Texas Workers Compensation Act

    Title 5 - Texas Labor Code - Chapters 401-506

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TABLE OF CONTENTS

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LABOR CODE

CHAPTER 405. WORKERS' COMPENSATION RESEARCH


	§ 405.001. DEFINITION.  In this chapter, "group" means 
the workers' compensation research and evaluation group.

Added by Acts 2003, 78th Leg., 3rd C.S., ch. 10, § 1.01, eff. 
Oct. 20, 2003.  Amended by Acts 2005, 79th Leg., ch. 265, § 
3.018, eff. Sept. 1, 2005.


	§ 405.002. WORKERS' COMPENSATION RESEARCH DUTIES OF 
DEPARTMENT.  (a) The workers' compensation research and evaluation 
group is located within the department and serves as a resource for 
the commissioner of insurance on workers' compensation issues
	(b)  The department may apply for and spend grant funds to 
implement this chapter.
	(c)  The department shall ensure that all research reports 
prepared under this chapter or by the former Research and Oversight 
Council on Workers' Compensation are accessible to the public 
through the Internet to the extent practicable.

Added by Acts 2003, 78th Leg., 3rd C.S., ch. 10, § 1.01, eff. 
Oct. 20, 2003.  Amended by Acts 2005, 79th Leg., ch. 265, § 
3.019, eff. Sept. 1, 2005.


	§ 405.0025. RESEARCH DUTIES OF GROUP.  (a) The group 
shall conduct professional studies and research related to:
		(1)  the delivery of benefits;                                                
		(2)  litigation and controversy related to workers' 
compensation;           
		(3)  insurance rates and ratemaking procedures;                               
		(4)  rehabilitation and reemployment of injured 
employees;                  
		(5)  the quality and cost of medical benefits;                                
		(6)  employer participation in the workers' 
compensation system;            
		(7)  employment health and safety issues;  and                                
		(8)  other matters relevant to the cost, quality, and 
operational effectiveness of the workers' compensation system.
	(b)  The group shall:                                                          
		(1)  objectively evaluate the impact of the workers' 
compensation health care networks certified under Chapter 1305, 
Insurance Code, on the cost and the quality of medical care provided 
to injured employees;  and
		(2)  report the group's findings to the governor, the 
lieutenant governor, the speaker of the house of representatives, 
and the members of the legislature not later than December 1 of each 
even-numbered year.
	(c)  At a minimum, the report required under Subsection (b) 
must evaluate the impact of workers' compensation health care 
networks on:
		(1)  the average medical and indemnity cost per claim;                        
		(2)  access and utilization of health care;                                   
		(3)  injured employee return-to-work outcomes;                                
		(4)  injured employee satisfaction;                                           
		(5)  injured employee health-related functional 
outcomes;                   
		(6)  the frequency, duration, and outcome of 
complaints;  and               
		(7)  the frequency, duration, and outcome of disputes 
regarding medical benefits.

Added by Acts 2005, 79th Leg., ch. 265, § 3.020, eff. Sept. 1, 
2005.     


	§ 405.0026. RESEARCH AGENDA.  (a) The group shall prepare 
and publish annually in the Texas Register a proposed workers' 
compensation research agenda for the commissioner of insurance 
review and approval.
	(b)  The commissioner of insurance shall:                                      
		(1)  accept public comments on the research agenda;  
and                    
		(2)  hold a public hearing on the proposed research 
agenda if a hearing is requested by interested persons.

Added by Acts 2005, 79th Leg., ch. 265, § 3.020, eff. Sept. 1, 
2005.     


