The Texas Department of Insurance, Division of Workers’ Compensation (TDI-DWC) is accepting public comment on the proposed repeal of 28 Texas Administrative Code (TAC) §126.7 regarding Designated Doctor Examinations: Requests and General Procedures; and proposed new rules 28 TAC §§127.1 - 127.25 regarding Designated Doctor Scheduling and Examinations.
The proposal was published in the July 16, 2010 issue of the Texas Register and may be viewed on the TDI website at
www.tdi.state.tx.us/wc/rules/proposedrules/index.html. The public comment period closes Monday, August 16, 2010 at 5 p.m. Central Standard Time (CST).
Public comments may be submitted to TDI-DWC by e-mailing rulecomments@tdi.state.tx.us or by mailing or delivering the comments to Maria Jimenez at:
Texas Department of Insurance, Division of Workers’ Compensation Workers’ Compensation Counsel MS - 4D
7551 Metro Center Drive, Suite 100
Austin, Texas 78744 -1645
A public hearing on this proposal will be held on Tuesday, August 17, 2010 at 9 a.m. (CST) in the Tippy Foster Room of the TDI-DWC Central Office, 7551 Metro Center Drive, Suite 100 in Austin. Written and oral comments presented at the public hearing will be considered by TDI-DWC.
The public hearing will also be audio streamed. To listen to the audio stream, access the TDI Agency Calendar at
http://www.tdi.state.tx.us/alert/events.html and then click on the “Broadcast” link for the public hearing. Media Player 7 (or new version) or RealPlayer 10 (or newer version) are required to hear the audio stream. Audio streaming will begin approximately five minutes before the scheduled time of the public hearing.
The purpose of the repeal of 28 TAC §126.7 is to ensure clarity and efficiency in designated doctor regulation. The purpose of the proposed new sections is primarily to recodify the provisions of the proposed repeal of 28 TAC §126.7. The proposed new chapter and rules also expand on the recodified language to comply with the amendments to §408.0041 of the Texas Labor Code as required by House Bill 7, 79th Legislature, Regular Session (effective September 1, 2005).
The proposal also expands current rule language to improve the quality and availability of designated doctor examinations. The TDI-DWC may require designated doctors to remain appointed to a claim so long as that doctor is still qualified to examine the injured employee. The proposal also clarifies or improves a number of the TDI-DWC’s existing designated doctor procedures.
As a result of the proposal, amendments to the Request for Designated Doctor (DWC Form-032) and the Report of Medical Evaluation (DWC Form-069) are being proposed. TDI-DWC is accepting public comment on the draft form until Monday, August 16, 2010 at 5 p.m. (CST). The draft form may be viewed on the TDI website at
http://www.tdi.state.tx.us/wc/rules/proposedrules/index.html with the proposed rules. Comments may be submitted to the TDI-DWC at the e-mail or physical addresses listed in this memo.
If there are any questions regarding the information in this memo, contact Nicholas Gonzalez at 512-804-4277 or Nicholas.Gonzalez@tdi.state.tx.us.