LABOR CODE
CHAPTER 414. DIVISION OF COMPLIANCE AND PRACTICES
§ 414.001. DEFINITION. In this chapter, "division"
means the division of compliance and practices.
Acts 1993, 73rd Leg., ch. 269, § 1, eff. Sept. 1, 1993.
§ 414.002. MONITORING DUTIES. (a) The division shall
monitor for compliance with commission rules, this subtitle, and
other laws relating to workers' compensation the conduct of persons
subject to this subtitle, other than persons monitored by the
division of medical review. Persons to be monitored include:
(1) persons claiming benefits under this subtitle;
(2) employers;
(3) insurance carriers; and
(4) attorneys and other representatives of parties.
(b) The division shall monitor conduct described by
Sections 415.001, 415.002, and 415.003 and refer persons engaging
in that conduct to the division of hearings.
(c) The division shall monitor payments made to health care
providers on behalf of workers' compensation claimants who receive
medical services to ensure that the payments are made on time as
required by Section 408.027.
Acts 1993, 73rd Leg., ch. 269, § 1, eff. Sept. 1, 1993.
§ 414.003. COMPILATION AND USE OF
INFORMATION. (a) The division shall compile and maintain
statistical and other information as necessary to detect practices
or patterns of conduct by persons subject to monitoring under this
chapter that:
(1) violate this subtitle or commission rules; or
(2) otherwise adversely affect the workers'
compensation system of this state.
(b) The commission shall use the information compiled under
this section to impose appropriate penalties and other sanctions
under Chapters 415 and 416.
Acts 1993, 73rd Leg., ch. 269, § 1, eff. Sept. 1, 1993.
§ 414.004. PERFORMANCE REVIEW OF INSURANCE
CARRIERS. (a) The division shall review regularly the workers'
compensation records of insurance carriers as required to ensure
compliance with this subtitle.
(b) Each insurance carrier, the carrier's agents, and those
with whom the carrier has contracted to provide, review, or monitor
services under this subtitle shall:
(1) cooperate with the division;
(2) make available to the division any records or
other necessary information; and
(3) allow the division access to the information at
reasonable times at the person's offices.
(c) The insurance carrier, other than a governmental
entity, shall pay the reasonable expenses, including travel
expenses, of an auditor who audits the workers' compensation
records at the office of the insurance carrier.
Acts 1993, 73rd Leg., ch. 269, § 1, eff. Sept. 1, 1993.
§ 414.005. INVESTIGATION UNIT. The division shall
maintain an investigation unit to conduct investigations relating
to alleged violations of this subtitle or commission rules, with
particular emphasis on violations of Chapters 415 and 416.
Acts 1993, 73rd Leg., ch. 269, § 1, eff. Sept. 1, 1993.
§ 414.006. REFERRAL TO OTHER AUTHORITIES. For further
investigation or the institution of appropriate proceedings, the
division may refer the persons involved in a case subject to an
investigation to:
(1) the division of hearings; or
(2) other appropriate authorities, including
licensing agencies, district and county attorneys, or the attorney
general.
Acts 1993, 73rd Leg., ch. 269, § 1, eff. Sept. 1, 1993.
§ 414.007. REVIEW OF REFERRALS FROM DIVISION OF MEDICAL
REVIEW. The division shall review information and referrals
received from the division of medical review concerning alleged
violations of this subtitle and, under Sections 414.005 and 414.006
and Chapters 415 and 416, may conduct investigations, make
referrals to other authorities, and initiate administrative
violation proceedings.
Acts 1993, 73rd Leg., ch. 269, § 1, eff. Sept. 1, 1993.
