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Texas Labor Code

§ 409.0091 — REIMBURSEMENT PROCEDURES FOR CERTAIN ENTITIES

LA § 409.0091Title 5. WORKERS' COMPENSATION · Part A. TEXAS WORKERS' COMPENSATION ACT · Ch. 409. COMPENSATION PROCEDURES · Art. A. INJURY REPORTS, CLAIMS, AND RECORDS

Statute text

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(a)In this section, "health care insurer" means an insurance carrier and an authorized representative of an insurance carrier, as described by Section 402.084(c-1).
(b)This section applies only to a request for reimbursement by a health care insurer.
(c)Health care paid by a health care insurer may be reimbursable as a medical benefit.
(d)Except as provided by Subsection (e), this section does not prohibit or limit a substantive defense by a workers' compensation insurance carrier that the health care paid for by the health care insurer was not a medical benefit or not a correct payment. A subclaimant may not be reimbursed for payment for any health care that was previously denied by a workers' compensation insurance carrier under:
(1)a preauthorization review of the specific service or medical procedure; or
(2)a medical necessity review that determined the service was not medically necessary for the treatment of a compensable injury.

Legislative history

Acts 2017, 85th Leg., R.S., Ch. 839 (H.B. 2111), Sec. 2, eff. September 1, 2017.