	§ 405.003. FUNDING;  MAINTENANCE TAX.  (a) The group's 
duties under this chapter are funded through the assessment of a 
maintenance tax collected annually from all insurance carriers, and 
self-insurance groups that hold certificates of approval under 
Chapter 407A, except governmental entities.
	(b)  The department shall set the rate of the maintenance tax 
based on the expenditures authorized and the receipts anticipated 
in legislative appropriations.  The tax rate for insurance 
companies may not exceed one-tenth of one percent of the correctly 
reported gross workers' compensation insurance premiums.  The tax 
rate for certified self-insurers may not exceed one-tenth of one 
percent of the total tax base of all certified self-insurers, as 
computed under Section 407.103(b).  The tax rate for self-insurance 
groups described by Subsection (a) may not exceed one-tenth of one 
percent of the group's gross premium for the group's retention, 
excluding premium collected by the group for excess insurance.
	(c)  The tax imposed under Subsection (a) is in addition to 
all other taxes imposed on those insurance carriers for workers' 
compensation purposes.
	(d)  The tax on insurance companies and on self-insurance 
groups described by Subsection (a) shall be assessed, collected, 
and paid in the same manner and at the same time as the maintenance 
tax established for the support of the department under Chapter 
255, Insurance Code.  The tax on certified self-insurers shall be 
assessed, collected, and paid in the same manner and at the same 
time as the self-insurer maintenance tax collected under Section 
407.104.
	(e)  Amounts received under this section shall be deposited 
in the general revenue fund in accordance with Section 251.004, 
Insurance Code, to be used:
		(1)  for the operation of the group's duties under this 
chapter;  and       
		(2)  to reimburse the general revenue fund in 
accordance with Section 201.052, Insurance Code.
	(f)  Section 403.095, Government Code, does not apply in 
relation to amounts received under this section or to any special 
account into which the amounts are deposited.

Added by Acts 2003, 78th Leg., 3rd C.S., ch. 10, § 1.01, eff. 
Oct. 20, 2003.  Amended by Acts 2005, 79th Leg., ch. 265, § 
3.021, eff. Sept. 1, 2005;  Acts 2005, 79th Leg., ch. 728, § 
11.136, eff. Sept. 1, 2005.


	§ 405.004. COORDINATION WITH OTHER STATE AGENCIES;  
CONFIDENTIALITY.  (a) As required to fulfill the group's 
objectives under this chapter, the group is entitled to access to 
the files and records of:
		(1)  the division;                                                            
		(2)  the Texas Workforce Commission;                                          
		(3)  the Department of Assistive and Rehabilitative 
Services;               
		(4)  the office of injured employee counsel;                                  
		(5)  the State Office of Risk Management;  and                                
		(6)  other appropriate state agencies.                                        
	(b)  A state agency shall assist and cooperate in providing 
information to the group.
	(c)  Information that is confidential under state law is 
accessible to the department under rules of confidentiality and 
remains confidential.
	(d)  Except as provided by this subsection, the identity of 
an individual or entity selected to participate in a survey 
conducted by the group or who participates in such a survey is 
confidential and is not subject to public disclosure under Chapter 
552, Government Code.  This subsection does not prohibit the 
identification of a workers' compensation health care network in a 
report card issued under Section 1305.502, Insurance Code, provided 
that the report card may not identify any injured employee or other 
individual.
	(e)  A working paper, including all documentary or other 
information, prepared or maintained by the group in performing the 
group's duties under this chapter or other law to conduct an 
evaluation and prepare a report is excepted from the public 
disclosure requirements of Section 552.021, Government Code.
	(f)  A record held by another entity that is considered to be 
confidential by law and that the group receives in connection with 
the performance of the group's functions under this chapter or 
another law remains confidential and is excepted from the public 
disclosure requirements of Section 552.021, Government Code.
	(g)  The commissioner of insurance shall adopt rules as 
necessary to establish data reporting requirements to support the 
research duties under this chapter.  This section may not be 
construed as requiring additional reporting requirements on 
nonsubscribing employers.

Added by Acts 2003, 78th Leg., 3rd C.S., ch. 10, § 1.01, eff. 
Oct. 20, 2003.  Amended by Acts 2005, 79th Leg., ch. 265, § 
3.022, eff. Sept. 1, 2005.