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Insurers would pay fee for missed worker medical exams under Texas bill

Posted On: Feb. 24, 2023 12:21 PM CST

medical exams

Texas lawmakers have proposed legislation that would impose a fee on workers compensation insurers in cases where injured workers fail or refuse to appear for independent medical examinations.

House Bill 2702, which was filed Thursday, would mandate that insurers pay doctors a minimum of $100 when employees do not appear at scheduled medical exams in comp claims.

The bill authorizes the workers compensation commissioner to adjust fees for inflation no later than Jan. 31 of each even-numbered year beginning in 2026, and the adjusted amount must be based upon the Medicare Economic Index for the preceding 24-month period.

Texas law permits insurers, employees or the workers comp commission to order injured worker medical exams to resolve outstanding questions about impairment caused by the compensable injury, the extent of an injury, whether a disability is directly related to a work injury, and whether the worker is able to return to work.

Current law says that exams will be performed by doctors who are on an approved list of physicians provided by the workers comp division.