Texas Labor Code
§ 402.075 — INCENTIVES; PERFORMANCE-BASED OVERSIGHT
LA § 402.075Title 5. WORKERS' COMPENSATION · Part A. TEXAS WORKERS' COMPENSATION ACT · Ch. 402. OPERATION AND ADMINISTRATION OF WORKERS' COMPENSATION SYSTEM · Art. D. GENERAL POWERS AND DUTIES OF DIVISION AND COMMISSIONER
Statute text
View on source(a)The commissioner by rule shall adopt requirements that:
(1)provide incentives for overall compliance in the workers' compensation system of this state; and
(2)emphasize performance-based oversight linked to regulatory outcomes.
(b)The commissioner shall develop key regulatory goals to be used in assessing the performance of insurance carriers and health care providers. The goals adopted under this subsection must align with the general regulatory goals of the division under this subtitle, such as improving workplace safety and return-to-work outcomes, in addition to goals that support timely payment of benefits and increased communication.
(c)At least biennially, the division shall assess the performance of insurance carriers and health care providers in meeting the key regulatory goals. The division shall examine overall compliance records and dispute resolution and complaint resolution practices to identify insurance carriers and health care providers who adversely impact the workers' compensation system and who may require enhanced regulatory oversight. The division shall conduct the assessment through analysis of data maintained by the division and through self-reporting by insurance carriers and health care providers.
(d)Based on the performance assessment, the division shall develop regulatory tiers that distinguish among insurance carriers and health care providers who are poor performers, who generally are average performers, and who are consistently high performers. The division shall focus its regulatory oversight on insurance carriers and health care providers identified as poor performers.
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Legislative history
Added by Acts 2005, 79th Leg., Ch. 265 (H.B. 7), Sec. 2.018, eff. September 1, 2005.