TITLE 28. INSURANCE
PART 2. TEXAS DEPARTMENT OF INSURANCE, DIVISION OF WORKERS' COMPENSATION
CHAPTER 133. GENERAL MEDICAL PROVISIONS
INTRODUCTION. The Texas Department of Insurance, Division of Workers' Compensation (DWC) adopts amended 28 TAC §§133.240, 133.250, 133.305, and 133.308, concerning medical disputes for workers' compensation claims. The amendments implement House Bill (HB) 1306, 89th Legislature, Regular Session (2025).
The amendments to §§133.240, 133.250, 133.305, and 133.308 are adopted without changes to the proposed text published in the October 24, 2025, issue of the Texas Register (50 TexReg 6982). Sections 133.240, 133.250, 133.305, and 133.308 will not be republished.
REASONED JUSTIFICATION. HB 1306 added Texas Labor Code §504.057, which requires expedited medical benefits and accelerated medical dispute resolution for claims for medical benefits by a death investigation professional who sustains a serious bodily injury in the course and scope of employment, and requires that the death investigation professional inform DWC and the independent review organization that a contested case hearing or appeal involves a death investigation professional. The amendments are necessary to implement the changes in HB 1306. They specify that the insurance carrier must expedite and give priority to a claim for medical benefits by a death investigation professional who sustains a serious bodily injury in the course and scope of employment, including all health care required to cure or relieve the effects naturally resulting from a compensable injury. They also specify that DWC will accelerate and give priority to an appeal from a denial of a claim for medical benefits, and that the death investigation professional must provide notice to DWC and the independent review organization that a contested case or appeal involves a death investigation professional.
Section 133.240. The amendments to §133.240 add the requirement from HB 1306 that an insurance carrier must accelerate and give priority to a qualifying claim for medical benefits by a death investigation professional, including all required health care for the claim. Amending §133.240 is necessary to ensure that the rule is consistent with HB 1306.
Section 133.250. The amendments to §133.250 add the requirement from HB 1306 that an insurance carrier must accelerate and give priority to a qualifying claim for medical benefits by a death investigation professional, including all required health care for the claim. Amending §133.250 is necessary to ensure that the rule is consistent with HB 1306.
Section 133.305. The amendment to §133.305 adds a definition of "death investigation professional" to tie it to the definition in Labor Code §504.057 from HB 1306. Amending §133.305 is necessary to ensure that the rule is consistent with HB 1306.
Section 133.308. The amendments to §133.308 add the requirement from HB 1306 that DWC will accelerate and give priority to an appeal from a denial of a qualifying claim for medical benefits made by a death investigation professional, as well as to actions involving all health care required to cure or relieve the effects naturally resulting from a compensable injury. The amendments add the requirement from HB 1306 that the death investigation professional must notify DWC and the independent review organization that the contested case hearing or appeal involves a death investigation professional. Amending §133.308 is necessary to ensure that the rule is consistent with HB 1306.
SUMMARY OF COMMENTS AND INFORMATION SUBMITTED, AND AGENCY RESPONSE.
Commenters: DWC received one written comment, and no oral comments. No commenters included information, data, research, or analysis about the cost, benefit, or effect of the proposal. The commenter, which was in support of the proposal, was the Office of Injured Employee Counsel (OIEC).
Comment on §§133.240, 133.250, 133.305, and 133.308. OIEC stated that they support the amendments as they benefit the injured employees of Texas to ensure conformity with HB 1306.
Agency Response to Comment on §§133.240, 133.250, 133.305, and 133.308. DWC appreciates the comment.
SUBCHAPTER
C.
STATUTORY AUTHORITY. The commissioner of workers' compensation adopts amended §133.240 and §133.250 under Labor Code §§504.057, 402.00111, 402.00116, and 402.061.
Labor Code §504.057 requires that insurance carriers expedite claims for medical benefits by death investigation professionals who sustain a serious bodily injury in the course and scope of employment, that DWC accelerate disputes about those claims, and that the death investigation professionals inform DWC and the independent review organization that a contested case hearing or appeal involves a death investigation professional.
Labor Code §402.00111 provides that the commissioner of workers' compensation shall exercise all executive authority, including rulemaking authority under Title 5 of the Labor Code.
Labor Code §402.00116 provides that the commissioner of workers' compensation shall administer and enforce this title, other workers' compensation laws of this state, and other laws granting jurisdiction to or applicable to DWC or the commissioner.
Labor Code §402.061 provides that the commissioner of workers' compensation shall adopt rules as necessary to implement and enforce the Texas Workers' Compensation Act.
The agency certifies that legal counsel has reviewed the adoption and found it to be a valid exercise of the agency's legal authority.
Filed with the Office of the Secretary of State on January 9, 2026.
