allocated to workers’ compensation medical benefits.

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The number of designated doctors in the state continues to decline, with only 251 doctors (63 MDs, 11 DOs, and 177 DCs) now certified to perform exams, a decrease from the 273 certified doctors a year ago. So last month’s private letter ruling by the Texas Comptroller of Public Accounts that DD exam charges are now taxable was especially unwelcome, as it was expected to result in even more DDs jumping ship.

We are relieved to report that the Comptroller delayed implementation of its ruling that charges for designated doctor exams are subject to Texas sales and use tax until after the 2023 legislative session to allow DWC and system participants to seek a legislative change. Designated doctors are not currently required to collect tax on charges for exams.

In other news, proposed rule changes and increased fees for DDs and RMEs are on the agenda for the stakeholder meeting scheduled tomorrow, Thursday, December 1, at 1:30 p.m. A draft revised fee schedule includes proposed increases for all elements of DD and RME exams, and new fees for missed appointments and specialists:

https://www.tdi.texas.gov/wc/rules/documents/drddfee1122.pdf

Comments to the proposed changes should be emailed no later than 5:00 p.m. CST on Friday, December 16, 2022 to RuleComments@tdi.texas.gov with “Chapters 133 and 134 Informal Posting” noted in the subject line. You may also mail or deliver comments to Legal Services, MC-LS Texas Department of Insurance, Division of Workers’ Compensation, P.O. Box 12050, Austin, Texas, 78711.