Texas Labor Code 415.002 – Administrative Violation by Insurance Carrier
(a) An insurance carrier or its representative commits an administrative violation if that person:
(1) misrepresents a provision of this subtitle to an employee, an employer, a health care provider, or a legal beneficiary;
(2) terminates or reduces benefits without substantiating evidence that the action is reasonable and authorized by law;
(3) instructs an employer not to file a document required to be filed with the division;
(4) instructs or encourages an employer to violate a claimant’s right to medical benefits under this subtitle;
(5) fails to tender promptly full death benefits if a legitimate dispute does not exist as to the liability of the insurance carrier;
(6) allows an employer, other than a self-insured employer, to dictate the methods by which and the terms on which a claim is handled and settled;
(7) fails to confirm medical benefits coverage to a person or facility providing medical treatment to a claimant if a legitimate dispute does not exist as to the liability of the insurance carrier;
(8) fails, without good cause, to attend a dispute resolution proceeding within the division;
(9) attends a dispute resolution proceeding within the division without complete authority or fails to exercise authority to effectuate agreement or settlement;
(10) adjusts a workers’ compensation claim in a manner contrary to license requirements for an insurance adjuster, including the requirements of Chapter 4101, Insurance Code, or the rules of the commissioner of insurance;
(11) fails to process claims promptly in a reasonable and prudent manner;
(12) fails to initiate or reinstate benefits when due if a legitimate dispute does not exist as to the liability of the insurance carrier;
(13) misrepresents the reason for not paying benefits or terminating or reducing the payment of benefits;
(14) dates documents to misrepresent the actual date of the initiation of benefits;
(15) makes a notation on a draft or other instrument indicating that the draft or instrument represents a final settlement of a claim if the claim is still open and pending before the division;
(16) fails or refuses to pay benefits from week to week as and when due directly to the person entitled to the benefits;
(17) fails to pay an order awarding benefits;
(18) controverts a claim if the evidence clearly indicates liability;
(19) unreasonably disputes the reasonableness and necessity of health care;
(20) violates a commissioner rule;
(21) makes a statement denying all future medical care for a compensable injury; or
(22) fails to comply with a provision of this subtitle.
(b) An insurance carrier or its representative does not commit an administrative violation under Subsection (a)(6) by allowing an employer to:
(1) freely discuss a claim;
(2) assist in the investigation and evaluation of a claim; or
(3) attend a proceeding of the division and participate at the proceeding in accordance with this subtitle.
Terms Used In Texas Labor Code 415.002
- Beneficiary: A person who is entitled to receive the benefits or proceeds of a will, trust, insurance policy, retirement plan, annuity, or other contract. Source: OCC
- Evidence: Information presented in testimony or in documents that is used to persuade the fact finder (judge or jury) to decide the case for one side or the other.
- Person: includes corporation, organization, government or governmental subdivision or agency, business trust, estate, trust, partnership, association, and any other legal entity. See Texas Government Code 311.005
- Rule: includes regulation. See Texas Government Code 311.005
- Settlement: Parties to a lawsuit resolve their difference without having a trial. Settlements often involve the payment of compensation by one party in satisfaction of the other party's claims.
- Week: means seven consecutive days. See Texas Government Code 311.005