Texas DWC Names Proposals on Designated Doctor Rules

The Texas Department of Insurance, Division of Workers’ Compensation announced two rule proposals: amendments to 28 Texas Administrative Code (TAC) Chapter 127, Designated Doctor Procedures and Requirements, and amendments to 28 TAC Section 180.23 to improve the designated doctor program. The rules concern how the designated doctor program operates. The section DWC proposes to repeal, §127.110, has been incorporated into amended §127.100. The proposed amendments and repeal implement Texas Labor Code §§408.0041 and 408.1225, which direct DWC on the operation of the designated doctor program. Section 180.23 implements Labor Code §408.1225, concerning designated doctor certification and training. Neither rule concerns billing or reimbursement—DWC will address billing and reimbursement in future rulemaking.

DWC is also informally proposing updates to three forms:

• DWC Form-032, Request for designated doctor examination;
• DWC Form-067, Designated doctor certification application; and
• DWC Form-068, Designated doctor examination data report.

  The proposed rules will be published in the December 23, 2022, issue of the Texas Register and will be available at www.sos.state.tx.us/texreg/index.shtml once published