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TOA
President's
Update: Workers' Compensation Bills
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By Timothy L. Beck, MD
President, Texas Orthopaedic Association
Bills are already being filed for the
81st Legislative Session. Michael Reed, with TMA has informed us these
Workers' Compensation bills need to be watched.
Four House Bills Target Nonsubscriber Practices |
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Rep. David Leibowitz, D-San Antonio, has
pre-filed a quartet of bills dealing with nonsubscribers to the workers'
compensation system, including measures banning retaliation against
injured workers, prohibiting agreements that could abridge workers'
rights and requiring data on injuries to be filed with the state.
The measures track similar, and unsuccessful, legislation the lawmaker
introduced in 2007. The 2009 legislative session begins Jan. 13.
The bills filed by Leibowitz include:
HB 32, prohibiting discrimination against certain employees who
sustain an injury in the course and scope of employment.
HB 33, implementing certain requirements for employers not
covered by workers' compensation insurance.
HB 34, enforceability of certain contracts between an employer
who does not have workers' compensation coverage and an employee of the
employer.
HB 35, reporting requirements for employers not covered by
workers' compensation insurance.
The text of the bills had not been posted to the legislative website on
Tuesday.
The bills are similar to legislation offered by Leibowitz in the regular
session two years ago.
HB 32 provides that an employer who doesn't carry workers'
compensation insurance may not discharge or otherwise discriminate
against an employee who files a lawsuit to recover for a workplace
injury.
HB 33 combines various provisions of HBs 32 and 34. HB 34
provides that a contract between a worker and a nonsubscriber is
"unconscionable and unenforceable" if it affects the employee's rights
to recover for damages and is signed before the 10th day after the cause
of action arises.
HB 35 is similar to legislation filed in the 2007 session that
deals with injured workers' medical information.
The workers' compensation commissioner would promulgate forms and rules
for the reports.
In the 2007 legislative session, Leibowitz offered a similar package of
bills including:
HB 1730, enforceability of certain contracts between an employer
who does not have workers' compensation coverage and an employee of the
employer.
HB 1731, reporting requirements for employers not covered by
workers' compensation insurance.
HB 2298, discrimination by nonsubscribing employers against
injured employees.
HB 2423, prohibiting requiring employees of nonsubscribing
employers to waive rights.
Above information provided by
Michael Reed, MPA, MBA, Director of Healthcare Delivery Systems
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Texas Medical Association
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Call for 2009
Washington Health Policy Fellows Applications
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The American
Academy of Orthopaedic Surgeons (AAOS) is currently accepting
applications for the 2009 AAOS Washington Health Policy Fellowship
Program.
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The fellowship
provides an outstanding opportunity for exceptional senior
orthopaedic residents and fellows-in-training with an interest in
health care policy to take part in and understand the health
policy processes at the federal level. The program will fund up to
two orthopaedic residents per year and provide them the
opportunity to work in the legislative and regulatory arenas
during a 12-month period beginning in late April 2009. Attendance
at some AAOS meetings, such as the National Orthopaedic Leadership
Conference is required. The AAOS Office of Government Relations
will work with the selected applicants to design a flexible
program that meets his/her needs, interests and schedule.
Please alert
resident members of your department about this exciting
opportunity. The deadline for the submission of
applications is December 31, 2008.
For more information and application
materials, please visit the AAOS website by clicking
here, or contact Jeanie Kennedy, Manager of Regulatory Affairs,
American Academy of Orthopaedic Surgeons, at (202) 546-4430 or via
email.
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This Week In Texas: Mignon
McGarry Memos
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By Mignon McGarry
TOA Legislative Advocate
TOA Online Version: All Memos
November 12, 2008, Wednesday
For now, the Texas House
partisan balance sits at 76 Republicans and 74 Democrats after
incumbent Rep. Linda
Harper-Brown (R-Irving)
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maintained her small lead in the House
District 105 race. A Dallas County ballot board accepted 61
provisional ballots, resulting in her lead of 20 votes. Democrat
Bob Romano has announced that he will request a recount after the
final votes are canvassed on November 19th. Candidates
have until two days after that final canvass to ask for a recount.
There is also the possibility of a recount in the House District 11
race where Rep. Chuck Hopson
(D-Jacksonville) defeated Republican Brian Walker by 104 votes after
the provisional ballots were counted. Once a recount is finished,
candidates can contest the election. The Texas House has
jurisdiction over such a contest, which could mean the election
won't be finalized until after the Legislature convenes in
January. A key factor in a Speaker's race should be noted - the
winner before the results are contested is expected to take the seat
in January and remain until the contest is resolved.
Now that the election
results are in, the talk in Austin continues to revolve around the
identity of the next Speaker of the House. So far, there are nine
official candidates. Republican candidates include current
Speaker Tom Craddick
(R-Midland), Rep. Delwin Jones
(R-Lubbock), Rep. Jim
Keffer (R-Eastland) and
Rep. Tommy Merritt (R-Longview). The Democrats include
Rep. Pete Gallego
(D-Alpine), Rep. Scott Hochberg
(D-Houston), Rep. Allan
Ritter (D- Nederland),
Rep. Senfronia Thompson (D-Houston) and
Rep. Sylvester Turner
(D-Houston). By official, we mean the candidates have filed paperwork
with the Texas Ethics Commission declaring themselves as candidates
for Speaker.
