TX Rulebook Supplement 2013-01 Available Online for New and Amended Rules

Austin, TX (WorkersCompensation.com) - The Texas Workers' Compensation Rulebook Supplement 2013-01 contains rules adopted by the Commissioner of Workers' Compensation Rod Bordelon, and is available online from the Texas Department of Insurance, Division of Workers' Compensation (TDI-DWC). The supplement pages may be downloaded from the TDI website at http://www.tdi.texas.gov/wc/rules/supplements.html.

The rule supplements are provided as a courtesy by the TDI-DWC. While the TDI-DWC makes every effort to ensure the accuracy and completeness of this information, the official version of proposed and adopted rules are those filed with the Texas Secretary of State (SOS), which is the official repository of TDI-DWC rules. The rules can be accessed directly from the Texas Register, Office of Secretary of State website at http://www.sos.state.tx.us/texreg/index.shtml. With respect to the supplements, the TDI-DWC makes no warranty as to their accuracy, completeness, reliability, and/or timeliness.

Rulebook Supplement 2013-01 contains adopted new 28 Texas Administrative Code (TAC) §110.105, §160.1, and Subchapter C of Chapter 180; and amended §§110.1, 110.101, 160.2 and 160.3.

New 28 TAC §110.105 and §160.1 and amended §§110.1, 110.101, 160.2 and 160.3 were adopted on July 13, 2012 by the Commissioner of Workers' Compensation and were published in the July 27, 2012 issue of the Texas Register (37 TexReg 5577 and 5592, respectively by chapter). These adopted amendments and new sections became effective on January 1, 2013.

The primary purpose of new 28 TAC §110.105 and §160.1 and amended §§110.1, 110.101, 160.2 and 160.3 is to update and clarify the language and requirements related to various notice and reporting requirements imposed upon subscribing and non-subscribing employers. The reporting requirements relate specifically to subscribing and non-subscribing employers notifying the TDI-DWC of: (1) no workers' compensation insurance coverage for employees, (2) the termination of workers' compensation coverage by an employer, and (3) occupational injuries, illnesses, and fatalities. The rules also relate to requirements placed upon employers for notifying their employees of the employer's coverage status.

In conjunction with these rules the TDI-DWC has also revised DWC Form-005, Employer Notice of No Coverage or Termination of Coverage, and DWC Form-007, Employer's Report of Non- Covered Employee's Occupational Injury or Disease; these revised forms are for use on or after January 1, 2013. Additionally, TDI-DWC has revised and created new employee notices; the revised New Employee Notice, revised Notices 5 - 7, and new Notice 10 are for use on or after January 1, 2013. These forms and notices are available for download from the TDI website at http://www.tdi.texas.gov/forms/form20.html.

New 28 TAC Subchapter C, Medical Quality Review Panel, of Chapter 180 was adopted on October 17, 2012 by the Commissioner of Workers' Compensation and was published in the November 2, 2012 issue of the Texas Register (37 TexReg 8839). This new adopted subchapter became effective on January 1, 2013.

The purpose of new adopted Subchapter C of Chapter 180 is to implement Texas Labor Code §413.05121, §413.05122, and amended §413.0512, which were enacted by House Bill 2605, 82nd Legislature, Regular Session, effective September 1, 2011. These statutes require the Commissioner of Workers' Compensation to adopt rules concerning the operation of the Medical Quality Review Panel (MQRP) and the establishment of a Quality Assurance Panel
within the MQRP.

In conjunction with this new Subchapter C the TDI-DWC has also created new DWC Form-072, Medical Quality Review Panel Application. The new form is for use on or after January 1, 2013 and is available for download from the TDI website at http://www.tdi.texas.gov/forms/form20.html.

To purchase a hard copy of this rulebook supplement or a complete set of the Texas Workers' Compensation Act and TDI-DWC Rules, visit the TDI website at http://www.tdi.texas.gov/wc/information/pubpricelist.html or call TDI-DWC Publications at 512-804-4240.

If there are any questions regarding the information in this memo, contact the Office of Workers' Compensation Counsel at 512-804-4703 or rulecomments@tdi.texas.gov.

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