There is a bill pending with the Texas legislature this session that would authorize a $100 no-show fee when an injured employee misses a state-ordered medical examination. Currently the law doe snot allow for the doctor to be paid when the state orders an exam with an injured employee and the employee fails to attend the exam. The penalty is assessed to the employee in that he or she loses temporary income benefits until the exam is made up, unless there is good cause.
The filed bill provides as follows:
Texas lawmakers have proposed legislation that would impose a fee on workers compensation insurers in cases where injured workers fail or refuse to appear for independent medical examinations.
House Bill 2702, which was filed Thursday, would mandate that insurers pay doctors a minimum of $100 when employees do not appear at scheduled medical exams in comp claims.
The bill authorizes the workers compensation commissioner to adjust fees for inflation no later than Jan. 31 of each even-numbered year beginning in 2026, and the adjusted amount must be based upon the Medicare Economic Index for the preceding 24-month period.
This seems unlikely to pass in the insurance-friendly Texas legislature, but on the other hand, the state is experiencing a grave shortage in doctors willing to enlist to perform these examinations. Part of the reluctance to participate arises out of the poor compensation afforded to these doctors. And when you combine that with the prospect of losing money by blocking out a day for these exams, only to have one or more workers no-show for no good reason, it may be in the best interests of insurance carriers not to oppose this change as it is a trivial cost in exchange for possibly increasing physician participation in these examination programs.
Comments