(a)It may become necessary for an injured employee to purchase prescription drugs or over-the-counter alternatives to prescription drugs prescribed or ordered by the treating doctor or referral health care provider. In such instances the injured employee may request reimbursement from the insurance carrier by submitting a request to the carrier. (b)The injured employee shall submit to the insurance carrier a letter requesting reimbursement along with a receipt indicating the amount paid and a copy of the prescription. The letter should include information to clearly identify the claimant such as the claimant's name, address, date of injury, and social security number. (c)The insurance carrier shall make appropriate payment to the injured employee in accordance with §134.503, or notify the injured employee of a reduction or denial of the payment within 45 days of receipt of the request for reimbursement from the injured employee. If the insurance carrier does not reimburse the full amount requested, or denies payment the carrier shall include a full and complete explanation of the reason(s) the insurance carrier reduced or denied the payment and shall inform the injured employee of his or her right to request medical dispute resolution in accordance with §133.305 of this title (relating to Medical Dispute Resolution). The statement shall include sufficient claim-specific substantive information to enable the employee to understand the insurance carrier's position and/or action on the claim. A general statement that simply states the carrier's position with a phrase such as "not entitled to reimbursement" or a similar phrase with no further description of the factual basis does not satisfy the requirements of this section.
This agency hereby certifies that the adoption has been reviewed
by legal counsel and found to be a valid exercise of the agency's legal authority.
Filed with the Office of
the Secretary
of State on December 14, 2001
TRD-200107938 Susan Cory
General Counsel
Texas Workers' Compensation Commission
Effective date: January 3, 2002
Proposal publication date: August 31, 2001
For further information, please call: (512) 804-4287
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