TRD-202600054
Kara Mace
General Counsel
Texas Department of Insurance, Division of Workers' Compensation
Effective date: January 29, 2026
Proposal publication date: October 24, 2025
For further information, please call: (512) 804-4703
SUBCHAPTER
D.
STATUTORY AUTHORITY. The commissioner of workers' compensation adopts amended §133.305 and §133.308 under Labor Code §§504.057, 402.00111, 402.00116, and 402.061.
Labor Code §504.057 requires that insurance carriers expedite claims for medical benefits by death investigation professionals who sustain a serious bodily injury in the course and scope of employment, that DWC accelerate disputes about those claims, and that the death investigation professionals inform DWC and the independent review organization that a contested case hearing or appeal involves a death investigation professional.
Labor Code §402.00111 provides that the commissioner of workers' compensation shall exercise all executive authority, including rulemaking authority under Title 5 of the Labor Code.
Labor Code §402.00116 provides that the commissioner of workers' compensation shall administer and enforce this title, other workers' compensation laws of this state, and other laws granting jurisdiction to or applicable to DWC or the commissioner.
Labor Code §402.061 provides that the commissioner of workers' compensation shall adopt rules as necessary to implement and enforce the Texas Workers' Compensation Act.
The agency certifies that legal counsel has reviewed the adoption and found it to be a valid exercise of the agency's legal authority.
Filed with the Office of the Secretary of State on January 9, 2026.
TRD-202600055
Kara Mace
General Counsel
Texas Department of Insurance, Division of Workers' Compensation
Effective date: January 29, 2026
Proposal publication date: October 24, 2025
For further information, please call: (512) 804-4703
CHAPTER 134. BENEFITS--GUIDELINES FOR MEDICAL SERVICES, CHARGES, AND PAYMENTS
SUBCHAPTER
G.
INTRODUCTION. The Texas Department of Insurance, Division of Workers' Compensation (DWC) adopts amended 28 TAC §134.600, concerning preauthorization, concurrent utilization review, and voluntary certification of health care. The amendment implements House Bill (HB) 1306, 89th Legislature, Regular Session (2025).
The amendment to §134.600 is adopted without changes to the proposed text published in the October 24, 2025, issue of the Texas Register (50 TexReg 6985). Section 134.600 will not be republished.
REASONED JUSTIFICATION. HB 1306 added Texas Labor Code §504.057, which requires expedited medical benefits and accelerated medical dispute resolution for claims for medical benefits by a death investigation professional who sustains a serious bodily injury in the course and scope of employment, and requires that the death investigation professional inform DWC and the independent review organization that a contested case hearing or appeal involves a death investigation professional. The amendment is necessary to implement the changes in HB 1306.
Section 134.600. The amendment to §134.600 adds the requirement from HB 1306 that an insurance carrier must accelerate and give priority to a qualifying claim for medical benefits by a death investigation professional, including all required health care for the claim. Amending §134.600 is necessary to ensure that the rule is consistent with HB 1306.
SUMMARY OF COMMENTS AND INFORMATION SUBMITTED, AND AGENCY RESPONSE.
Commenters: DWC received one written comment, and no oral comments. No commenters included information, data, research, or analysis about the cost, benefit, or effect of the proposal. The commenter, which was in support of the proposal, was the Office of Injured Employee Counsel (OIEC).
Comment on §134.600. OIEC stated that they support the amendments as they benefit the injured employees of Texas to ensure conformity with HB 1306.
Agency Response to Comment on §134.600. DWC appreciates the comment.
STATUTORY AUTHORITY. The commissioner of workers' compensation adopts amended §134.600 under Labor Code §§504.057, 402.00111, 402.00116, and 402.061.
Labor Code §504.057 requires that insurance carriers expedite claims for medical benefits by death investigation professionals who sustain a serious bodily injury in the course and scope of employment, that DWC accelerate disputes about those claims, and that the death investigation professionals inform DWC and the independent review organization that a contested case hearing or appeal involves a death investigation professional.
Labor Code §402.00111 provides that the commissioner of workers' compensation shall exercise all executive authority, including rulemaking authority under Title 5 of the Labor Code.
Labor Code §402.00116 provides that the commissioner of workers' compensation shall administer and enforce this title, other workers' compensation laws of this state, and other laws granting jurisdiction to or applicable to DWC or the commissioner.
Labor Code §402.061 provides that the commissioner of workers' compensation shall adopt rules as necessary to implement and enforce the Texas Workers' Compensation Act.
The agency certifies that legal counsel has reviewed the adoption and found it to be a valid exercise of the agency's legal authority.
Filed with the Office of the Secretary of State on January 9, 2026.
TRD-202600053
Kara Mace
General Counsel
Texas Department of Insurance, Division of Workers' Compensation
Effective date: January 29, 2026
Proposal publication date: October 24, 2025
For further information, please call: (512) 804-4703