Texas Register

TITLE 28 INSURANCE
PART 2TEXAS DEPARTMENT OF INSURANCE, DIVISION OF WORKERS' COMPENSATION
CHAPTER 134BENEFITS--GUIDELINES FOR MEDICAL SERVICES, CHARGES, AND PAYMENTS
SUBCHAPTER CMEDICAL FEE GUIDELINES
RULE §134.225Functional Capacity Evaluations
ISSUE 07/01/2016
ACTION Final/Adopted
Preamble Texas Admin Code Rule

The following applies to functional capacity evaluations (FCEs). A maximum of three FCEs for each compensable injury shall be billed and reimbursed. FCEs ordered by the division shall not count toward the three FCEs allowed for each compensable injury. FCEs shall be billed using CPT code 97750 with modifier "FC." FCEs shall be reimbursed in accordance with §134.203(c)(1) of this title. Reimbursement shall be for up to a maximum of four hours for the initial test or for a division ordered test; a maximum of two hours for an interim test; and a maximum of three hours for the discharge test, unless it is the initial test. Documentation is required. FCEs shall include the following elements:

  (1)A physical examination and neurological evaluation, which include the following:

    (A)appearance (observational and palpation);

    (B)flexibility of the extremity joint or spinal region (usually observational);

    (C)posture and deformities;

    (D)vascular integrity;

    (E)neurological tests to detect sensory deficit;

    (F)myotomal strength to detect gross motor deficit; and

    (G)reflexes to detect neurological reflex symmetry.

  (2)A physical capacity evaluation of the injured area, which includes the following:

    (A)range of motion (quantitative measurements using appropriate devices) of the injured joint or region; and

    (B)strength/endurance (quantitative measures using accurate devices) with comparison to contralateral side or normative database. This testing may include isometric, isokinetic, or isoinertial devices in one or more planes.

  (3)Functional abilities tests, which include the following:

    (A)activities of daily living (standardized tests of generic functional tasks such as pushing, pulling, kneeling, squatting, carrying, and climbing);

    (B)hand function tests that measure fine and gross motor coordination, grip strength, pinch strength, and manipulation tests using measuring devices;

    (C)submaximal cardiovascular endurance tests which measure aerobic capacity using stationary bicycle or treadmill; and

    (D)static positional tolerance (observational determination of tolerance for sitting or standing).

The agency certifies that legal counsel has reviewed the adoption and found it to be a valid exercise of the agency's legal authority.

Filed with the Office of the Secretary of State on June 17, 2016

TRD-201603100

Nicholas Canaday III

General Counsel

Texas Department of Insurance, Workers' Compensation Division

Effective date: July 7, 2016

Proposal publication date: March 18, 2016

For further information, please call: (512) 804-4703



Next Page Previous Page

Link to Texas Secretary of State Home Page | link to Texas Register home page | link to Texas Administrative Code home page | link to Open Meetings home page