Bill Text: TX HB4524 | 2023-2024 | 88th Legislature | Comm Sub
Bill Title: Relating to conducting certain medical examinations using telemedicine under the workers' compensation system.
Spectrum: Bipartisan Bill
Status: (Engrossed - Dead) 2023-05-24 - Removed from local & uncontested calendar [HB4524 Detail]
Download: Texas-2023-HB4524-Comm_Sub.html
| By: Bhojani, et al. (Senate Sponsor - Hall) | H.B. No. 4524 | |
| (In the Senate - Received from the House May 10, 2023; | ||
| May 11, 2023, read first time and referred to Committee on Business & | ||
| Commerce; May 22, 2023, reported adversely, with favorable | ||
| Committee Substitute by the following vote: Yeas 11, Nays 0; | ||
| May 22, 2023, sent to printer.) | ||
| COMMITTEE SUBSTITUTE FOR H.B. No. 4524 | By: King | |
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| relating to conducting certain medical examinations using | ||
| telemedicine under the workers' compensation system. | ||
| BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: | ||
| SECTION 1. Section 408.0041, Labor Code, is amended by | ||
| adding Subsection (d-1) to read as follows: | ||
| (d-1) In this subsection, "telehealth services" and | ||
| "telemedicine medical services" have the meanings assigned by | ||
| Section 111.001, Occupations Code. The commissioner may order an | ||
| examination under this section to be conducted using telehealth | ||
| services or telemedicine medical services if the commissioner | ||
| determines conducting the examination in that manner is necessary | ||
| to ensure access to a timely examination by a qualified doctor and | ||
| the employee consents to the use of telehealth services or | ||
| telemedicine medical services in conducting the examination. | ||
| During an examination conducted using telehealth services or | ||
| telemedicine medical services under this subsection, a health care | ||
| practitioner must be physically present in the room in which the | ||
| employee is located to assist in conducting the examination and | ||
| administering any necessary testing. The commissioner may adopt | ||
| rules related to examinations performed using telehealth services | ||
| or telemedicine medical services under this subsection. | ||
| SECTION 2. Subchapter G, Chapter 408, Labor Code, is | ||
| amended by adding Section 408.1231 to read as follows: | ||
| Sec. 408.1231. CONDUCTING CERTAIN MEDICAL EXAMINATIONS | ||
| USING TELEHEALTH SERVICES OR TELEMEDICINE MEDICAL SERVICES. (a) | ||
| In this section, "telehealth services" and "telemedicine medical | ||
| services" have the meanings assigned by Section 111.001, | ||
| Occupations Code. | ||
| (b) The employee's treating doctor or another doctor | ||
| authorized by the division to certify maximum medical improvement | ||
| or assign an impairment rating under Section 408.123 may certify | ||
| maximum medical improvement or assign an impairment rating during a | ||
| medical examination performed by the doctor using telehealth | ||
| services or telemedicine medical services if: | ||
| (1) the employee consents to the use of telehealth | ||
| services or telemedicine medical services in conducting the | ||
| examination; and | ||
| (2) either: | ||
| (A) the examination is of a musculoskeletal | ||
| injury or diagnosis involving: | ||
| (i) the hand or upper extremities; | ||
| (ii) the foot, including toes and heel; or | ||
| (ii) the spine and musculoskeletal | ||
| structures of the torso; or | ||
| (B) the commissioner determines there is good | ||
| cause to conduct the examination using telehealth services or | ||
| telemedicine medical services. | ||
| (c) During an examination conducted using telehealth | ||
| services or telemedicine medical services under Subsection (b), a | ||
| health care practitioner must be physically present in the room in | ||
| which the employee is located to assist in conducting the | ||
| examination and administering any necessary testing unless a | ||
| doctor: | ||
| (1) determined that the employee is not at maximum | ||
| medical improvement; or | ||
| (2) certified maximum medical improvement during an | ||
| examination and based on the examination concluded there was no | ||
| possibility of impairment. | ||
| (d) The commissioner shall adopt rules necessary to | ||
| implement this section. | ||
| SECTION 3. Section 408.0041, Labor Code, as amended by this | ||
| Act, and Section 408.1231, Labor Code, as added by this Act, apply | ||
| only to a medical examination conducted on or after the effective | ||
| date of this Act. A medical examination conducted before that date | ||
| is governed by the law in effect on the date the examination was | ||
| conducted, and the former law is continued in effect for that | ||
| purpose. | ||
| SECTION 4. This Act takes effect March 1, 2024. | ||
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