H.B. No. 2111         AN ACT   relating to changing statutory references to hearing officer and   hearings officer to administrative law judge under the workers'   compensation system.          BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:          SECTION 1.  Section 1305.356(b), Insurance Code, is amended   to read as follows:          (b)  At a contested case hearing held under Subsection (a),   the administrative law judge [hearing officer] conducting the   hearing shall consider evidence-based treatment guidelines adopted   by the network under Section 1305.304.          SECTION 2.  Section 409.0091(m), Labor Code, is amended to   read as follows:          (m)  In a dispute filed under Chapter 410 that arises from a   subclaim under this section, an administrative law judge [a hearing   officer] may issue an order regarding compensability or eligibility   for benefits and order the workers' compensation insurance carrier   to reimburse health care services paid by the health care insurer as   appropriate under this subtitle.  Any dispute over the amount of   medical benefits owed under this section, including medical   necessity issues, shall be determined by medical dispute resolution   under Sections 413.031 and 413.032.          SECTION 3.  Section 410.152, Labor Code, is amended to read   as follows:          Sec. 410.152.  ADMINISTRATIVE LAW JUDGES [HEARING   OFFICERS]; QUALIFICATIONS. (a) An administrative law judge [A   hearing officer] shall conduct a contested case hearing.          (b)  An administrative law judge [A hearing officer] must be   licensed to practice law in this state.          SECTION 4.  Section 410.156(b), Labor Code, is amended to   read as follows:          (b)  A party commits an administrative violation if the   party, without good cause as determined by the administrative law   judge [hearing officer], does not attend a contested case hearing.          SECTION 5.  Section 410.158(a), Labor Code, is amended to   read as follows:          (a)  Except as provided by Section 410.162, discovery is   limited to:                (1)  depositions on written questions to any health   care provider;                (2)  depositions of other witnesses as permitted by the   administrative law judge [hearing officer] for good cause shown;   and                (3)  interrogatories as prescribed by the   commissioner.          SECTION 6.  Section 410.162, Labor Code, is amended to read   as follows:          Sec. 410.162.  ADDITIONAL DISCOVERY. For good cause shown,   a party may obtain permission from the administrative law judge   [hearing officer] to conduct additional discovery as necessary.          SECTION 7.  Section 410.163, Labor Code, is amended to read   as follows:          Sec. 410.163.  POWERS AND DUTIES OF ADMINISTRATIVE LAW JUDGE   [HEARING OFFICER]. (a) At a contested case hearing the   administrative law judge [hearing officer] shall:                (1)  swear witnesses;                (2)  receive testimony;                (3)  allow examination and cross-examination of   witnesses;                (4)  accept documents and other tangible evidence; and                (5)  allow the presentation of evidence by affidavit.          (b)  An administrative law judge [A hearing officer] shall   ensure the preservation of the rights of the parties and the full   development of facts required for the determinations to be made. An   administrative law judge [A hearing officer] may permit the use of   summary procedures, if appropriate, including witness statements,   summaries, and similar measures to expedite the proceedings.          SECTION 8.  Section 410.164(c), Labor Code, is amended to   read as follows:          (c)  At each contested case hearing, as applicable, the   insurance carrier shall file with the administrative law judge   [hearing officer] and shall deliver to the claimant a single   document stating the true corporate name of the insurance carrier   and the name and address of the insurance carrier's registered   agent for service of process. The document is part of the record of   the contested case hearing.          SECTION 9.  Section 410.165, Labor Code, is amended to read   as follows:          Sec. 410.165.  EVIDENCE.  (a)  The administrative law judge   [hearing officer] is the sole judge of the relevance and   materiality of the evidence offered and of the weight and   credibility to be given to the evidence. Conformity to legal rules   of evidence is not necessary.          (b)  An administrative law judge [A hearing officer] may   accept a written statement signed by a witness and shall accept all   written reports signed by a health care provider.          SECTION 10.  Section 410.167, Labor Code, is amended to read   as follows:          Sec. 410.167.  EX PARTE CONTACTS PROHIBITED. A party and an   administrative law judge [a hearing officer] may not communicate   outside the contested case hearing unless the communication is in   writing with copies provided to all parties or relates to   procedural matters.          SECTION 11.  Sections 410.168(a), (c), (d), and (e), Labor   Code, are amended to read as follows:          (a)  The administrative law judge [hearing officer] shall   issue a written decision that includes:                (1)  findings of fact and conclusions of law;                (2)  a determination of whether benefits are due; and                (3)  an award of benefits due.          (c)  The administrative law judge [hearing officer] may   enter an interlocutory order for the payment of all or part of   medical benefits or income benefits. The order may address accrued   benefits, future benefits, or both accrued benefits and future   benefits. The order is binding during the pendency of an appeal to   the appeals panel.          (d)  On a form that the commissioner by rule prescribes, the   administrative law judge [hearing officer] shall issue a separate   written decision regarding attorney's fees and any matter related   to attorney's fees.  