| (a) Health care providers as defined in subsections (c) - (e) of this section shall provide all health care reasonably required by the nature of the injury as and when needed to: (1) cure or relieve the effects naturally resulting from the compensable injury; (2) promote recovery; or (3) enhance the ability of the injured employee to return to or retain employment. (b) In addition to the general requirements of this section, health care providers shall timely and appropriately comply with all applicable requirements under the Act and department and division rules, including, but not limited to: (1) reporting required information; (2) disclosing financial interests; (3) impartially evaluating an injured employee's condition; (4) correctly billing for health care provided; (5) examine an injured employee to determine a date of maximum medical improvement and design impairment ratings as and when appropriate; and (6) complying with all applicable provisions of the Americans with Disabilities Act. (c) The treating doctor is the doctor primarily responsible for the efficient management of health care and for coordinating the health care for an injured employee's compensable injury. The treating doctor shall: (1) except in the case of an emergency, approve or recommend all health care reasonably required that is to be rendered to the injured employee including, but not limited to, treatment or evaluation provided through referrals to consulting and referral doctors or other health care providers, as defined in this section; (2) maintain efficient utilization of health care; (3) communicate with the injured employee, injured employee's representative, if any, employer, and insurance carrier about the injured employee's ability to work or any work restrictions on the injured employee; (4) make available, upon request, in the form and manner prescribed by the division: (A) work release data; (B) cost and utilization data; and/or (C) patient satisfaction data, including comorbidity, patient outcomes, return-to-work outcomes, functional health outcomes, and recovery expectations; and (5) examine an injured employee to determine a date of maximum medical improvement and assign impairment ratings when appropriate. (d) The consulting doctor is a doctor who examines an injured employee or the injured employee's medical record in response to a request from the treating doctor, the designated doctor, or the division. The consulting doctor shall: (1) perform unbiased evaluations of the injured employee as directed by the requestor including, but not limited to, evaluations of: (A) the accuracy of the diagnosis and appropriateness of the treatment of the injured employee; (B) the injured employee's work status, ability to work, and work restrictions; (C) the injured employee's medical condition; and (D) other similar issues; (2) submit a narrative report to the treating doctor, the injured employee, the injured employee's representative (if any), the insurance carrier, and the division (if the requestor was the division); (3) not make referrals without the approval of the treating doctor and when such approval is obtained, ensure that the health care provider to whom the consulting doctor is making an approved referral knows the identity and contact information of the treating doctor; (4) initiate or provide treatment only if the treating doctor approves or recommends the treatment; and (5) become a referral doctor if the doctor begins to prescribe or provide health care to an injured employee. (e) The referral doctor is a doctor who examines and treats an injured employee in response to a request from the treating doctor. The referral doctor shall: (1) supplement the treating doctor's care; (2) timely report the injured employee's status to the treating doctor and the insurance carrier as required by applicable division rules; and (3) not make referrals without the approval of the treating doctor and when such approval is obtained, ensure that the health care provider to whom the referral doctor is making an approved referral knows the identity and contact information of the treating doctor. (f) The Required Medical Examination (RME) doctor is a doctor who examines the injured employee's medical condition in response to a request from the insurance carrier or the division pursuant to Labor Code §§408.004, 408.0041, or 408.151. The RME doctor shall: (1) perform unbiased evaluations of the injured employee as directed by the RME notice issued by the division; (2) not make referrals without the approval of the treating doctor and when such approval is obtained, ensure that the health care provider to whom the RME doctor is making an approved referral knows the identity and contact information of the treating doctor; (3) initiate or provide treatment only if the treating doctor approves or recommends the treatment; and (4) not evaluate, except following an examination by a designated doctor: (A) the impairment caused by the injured employee's compensable injury; (B) the attainment of maximum medical improvement; (C) the extent of the injured employee's compensable injury; (D) whether the injured employee's disability is a direct result of the work related injury; (E) the ability of the injured employee to return to work; or (F) issues similar to those described by subparagraphs (A) - (E) of this paragraph; and (5) be a doctor licensed to practice medicine in Texas that holds the appropriate credentials as defined in §180.1 of this title (relating to Definitions); (A) a dentist that performs dental services under the Act may review dental services that may lawfully be performed within the scope of the dentist's license to practice dentistry; or (B) a chiropractor that performs chiropractic services under the Act may review chiropractic services that may lawfully be performed within the scope of the chiropractor's license to engage in the practice of chiropractic. (g) A peer reviewer is a health care provider who performs an administrative review at the insurance carrier's request without a physical examination of the injured employee. The peer reviewer must not have any known conflicts of interest with the injured employee or the health care provider who has proposed or rendered any health care being reviewed. (1) A peer reviewer who performs a prospective, concurrent, or retrospective review of the medical necessity or reasonableness of health care services (utilization review) is subject to the applicable provisions of the Labor Code; Insurance Code, Chapters 1305 and 4201; and department and division rules. A peer reviewer who performs utilization review must: (A) be certified or registered as a utilization review agent (URA) by the department or be employed by or under contract with a certified or registered URA to perform utilization review; (B) hold the appropriate professional license issued by this state; and (C) hold the appropriate credentials as defined in §180.1 of this title. (2) A peer reviewer who performs a review for any issue other than medical necessity, such as compensability or an injured employee's ability to return to work, must: (A) hold the appropriate professional license issued by this state; and (B) hold the appropriate credentials as defined in §180.1 of this title. (h) The designated doctor is a doctor assigned by the division to recommend a resolution of a dispute as to the medical condition of an injured employee. At the request of an insurance carrier or an injured employee, or on the commissioner's own order, the commissioner may order a medical examination by a designated doctor in accordance with Labor Code §408.0041 and §408.1225. The credentials, qualifications, and responsibilities of a designated doctor are governed by §180.21 of this title (relating to Division Designated Doctor List), §180.1 of this title that defines "appropriate credentials", applicable provisions of the Act, and other rules providing for use of a designated doctor. Cont'd... |
