bill allows some workers’ comp exams by telehealth

The text as introduced · 503 words

89R3333 KKR-F

By: Bhojani
H.B. No. 1066

A BILL TO BE ENTITLED

AN ACT

relating to conducting certain medical examinations using

telehealth services and telemedicine medical services under the

workers' compensation system.

BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:

SECTION 1. Section 408.0041, Labor Code, is amended by

adding Subsection (d-1) to read as follows:

(d-1) In this subsection, "telehealth service" and

"telemedicine medical service" have the meanings assigned by

Section 111.001, Occupations Code. The commissioner may order an

examination under this section to be conducted using telehealth

services or telemedicine medical services if the commissioner

determines conducting the examination in that manner is necessary

to ensure access to a timely examination by a qualified doctor.

During an examination conducted using telehealth services or

telemedicine medical services under this subsection, a health care

professional must be physically present in the room in which the

employee is located to assist in conducting the examination and

administering any necessary testing. The commissioner may adopt

rules related to examinations performed using telehealth services

or telemedicine medical services under this subsection.

SECTION 2. Subchapter G, Chapter 408, Labor Code, is

amended by adding Section 408.1231 to read as follows:

Sec. 408.1231. CONDUCTING CERTAIN MEDICAL EXAMINATIONS

USING TELEHEALTH SERVICES OR TELEMEDICINE MEDICAL SERVICES. (a)

In this section, "telehealth service" and "telemedicine medical

service" have the meanings assigned by Section 111.001, Occupations

Code.

(b) The employee's treating doctor or another doctor

authorized by the division to certify maximum medical improvement

or assign an impairment rating under Section 408.123 may certify

maximum medical improvement or assign an impairment rating during a

medical examination performed by the doctor using telehealth

services or telemedicine medical services if:

(1) the examination is of a musculoskeletal injury or

diagnosis involving:

(A) the hand or upper extremities;

(B) the foot, including toes and heel; or

(C) the spine and musculoskeletal structures of

the torso; or

(2) the commissioner determines there is good cause to

conduct the examination using telehealth services or telemedicine

medical services.

(c) During an examination conducted using telehealth

services or telemedicine medical services under Subsection (b), a

health care professional must be physically present in the room in

which the employee is located to assist in conducting the

examination and administering any necessary testing unless a

doctor:

(1) determined that the employee is not at maximum

medical improvement; or

(2) certified maximum medical improvement during an

examination and based on the examination concluded there was no

possibility of impairment.

(d) The commissioner shall adopt rules necessary to

implement this section.

SECTION 3. Section 408.0041, Labor Code, as amended by this

Act, and Section 408.1231, Labor Code, as added by this Act, apply

only to a medical examination conducted on or after the effective

date of this Act. A medical examination conducted before that date

is governed by the law in effect on the date the examination was

conducted, and the former law is continued in effect for that

purpose.

SECTION 4. This Act takes effect January 1, 2026.