SECTION 61.502. Medical Reports and Records

(a) The OAG may require victims, claimants, or health care service providers to submit current medical reports or records including information regarding the treatment, diagnosis, and prognosis of the victim or claimant's condition. The OAG may require a health care service provider to estimate the length of any disability period or the extent of the physical impairment, and provide an opinion on the victim's or claimant's ability to be employed. To verify treatment and reasonableness of care, the OAG may require reports or records for medical care, dental care, and psychiatric care or counseling.

(b) Costs for medical reports, records, mental health forms, and copies shall be reimbursed to health care service providers according to the Texas Department of Insurance, Division of Workers' Compensation allowable medical fee guidelines for completion of a return to work status report for the Texas Department of Insurance.

(c) Costs for medical reports, records, mental health forms, and copies shall be reimbursed to the victim or claimant for the actual expense incurred.

(d) A victim or claimant shall be subject at all times to an independent physical or mental examination if requested by the OAG and shall submit himself or herself to such further examination as the OAG may require. The OAG shall pay the costs of such examination.

Source Note: The provisions of this §61.502 adopted to be effective December 15, 2002, 27 TexReg 11513; amended to be effective October 30, 2014, 39 TexReg 8373