SB454 - Relating to the eligibility of a firefighter or emergency medical technician for workers' compensation benefits for infertility.

  89R607 KKR-D     By: Middleton S.B. No. 454       A BILL TO BE ENTITLED   AN ACT   relating to the eligibility of a firefighter or emergency medical   technician for workers' compensation benefits for infertility.          BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:          SECTION 1.  Subchapter A, Chapter 408, Labor Code, is   amended by adding Section 408.009 to read as follows:           Sec.   408.009.     PRESUMPTION OF COMPENSABILITY OF INFERTILITY   FOR FIREFIGHTERS AND EMERGENCY MEDICAL TECHNICIANS. (a)   In this   section:                 (1)     "Firefighter" and "emergency medical technician"   have the meanings assigned by Section 607.051, Government Code.                 (2)     "Infertility" means a disease of the male or   female reproductive system defined by the failure to achieve a   pregnancy after at least 12 months of regular unprotected sexual   intercourse.           (b)     A firefighter or emergency medical technician who   suffers from infertility is presumed to have developed infertility   during the course and scope of employment as a firefighter or   emergency medical technician if the firefighter or emergency   medical technician:                 (1)     regularly responded on the scene to calls   involving fires or firefighting; or                 (2)     regularly responded to events involving the   documented release of radiation or a known or suspected carcinogen   while the person was employed as a firefighter or emergency medical   technician.          SECTION 2.  Section 409.021(a-3), Labor Code, is amended to   read as follows:          (a-3)  An insurance carrier is not required to comply with   Subsection (a) if the claim results from an employee's disability   or death for which a presumption is claimed to be applicable under   Section 408.009 of this code or Subchapter B, Chapter 607,   Government Code, and, not later than the 15th day after the date on   which the insurance carrier received written notice of the injury,   the insurance carrier has provided the employee and the division   with a notice that describes all steps taken by the insurance   carrier to investigate the injury before the notice was given and   the evidence the carrier reasonably believes is necessary to   complete its investigation of the compensability of the   injury.  The commissioner shall adopt rules as necessary to   implement this subsection.          SECTION 3.  Section 415.021(c-2), Labor Code, is amended to   read as follows:          (c-2)  In determining whether to assess an administrative   penalty involving a claim in which the insurance carrier provided   notice under Section 409.021(a-3), the commissioner shall consider   whether:                (1)  the employee cooperated with the insurance   carrier's investigation of the claim;                (2)  the employee timely authorized access to the   applicable medical records before the insurance carrier's deadline   to:                      (A)  begin payment of benefits; or                      (B)  notify the division and the employee of the   insurance carrier's refusal to pay benefits; and                (3)  the insurance carrier conducted an investigation   of the claim, applied the statutory presumptions under Section   408.009 of this code or Subchapter B, Chapter 607, Government Code,   and expedited medical benefits under Section 504.055.          SECTION 4.  Section 408.009, Labor Code, as added by this   Act, applies only to a claim for workers' compensation benefits   filed on or after the effective date of this Act. A claim filed   before that date is governed by the law as it existed on the date the   claim was filed, and the former law is continued in effect for that   purpose.          SECTION 5.  This Act takes effect immediately if it receives   a vote of two-thirds of all the members elected to each house, as   provided by Section 39, Article III, Texas Constitution.  If this   Act does not receive the vote necessary for immediate effect, this   Act takes effect September 1, 2025.