PLEASE REMEMBER…
Bill filing has
begun. On Monday, the first day of filing, 423 bills were filed.
Expect a steady stream of bills to be filed as session approaches.
Please keep in mind that we are at the very beginning of a lengthy
process. Bills that have already been filed have no greater chance of
passage than a bill filed on March 13th, the last day for
bill filing. To
keep up on the latest bill information - make sure to visit the
TOA Bill Tracker page on the
TOA website on a
regular basis as it's updated every
Friday, with the exception of holidays and unforeseen legislative
disaster, from now through June 1, the end of session. If you would
like to view the text of the bill, simply click on the bill number and
you will be taken to the bill text on the Texas Legislature Online
website!
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2008 PQRI National Provider Question & Answer Session
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The Centers for
Medicare & Medicaid Services' (CMS) Provider Communications Group will
host the eighth in a series of national provider conference calls that
began in November of 2007 on the 2008 Physician Quality Reporting
Initiative (PQRI). This toll-free call will take place from 1:30 p.m.
– 3:30 p.m., EST, on Thursday, November 20, 2008.
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Following a short presentation, the lines will be opened to allow
participants to ask questions of CMS PQRI subject matter experts.
Educational products are available on
the PQRI dedicated web page located
here, on the
CMS website, in the Educational Resources section. Feel free to download
the resources prior to the call so that you may ask questions of the
presenters, Dr. Michael Rapp and Dr. Daniel Green.
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Conference call details: |
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Date: |
November 20, 2008 |
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Conference Title: |
2008 Physician Quality Reporting
Initiative National Provider Call |
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Time: |
1:30-3:30 p.m. EST |
In order to receive the call-in information, you must register for the
call. It is important to note that if you are planning to sit in with a
group, only one person needs to register to receive the call-in data.
This registration is solely to reserve a phone line, NOT to allow
participation. If you cannot attend the call, replay information is
available below.
Registration will close at 1:30 p.m. EST on November 19, 2008, or when
available space has been filled. No exceptions will be made, so please
be sure to register prior to this time.
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To register for the call participants
need click
here.
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Fill in all required data.
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Verify your time zone is displayed
correctly the drop down box.
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Click "Register".
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You will be taken to the "Thank you
for registering" page and will receive a confirmation email shortly
thereafter. Note: Please print and save this page, in the event that
your server blocks the confirmation emails. If you do not receive the
confirmation email, please check your spam/junk mail filter as it may
have been directed there.
For those of you who will be unable to
attend, a replay option will be available shortly following the end of
the call. This replay will be accessible from 2:30 p.m. EST 11/20/2008
until 11:59 p.m. EST 11/27/2008. The call in data for the replay is
(800) 642-1687 or (706) 645-9291 and the passcode is 69793299.
Visit the
Medicare
Learning Network ~ it's free!
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Gov. Perry Appoints Baucom to Texas Medical Board
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AUSTIN – Gov.
Rick Perry has appointed David Baucom of Sulphur Springs to
the Texas Medical Board for a term to expire April 13, 2009.
The board protects and enhances the public's health, safety
and welfare by establishing and maintaining standards of
excellence used in regulating the practice of medicine and
ensuring quality health care for the citizens of Texas. |
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Baucom is president of Baucom
Insurance Services Inc. He is a member of the Independent
Insurance Agents of Texas, a founding director of First
American Mortgage Company and a past director of First
American Bank. He is also a past member of the Sulphur Springs
City Council, past mayor of Sulphur Springs and president of
the Sulphur River Basin Authority. Baucom served in the U.S.
Army National Guard. He received a bachelor's degree from
Baylor University. He replaces Melinda Fredricks of Conroe.
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3,800 UTMB Employees To Be Laid
Off
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Most of the lost jobs
will reportedly come from the hospital
By JEANNIE KEVER Copyright 2008 Houston Chronicle
Nov. 12, 2008, 3:50PM
The governing board of the University of Texas voted this
afternoon to lay off 3,800 employees at Galveston's
University of Texas Medical Branch in the wake of
devastating damage from Hurricane Ike.
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But
several regents reaffirmed their commitment to keeping the
medical school on the island.
"We have a
medical school that will continue to operate ... and a
foremost research enterprise," regent Colleen McHugh said.
"We're going to keep UTMB on Galveston Island."
Dr.
Kenneth Shine, interim chancellor of the UT system, said he
was optimistic that most of the people laid off will be able
to find work at other health care institutions. "The health
care industry tends to be maintained even through an economic
downturn," he said.
Most of
the lost jobs will come from the hospital, which is reopening
in stages but will be much smaller than its earlier
incarnation. A few faculty members will be laid off, but Shine
said they will remain on the payroll through the end of the
academic year.
Since the
storm, expenses at UTMB have run about $40 million a month
above revenue, and regents noted that it is projected to run
out of money within three months.
UTMB has
about 12,500 employees, about 8,000 of whom work on the
island, spokeswoman Marsha Canright said. As of Monday, almost
3,000 remained off the job due to storm damage but were still
being paid.
The school
reported about $710 million in damage from Ike.
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