On September 8, 2008, Governor Rick Perry issued a proclamation declaring that Hurricane Ike poses a threat of imminent disaster along the Texas coast and in numerous counties including Angelina, Austin, Brazoria, Brazos, Chambers, Cherokee, Fort Bend, Galveston, Gregg, Hardin, Harris, Jasper, Jefferson, Liberty, Matagorda, Montgomery, Nacogdoches, Newton, Orange, Polk, Sabine, San Augustine, San Jacinto, Trinity, Tyler, Walker, Waller, and Wharton counties beginning September 7, 2008 and directing that all necessary measures both public and private as authorized under §418.017 of the Texas Government Code be implemented to meet that threat. The proclamation also states that, as provided in §418.016 of the Texas Government Code, all rules and regulations that may inhibit or prevent prompt response to this threat are suspended for the duration of the incident.
On September 13, 2008, President George Bush issued a major disaster declaration for the state of Texas and ordered federal aid to supplement state, local and tribal recovery efforts in the area struck by Hurricane Ike beginning on September 7, 2008, and continuing. The President's action makes federal funding available to affected individuals in the counties of Angelina, Austin, Brazoria, Chambers, Cherokee, Fort Bend, Galveston, Grimes, Hardin, Harris, Houston, Jasper, Jefferson, Liberty, Madison, Matagorda, Montgomery, Nacogdoches, Newton, Orange, Polk, Sabine, San Augustine, San Jacinto, Trinity, Tyler, Walker, Waller, and Washington.
The Texas Department of Insurance ("Department"), Division of Workers' Compensation ("Division") expects insurance carriers to provide all injured employees impacted by the hurricane with methods for reporting a change of address and to use all available means to provide to injured employees prompt and immediate relief, including but not limited to processing and delivery of benefit checks and necessary medical care, services, and supplies, including physical therapy, pharmacy, or medical equipment.
It is also the opinion of the Department and the Division that all insurance carriers should waive penalties and restrictions on injured employees and health care providers when the injured employee is subject to a certified network and obtains necessary emergency and non-emergency health care out-of-network as a result of the disaster through the duration of the Governor's disaster proclamation. Further, the Department and the Division determined that insurance carriers should not deny payment for necessary emergency and non-emergency health care services that are obtained out-of-network as a result of the threat of imminent disaster through the duration of the Governor's disaster proclamation.
Under these disaster circumstances for system participant residents of Angelina, Austin, Brazoria, Brazos, Chambers, Cherokee, Fort Bend, Galveston, Gregg, Hardin, Harris, Jasper, Jefferson, Liberty, Matagorda, Montgomery, Nacogdoches, Newton, Orange, Polk, Sabine, San Augustine, San Jacinto, Trinity, Tyler, Walker, Waller, and Wharton counties and regardless of where those residents may be currently located, the Texas workers' compensation deadlines for the following procedures are tolled through the duration of the Governor's disaster proclamation: workers' compensation claim notification and filing deadlines, medical billing deadlines, and medical and income benefit dispute deadlines. In addition, and when necessary under the circumstances of the disaster, deadlines for medical examinations should be extended for reasonable periods of time. Also, the preauthorization approval requirements are waived for the duration of the Governor's disaster proclamation for circumstances where the injured employee or that employee's health care provider cannot reasonably communicate with the appropriate insurance carrier as required.
Additionally, please refer to the following Bulletin Numbers signed by Mike Geeslin, Commissioner of Insurance:
- B-0056-08 Suspension of Premium Payments
- B-0057-08 Medical Equipment Supplies
- B-0058-08 Adjuster
- B-0059-08 Preauthorization Health Care
- B-0061-08 Prescription Medication Bulletin
- B-0062-08 Rating or Underwriting
- B-0063-08 Credit Scoring
To reschedule a Benefit Review conference or a Contested Case Hearing, please contact the Division's local field office or, for calls outside of the area code for that office, call the toll free telephone number (800) 252-7031. Questions related to Workers' Compensation Health Care Networks may be directed to (866) 554-4926 or 512-322-4266 or wcnet@tdi.state.tx.us.
All other questions regarding this bulletin may be directed to the Workers' Compensation Injured Employee Hotline at the toll free telephone number (800) 252 - 7031.
Mike Geeslin
Commissioner of Insurance
Texas Department of Insurance
Rod Bordelon
Commissioner of Workers' Compensation
Texas Department of Insurance