Texas DWC Seeks Public Comment on Telemedicine Rule Proposal

The Texas Department of Insurance, Division of Workers’ Compensation (DWC) is seeking public comments for a proposed rule to allow treating doctors to perform maximum medical improvement examinations by telemedicine or telehealth.

DWC said the amendments are necessary to allow treating doctors to perform maximum medical improvement (MMI) examinations by telemedicine or telehealth when there is no impairment.

The amendments do the following:

Modify the definition of “telemedicine services” and “telehealth services” to include an examination by a treating doctor to certify MMI under 28 Texas Administrative Code (TAC) Sections 130.1 and 130.2, concerning certification of MMI and evaluation of permanent impairment when:

o The injured employee has been examined by the treating doctor for the condition in question at least once before the examination to certify MMI;

o The injured employee has consented to the examination to certify MMI by telemedicine or telehealth; and

o The condition in question qualifies as a minor injury, such as Section 130.2(a)(2) contemplates, requires no additional treatment, and has resulted in no impairment.

• Clarify that the billing requirements in 28 TAC Section 134.250, concerning MMI evaluations and impairment rating examinations by treating doctors, apply.
• Do not include impairment rating examinations under 28 TAC Section 130.1 in the definition of telemedicine and telehealth.

The proposed rule will be published in the December 6, 2024, issue of the Texas Register and available at www.sos.state.tx.us/texreg/index.shtml once published.

Written comments on the proposed rule can be submitted to RuleComments@tdi.texas.gov.

The deadline to submit all comments is 5 p.m., Central time, on January 13, 2025.