State News : Texas

NWCDN is a network of law firms dedicated to protecting employers in workers’ compensation claims.


NWCDN Members regularly post articles and summary judgements in workers’ compensations law in your state.  


Select a state from the dropdown menu below to scroll through the state specific archives for updates and opinions on various workers’ compensation laws in your state.


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Texas

STONE LOUGHLIN & SWANSON, LLP

  512-343-1385


Division reminds carriers of their obligation to pay for preventative treatment 

 

On April 23, 2024, TDI-DWC’s General Counsel, Kara Mace, issued a memorandum to system participants regarding preventative treatment claims handling. In it, Ms. Mace stated that the Division “would like to remind insurance carriers of the rules associated with preventative treatment related to a physical injury and workers’ compensation claims handling.”

The memo notes that preventative treatment “may include medications such as rabies vaccines, tetanus shots, and post-exposure prophylaxis that are prescribed by a health care provider.” It also states that “an insurance carrier must follow treatment guidelines and pay for specified pharmaceutical services sufficient for the first seven days following the date of injury, regardless of issues of liability for or compensability of the injury,” citing Texas Labor Code §413.011 and DWC rules 134.501 and 137.100.
 
Rule 134.501, titled Initial Pharmaceutical Coverage, provides in part that:

The insurance carrier . . . shall pay for specified pharmaceutical services sufficient for the first seven days following the date of injury, regardless of issues of liability for or compensability of the injury that the carrier may have, if, prior to providing the pharmaceutical services, the health care provider  . . . obtains both a verification of insurance coverage, and an oral or written confirmation that an injury has been reported.

. . . Specified pharmaceutical services are prescription drugs and over-the-counter medications prescribed by a doctor that cure or relieve the effects naturally resulting from the compensable injury, promote recovery, or enhance the ability of the employee to return to or retain employment.

Ms. Mace ends the memo by noting that “failure to properly handle preventative treatment claims under these rules and other applicable laws may result in the assessment of administrative penalties not to exceed $25,000 per day per occurrence.”
 

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