Site icon 2021 Texas Workers’ Comp Market Annual Report

2021 Regulatory Activities-May 2021 through April 2022

DWC on the move  
In April 2021, DWC announced that the agency would be moving its offices to the Capitol Complex, 1601 Congress Ave., Austin, Texas in the summer of 2022. DWC also announced its new mailing address and asked that system participants begin using the address immediately:  

Texas Department of Insurance, Division of Workers’ Compensation  
P.O. Box 12050  
Austin, TX 78711  

DWC Updates Forms & Correspondence Ahead of Summer 2022 Move 
On April 19, 2021, DWC issued Commissioner’s Bulletin #B-0012-21 letting system participants know that DWC headquarters will be moving to the Capitol Complex in Austin in the summer of 2022. The move requires updates to correspondence (such as hearing notices, official action orders, and complaints and investigation letters) to use new letterhead and mailing address. In this process DWC is also modernizing for plain language, font size, and other changes.  

DWC Adopts Amendments to 28 TAC §141.1 
DWC adopted amendments to 28 TAC §141.1, relating to requesting and setting a Benefit Review Conference (BRC). HB 1742, which passed during the 87th legislative session provided for BRCs to be conducted via videoconference or in person if a requesting party shows good cause. The adopted amendments conform to these changes in §410.005, Labor Code. This was effective Dec. 9, 2021.  

DWC Adopts Amendments to 28 TAC 102, §§102.4, 102.5, and 102.8; Chapter 124, §124.2; and new Subchapter B in Chapter 124 
DWC adopted amendments to 28 TAC Chapter 102, §§102.4, 102.5, and 102.8; Chapter 124, §124.2; and new Subchapter B in Chapter 124 to update and enhance its data collection methods. The purpose of the adoption is to update the outdated workers’ compensation claim EDI reporting standard from the currently required International Association of Industrial Accident Boards and Commissions (IAIABC) Release 1.0 to IAIABC Release 3.1.4. Provisions related to the implementation of EDI Releases 3.1.4 reporting are effective July 26, 2023.  

*ICT submitted comments on the informal draft of these amendments in December 2020. In the comments ICT expressed support of IAIABC standard of implementation one year post publishing of the final EDI tables, as well as encouragement to avoid overlap with other jurisdictions implementing dates for claims EDI release 3.1. The effective date of implementation is consistent with ICT’s comments.  

DWC Readopted All Sections in 28 TAC Chapters 160, 165, 166, and 180 
DWC has readopted all sections in 28 TAC Chapters 160, 165, 166, and 180. This is part of the statutorily required rule review that a state agency must do every four years. There were no comments or feedback from ICT members regarding the adoption.  

TDI Adopts New 28 TAC §§1.1301 and 1.1302 
In May of 2021, TDI adopted new 28 TAC §1.1301, relating to electronic submissions made to the TDI, and new §1.1302, relating to electronic communications from TDI. The rule requires individuals, agencies, and companies regulated by TDI to designate an email address for official communications from TDI. The rule also allows electronic submissions to TDI in most cases where a paper method was previously required. The rules are effective Jan. 1, 2022.  

*ICT and AFACT filed comments regarding the proposed rules expressing general support but suggesting a stakeholder meeting before implementation. While TDI did not agree that a stakeholder meeting was necessary, they did change the text of §1.1302 making the requirement that all regulated persons provide to TD.I an email address designated for receipt for official communications applicable beginning Jan. 1, 2022.  

ICT Comments on DWC Rule Review 
In October 2021, the DWC requested input on rule amendments for consideration during the interim. The ICT Workers’ Compensation committee met and, as a result, ICT submitted for consideration proposals for the following rules (Still pending as of May 10, 2022):  

NCCI Adoptions 

FY 2022 Research Agenda for the Workers’ Compensation Research and Evaluation (REG) Group

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