87(R) HB 396 - Engrossed version - Bill Text

	By:  Moody, Guillen, Howard, Canales	H.B.  No.  396

	A BILL TO BE ENTITLED
	AN ACT
	relating to the eligibility of nurses for workers' compensation
	benefits for coronavirus disease (COVID-19) and payment of those
	benefits.
	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.    REBUTTABLE PRESUMPTION OF COMPENSABILITY OF
	CORONAVIRUS DISEASE (COVID-19) FOR NURSES. (a) In this section,
	"nurse" means an individual licensed under Chapter 301, Occupations
	Code.
	(b)    A nurse, including a nurse employed by a state agency or
	a political subdivision of this state, who suffers from coronavirus
	disease (COVID-19) on or after February 1, 2020, resulting in
	disability or death is presumed to have contracted the disease
	during the course and scope of employment as a nurse if the nurse:
	(1)    is assigned:
	(A)    to treat a patient diagnosed with the
	disease; or
	(B)    to duties that require the nurse to come in
	contact with a patient diagnosed with the disease;
	(2)    contracts the disease not later than the 14th day
	following the date the nurse treated or came in contact with the
	patient; and
	(3)    before diagnosis did not decline or refuse to
	receive a preventative immunization against the disease, unless the
	nurse declined or refused the immunization because the immunization
	was medically contraindicated.
	(c)    The presumption under Subsection (b) may be rebutted
	through a showing by a preponderance of the evidence that a risk
	factor, accident, hazard, or other cause not associated with the
	individual's employment as a nurse was a substantial factor in
	bringing about the individual's disease or illness, without which
	the disease or illness would not have occurred.
	(d)    A rebuttal offered under Subsection (c) must include a
	statement by the person offering the rebuttal that describes, in
	detail, the evidence that the person reviewed before making the
	determination that a cause not associated with the individual's
	employment as a nurse was a substantial factor in bringing about the
	individual's disease or illness, without which the disease or
	illness would not have occurred.
	(e)    In addressing an argument based on a rebuttal offered
	under Subsection (c), an administrative law judge shall make
	findings of fact and conclusions of law that consider whether a
	qualified expert, relying on evidence-based medicine, stated the
	opinion that, based on reasonable medical probability, an
	identified risk factor, accident, hazard, or other cause not
	associated with the individual's employment as a nurse was a
	substantial factor in bringing about the individual's disease or
	illness without which the disease or illness would not have
	occurred.
	SECTION  2.    Section 408.181(b), Labor Code, is amended to
	read as follows:
	(b)    Subject to Sections [Section] 408.061 and 408.1811, the
	amount of a death benefit is equal to 75 percent of the employee's
	average weekly wage.
	SECTION  3.    Subchapter J, Chapter 408, Labor Code, is
	amended by adding Section 408.1811 to read as follows:
	Sec.  408.1811.    DEATH BENEFITS FOR CERTAIN NURSES.
	Notwithstanding Section 408.181, in lieu of any other benefits to
	which a beneficiary is entitled under this subchapter, the amount
	of a death benefit paid to the legal beneficiary of a nurse who
	suffered from coronavirus disease (COVID-19) on or after February
	1, 2020, resulting in death is $500,000 in a lump sum.
	SECTION  4.    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
	inj