The decision regarding attorney's fees and the   form may not be made known to a jury in a judicial review of an   award, including an appeal.          (e)  The commissioner by rule shall prescribe the times   within which the administrative law judge [hearing officer] must   file the decisions with the division.          SECTION 12.  Section 410.169, Labor Code, is amended to read   as follows:          Sec. 410.169.  EFFECT OF DECISION. A decision of an   administrative law judge [a hearing officer] regarding benefits is   final in the absence of a timely appeal by a party and is binding   during the pendency of an appeal to the appeals panel.          SECTION 13.  Sections 410.202(a) and (c), Labor Code, are   amended to read as follows:          (a)  To appeal the decision of an administrative law judge [a   hearing officer], a party shall file a written request for appeal   with the appeals panel not later than the 15th day after the date on   which the decision of the administrative law judge [hearing   officer] is received from the division and shall on the same date   serve a copy of the request for appeal on the other party.          (c)  A request for appeal or a response must clearly and   concisely rebut or support the decision of the administrative law   judge [hearing officer] on each issue on which review is sought.          SECTION 14.  Section 410.203(b), Labor Code, is amended to   read as follows:          (b)  The appeals panel may:                (1)  reverse the decision of the administrative law   judge [hearings officer] and render a new decision;                (2)  reverse the decision of the administrative law   judge [hearings officer] and remand the case to the administrative   law judge [hearing officer] for further consideration and   development of evidence; or                (3)  affirm the decision of the administrative law   judge [hearings officer] in a case described by Section   410.204(a-1).          SECTION 15.  Sections 410.204(a-1) and (c), Labor Code, are   amended to read as follows:          (a-1)  An appeals panel may only issue a written decision in   a case in which the panel affirms the decision of an administrative   law judge [a hearings officer] if the case:                (1)  is a case of first impression;                (2)  involves a recent change in law; or                (3)  involves errors at the contested case hearing that   require correction but do not affect the outcome of the hearing,   including:                      (A)  findings of fact for which insufficient   evidence exists;                      (B)  incorrect conclusions of law;                      (C)  findings of fact or conclusions of law   regarding matters that were not properly before the administrative   law judge [hearings officer]; and                      (D)  legal errors not otherwise described by this   subdivision.          (c)  If the appeals panel does not issue a decision in   accordance with this section, the decision of the administrative   law judge [hearing officer] becomes final and is the final decision   of the appeals panel.          SECTION 16.  Sections 413.0311(b), (c), and (d), Labor Code,   are amended to read as follows:          (b)  A party to a medical dispute described by Subsection (a)   is entitled to a contested case hearing.  A contested case hearing   under this section shall be conducted by an administrative law   judge [a hearings officer] in the manner provided for contested   case hearings under Subchapter D, Chapter 410.  Notwithstanding   Section 410.024, a benefit review conference is not a prerequisite   to a contested case hearing under this section.          (c)  The decision of an administrative law judge [a hearings   officer] under this section is final in the absence of a timely   appeal by a party for judicial review under Subsection (d).          (d)  A party who has exhausted all administrative remedies   under Section 413.031 and this section and who is aggrieved by a   final decision of the administrative law judge [hearings officer]   under Subsection (c) may seek judicial review of the decision.     Judicial review under this subsection shall be conducted in the   manner provided for judicial review of a contested case under   Subchapter G, Chapter 2001, Government Code, except that the party   seeking judicial review under this section must file suit not later   than the 45th day after the date on which the division mailed the   party the decision of the administrative law judge [hearings   officer].  For purposes of this subsection, the mailing date is   considered to be the fifth day after the date the decision of the   administrative law judge [hearings officer] was filed with the   division.          SECTION 17.  Section 504.054(b), Labor Code, is amended to   read as follows:          (b)  The administrative law judge [hearing officer]   conducting the contested case hearing under Subsection (a) shall   consider any treatment guidelines adopted by the political   subdivision or pool that provides medical benefits under Section   504.053(b)(2) if those guidelines meet the standards provided by   Section 413.011(e).          SECTION 18.  This Act takes effect September 1, 2017.       ______________________________ ______________________________      President of the Senate Speaker of the House                   I certify that H.B. No. 2111 was passed by the House on April   13, 2017, by the following vote:  Yeas 138, Nays 0, 3 present, not   voting.     ______________________________   Chief Clerk of the House                 I certify that H.B. No. 2111 was passed by the Senate on May   24, 2017, by the following vote:  Yeas 31, Nays 0.     ______________________________   Secretary of the Senate       APPROVED:  _____________________                      Date                           _____________________                    Governor