TITLE: Relating to coverage for certain pharmaceutical services by a workers' compensation insurance carrier.

SUMMARY: Relating to coverage for certain pharmaceutical services by a workers' compensation insurance carrier.

FULL TEXT:
AN ACT relating to coverage for certain pharmaceutical services by a workers' compensation insurance carrier. BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: SECTION 1. Section 413.0141, Labor Code, is amended to read as follows: Sec. 413.0141. INITIAL PHARMACEUTICAL COVERAGE. The commissioner may by rule provide that an insurance carrier shall provide for payment of specified pharmaceutical services through [sufficient for] the seventh working day after [first seven days following] the date of injury if the health care provider requests and receives verification of insurance coverage and a verbal confirmation of an injury from the employer or from the insurance carrier as provided by Section 413.014. The rules adopted by the commissioner shall provide that an insurance carrier is eligible for reimbursement for pharmaceutical services paid under this section from the subsequent injury fund in the event the injury is determined not to be compensable. SECTION 2. The changes in law made by this Act apply only to pharmaceutical services provided in conjunction with a claim for workers' compensation benefits based on a compensable injury that occurs on or after the effective date of this Act. Pharmaceutical services provided in conjunction with a claim based on a compensable injury that occurs before that date are governed by the law in effect on the date the compensable injury occurred, and the former law is continued in effect for that purpose. SECTION 3. This Act takes effect September 1, 2011.