By J. Lyn Carl, GalleryWatch.com
Austin, TX –
With a focus on the injured worker, Lt. Gov. David Dewhurst and Sen. Todd Staples (R-Palestine) today explained the provisions of Staples' SB 5, legislation aimed at reforming the state's worker's compensation system.
"We're worker friendly," said Dewhurst of the state. "We want to take care of the injured worker but at the same time do it in a system where we're not wasting money."
The lieutenant governor said there are fewer companies in the state's worker's compensation system today, and the way to get them back is by lowering costs and making the system more affordable to "provide a safety net for our injured workers."
Dewhurst said in Texas, on average, injured workers visit the doctor more often and receive more expensive treatment than injured workers in other states. "And when you ask them if they're satisfied with the process, they say 'no.'" He said 34 percent of all Texas injured workers never return to their jobs. "That's a problem," said the lieutenant governor. "Employers are losing trained workers," he said, causing a "tremendous drain" on society.
"As costs are increasingly rising, our satisfaction with our system is declining."
Staples outlined a number of provisions of his legislation:
- It allows for the creation of a healthcare network for worker's comp claimants that will function like those providing care in group health plans. The networks will be certified by the state, held to standards and be accountable to system stakeholders.
- Networks will have more flexibility to allow the market to function to deliver a better healthcare product at a more reasonable cost.
- Administration will be a model in which a dedicated agency will remain to address only worker's comp issues. It will be headed by a single commissioner appointed by the governor with the advice and consent of the Senate. "There will be a clear agreement," said Staples, "that when this process is complete, the Texas Worker's Compensation Commission as we know it today will be no more." He said one commissioner means more accountability and will allow the agency to "change course quickly" as necessary to meet the needs of employers and employees.
- The system will better utilize scientifically valid evidence based on guidelines for treatment of work-based injuries.
- It will ensure that effective treatment is utilized early after an injury, with the focus from day one being returning the injured employee to work.
- Providers will be paid quickly. With improved medical care, return-to-work outcomes also will improve.
- There will be better coordination between the Worker's Compensation Commission and rehabilitation programs serving injured workers.
- There will be a pilot project to offer incentives to small employers so they will employ injured workers.
- Enhancements will be made to the income benefits structure, increasing the weekly cap on benefits and shortening the waiting period before an injured worker can receive benefits.
- There will be rules to require insurance carriers to accept medical bills electronically.
- The connection between worker's comp costs and premiums will be examined and addressed.
- There will be stronger authority for the Texas Department of Insurance to address carriers with "unreasonable" rates.
"We've got fewer people participating in the worker's comp system today than in the past because of rising costs," said Dewhurst. "We want to make it more doctor-friendly and worker-friendly than in the past. As costs go down, we want to make sure premiums go down."
The lieutenant governor said the more doctors that participate in the program, the more they will be able to negotiate and the more they will be involved in setting their fees.