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Comp
Changes Move Up
Committee approves plan for overhaul in workers'
compensation
11:43 PM CDT on Wednesday, May 25, 2005
By KATHERINE YUNG / The
Dallas Morning News
Texas'
system for treating injured workers moved a giant step closer to
getting an overhaul after a House-Senate conference committee approved
a massive revamp Wednesday.
The bill represents the most sweeping
changes to the state's workers' compensation system since 1989.
The most significant changes include creating a managed-care network
of medical providers and abolishing the state agency that regulates
the system.
Both houses must adopt the measure and Gov. Rick Perry
must sign it before it can become law.
"This agreement represents a major victory for everyone who
has a stake in the workers' compensation system," Mr. Perry
said. "It
will give those hurt on the job the care they deserve at a price
that employers can afford."
Fixing Texas' troubled workers'
compensation system was a top priority of the legislative session,
but agreement came only after intervention
by the governor's office.
Even though the number of injured workers
in Texas has been dropping, the state's workers' compensation system
has been plagued by the
overuse of medical care, difficulties in finding qualified doctors,
soaring costs for businesses and other woes.
Texas is the only state
where workers' compensation insurance is not mandatory for employers.
As a result, many have been exiting
the system, fed up with skyrocketing costs.
In 2004, workers' compensation covered 76 percent of Texas workers,
down from 84 percent in 2001.
And Texas ranks last among states
when it comes to getting injured workers back to work, according
to the Work Loss Data Institute.
The bill was met Wednesday with
enthusiastic support by business groups and the insurance industry.
"We've been sorely in need of this reform for a long time," said
Sam McMurry, workers' comp administrator for Lockheed Martin's
aeronautics division in Texas.
Workers' advocates
But workers' advocates expressed muted support.
"We have hope, but we also have a lot of concern," said
Rick Levy, legal director for the Texas AFL-CIO.
Some groups, including
the Texas Medical Association, declined to comment because they
had not seen details of the bill.
The bill doesn't solve all of
the system's problems. For example, it only slightly modifies the
way medical disputes are handled.
And it doesn't increase the maximum weekly income benefit by
as much as some workers had hoped.
But legislators are betting
that the formation of a network of medical providers will go a
long way toward solving many of the
system's drawbacks.
They hope a network will attract more high-quality
doctors and other providers. Many had fled the system in 2003 because
of
reduced payments, increased paperwork and other bureaucratic
hassles.
Under a network, insurers would negotiate fees with medical
providers, potentially resulting in higher pay and less paperwork.
A network
system would also establish firm guidelines for treating injured
workers, which could help reduce the number of disputes over
medical care.
And by providing better care, a network would reduce the overuse
of medical services, said Don Rich, personnel director at General
Motors Corp.'s Arlington assembly plant, which spends $8 million
a year on workers' compensation costs.
Other states
Texas isn't the first state to embrace a network.
Colorado and several other states are trying to reduce costs and
improve the
quality of care by mandating them. Participation in Texas' network
will not be mandatory.
A handful of studies have shown that networks
significantly reduce medical costs, said Richard Victor, executive
director of the
Workers' Compensation Research Institute. But the effect on quality
of care
is less clear, he said.
"Managed care in general health care has not been something
that has been met with great satisfaction by most people," warned
Mr. Levy of the AFL-CIO.
Much of the network's effectiveness will
depend on how it is set up and regulated, experts said.
In addition
to a network, legislators agreed to set up a disability management
program, said Steve Nichols, manager of workers'
compensation services at the Insurance Council of Texas.
Under
this provision, insurance carriers, employers and medical providers
will work together to ensure that injured workers
get the care they need so they can go back to work. Many
large companies
already have these kinds of programs.
Other than the formation
of a network, the bill's most significant change involves abolishing
the Texas Workers'
Compensation
System and moving its duties to a newly created division
of the Texas
Department of Insurance.
Legislators had adopted this
approach to improve the efficiency and responsiveness of the
workers' compensation
system,
which many injured workers have found to be confusing
and complicated.
This kind of setup is common in 31
other states, where workers' compensation is part of larger state
agencies.
Staff writer Christy Hoppe contributed to this story.
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