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Advisory 2000-01

Supplement to Advisory 99-05, Notice of New Form (TWCC-73, Work Status Report (REVISED)

Use of TWCC-73

Advisory 99-05, issued December 20, 1999, prescribed Form TWCC-73 as the required form and manner for a Work Status Report by a health care provider. Revisions to the form and the relevant rule are pending. Given the pending revisions, until further notice, the Commission will not require doctors to use the TWCC-73 form or to meet the turn-around time of one working day from the date of the examination. Use of the Form TWCC-73 in the interim is optional.

Proposed Changes to Rule 129.5

Amendments to Rule 129.5 were proposed by the Commission on February 15, 2000. 2 The amendments, if adopted, would extend the period of time for doctors to file the report with insurance carriers and employers, and would provide for reimbursement for filing a report required under the rule (which is not currently the case). The requirement to provide a work status report to the employee at the time of the examination would not change under the proposal, although the information regarding the employer and carrier names and fax numbers need not be filled-in on the employee's copy since this information is primarily for transmission purposes.

The Commission is seeking and welcomes input from all system participants regarding Rule 129.5.

Input for the TWCC-73

Since its introduction, the Commission has received many suggestions regarding the TWCC-73 form. The Commission has taken these suggestions and developed a revised TWCC-73 with the input of a group of health care providers, insurance carriers, and employers. Given the level of interest in this report, the Commission would like additional input into the new draft before it is finalized for use. To that end, the Commission has placed the draft report on the Commission's website at http://www.tdi.texas.gov under "Forms". System participants will be able to provide comments on the revised draft form using the Commission's E-Comments system at the website until April 21, 2000.

Use of TWCC-61 and TWCC-64

The Commissioners recently adopted amendments to the Chapters 133 and 134 rules. Among the many changes, the requirement to file the TWCC-61, Initial Medical Report, and TWCC-64, Subsequent and Specific Medical Report, is eliminated. However, these changes will not be effective until July 15, 2000. 3 Until July 15, 2000, forms TWCC-61 and TWCC-64 are still required reports, and carriers must continue to pay for these reports in accordance with the rules in effect until that date. It is anticipated that any amendments to Rule 129.5 and the TWCC-73 form will be complete and effective by that date, and further instructions will be issued by the Commission before then.

Questions regarding this advisory and related issues may be addressed to Adam Leonard at adam.leonard@tdi.texas.gov.

Signed this 22nd day of March, 2000

Leonard W. Riley, Jr., Executive Director

ENDNOTES

1. A Work Status Report is required by Rule 129.5 relating to Work Status Report, and Rule 126.6 relating to Orders for Required Medical Examinations, adopted in December. For information purposes, a copy of Rules 129.5 and 126.6 as adopted in December, and Advisory 99-05 as issued in December, may be viewed and printed from the web at http://www.tdi.texas.gov. Amendments to Rule 129.5 have been proposed - please see endnote 3.

2.The proposed amendments may be viewed and printed from the web at http://www.tdi.texas.gov. Comments on the proposal must be received by 5:00 p.m., April 3, 2000. You may comment via the Internet by accessing the Commission's website at http://www.tdi.texas.gov and then clicking on "Proposed Rules." This venue for commenting will help you organize your comments by rule chapter. You may also comment by emailing your comments to RuleComments@tdi.texas.gov or by mailing or delivering your comments to Donna Davila at the Office of the General Counsel, Mailstop #4-D, Texas Workers' Compensation Commission, Southfield Building, 4000 South IH-35, Austin, Texas 78704-7491.

Commentors are requested to clearly identify by number the specific rule and paragraph commented upon. The Commission may not be able to respond to comments which cannot be linked to a particular proposed rule. Along with your comment, it is suggested that the reasoning for the comment also be included for Commission staff to fully evaluate your recommendations.

Based upon various considerations, including comments received and the staff's or Commissioners' review of those comments, or based upon action by the Commissioners at the public meeting, the rule as adopted may be revised from the rule as proposed in whole or in part. Persons in support of the rule as proposed, in whole or in part, may wish to comment to that effect.

A public hearing on this proposal is scheduled for April 18, 2000 at 1:00 p.m., at the Austin central office of the Commission (Southfield Building, 4000 South IH-35, Austin, Texas). Those persons interested in attending the public hearing should contact the Commission's Office of Executive Communication at (512) 804-4435 for further information. The public hearing schedule will also be available on the Commission's website at http://www.tdi.texas.gov.

3. The adopted amendments to Rule 133.100, Required Medical Reports, and the repeal of Rule 133.101, Initial Medical Report, Rule 133.102, Subsequent Medical Report, and Rule133.103, Specific Medical Reports, are effective July 15, 2000 and may be viewed and printed from the web at http://www.tdi.texas.gov.

Distribution: TWCC Staff | Medical Professional Associations | Carrier Representatives | Forms Notification List | Public Information List | TDI Website



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