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Rules marked with a star ★ are open for comment.
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Summary
The rules concern how the designated doctor program operates. The section DWC proposes to repeal, §127.110, has been incorporated into amended §127.100. The proposed amendments and repeal implement Texas Labor Code §§408.0041 and 408.1225, which direct DWC on the operation of the designated doctor program. Section 180.23 implements Labor Code §408.1225, concerning designated doctor certification and training. Neither rule concerns billing or reimbursement—DWC will address billing and reimbursement in future rulemaking.
Informal
First infomal
- Draft 28 TAC §127.1-127.25
- comparison of existing text to informal draft text
- memo
- Comments: 4/4/2022
Second informal
- Posting memo for informal
- Draft 28 TAC §127.1-127.25, §180.23
- comparison of existing text to informal draft text
- DD Report Template Part 1 - Physical Exam
- DD Report Template - DIS
- DD Report Template - IR
- DD Report Template - OTH
- DD Report Template Part 2 Additional Testing and Referrals
- DD Report Template - RTW SIBS
- DD Report Template - RTW
- DD Report Template - EOI
- DD Report Templates - MMI
- Comments: 6/23/2022
Proposal
- Posting memo for proposals
- Proposal: 28 TAC Chapter 127
- Proposal: 28 TAC §180.23
- Related forms:
- Proposals filed: 12/9/2022
- Proposals published: 12/23/2022 at 47 TexReg 8495 and 47 TexReg 8516
- Correction published: 1/13/2023 at 48 TexReg 169
Public hearing
- Hearing information: 10:00 am, Central time, on January 18, 2023
- Comments: email RuleComments@tdi.texas.gov by 5:00 pm, Central time, on January 30, 2023
Adoption
- Posting memo for adoption
- Adoption order: 28 TAC Chapter 127
- Adoption order: 28 TAC §180.23
- Adoption orders filed: 4/5/2023
- Adoption orders published: 4/21/2023 at 48 TexReg 2123 and 48 TexReg 2133
- Effective date: 4/30/2023
Summary
The adopted changes make updates to conform the rule text to agency style and direct the public to www.tdi.texas.gov/wc to find the specific data requirements, data set transactions, data mapping, data edits, and fees per record as required by Labor Code Section 401.024. The previous version of the rule had DWC’s former web address.
Proposal
- Posting memo for proposal
- Proposal: 28 TAC §102.11
- Proposal filed: 9/8/2022
- Proposal published: 9/23/2022 at 47 TexReg 6156
- Comments: 10/24/22
Adoption
- Posting memo for adoption
- Adoption order: 28 TAC 102.11
- Adoption order filed: 2/22/2023
- Adoption order published: 3/10/2023
- Effective Date: 3/14/2023
Summary
The proposed amendments remove the requirement that “old law” settlement agreements be submitted on multi-colored carbon or carbonless paper. The proposed amendments require that “old law” settlement agreements be submitted in the form and manner prescribed by DWC. The amendments also replace references to “the board” with “the division.”
Proposal
- Posting memo for proposal
- Proposal: 28 TAC §55.15
- Proposal filed: 1/27/23
- Proposal published: 2/10/2023 at 48 TexReg 639
- Comments: email RuleComments@tdi.texas.gov by 5:00 pm, Central time, on March 13, 2023
Summary
The changes would add Texas Mutual’s physical address, update Insurance Code references, and make updates for plain language and agency style. The amendments are limited to these clarifications, statutory authority updates, and purely editorial changes. 28 Texas Administrative Code Section 165.1 (which has been in effect since 1999) requires Texas Mutual to give DWC a list of policyholders that need accident prevention services. It also requires policyholders who must get a safety consultation and who are located outside of Texas to give Texas Mutual certain information.
Proposal
- Posting memo for proposal
- Proposal: 28 TAC §165.1
- Proposal filed: 1/2/2023
- Proposal published: 1/20/2023 at 48 TexReg 198
- Comments: email RuleComments@tdi.texas.gov by 5:00 pm, Central time, on February 21, 2023
Adoption
- Posting memo for adoption
- Adoption: 28 TAC §165.1
- Adoption filed: 3/6/23
- Adoption published: 3/24/23
- Effective date: 3/27/23
Informal
Second informal
- Posting memo for draft
- Draft: 28 TAC §§133.10, 133.20, §133.200, and §133.502
- Draft: 28 TAC §§134.209, 134.210, 134.235, 134.239, 134.240, 134.250, 134.260
- Designated doctor billing and reimbursement rules presentation slides
- Draft Revised Fee Schedule for Designated Doctor Exams, Required Medical Exams, and Maximum Medical Improvement and Impairment Rating Exams
- Designated doctor billing and reimbursement examples
- Comparison of existing text to informal draft text
- Comment deadline: 12/16/22
First informal
- Posting memo for draft
- Draft: 28 TAC §§133.10, 133.20, 133.200 and 133.502
- Draft: 28TAC §§134.209, 134.210, 134.235, 134.239, 134.240, 134.250, 134.260
- Designated Doctor First Informal Rule Proposal to Chapters 133 and 134 Presentation 9/8/22
- Designated doctor billing and reimbursement examples
- Comparison of existing text to informal draft text
- Comment deadline: 9/23/22