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The Definite Guide to Vbill Access Agreement Form Committee For Public Counsel Services Publiccounsel

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Instruction of Vbill Access Agreement Form Committee For Public Counsel Services Publiccounsel

the last thing we have is a one witness.for the oversight of the office of.injured employee Council Chair calls.Jessica corner Jessica one of the things.I guess you know there's been some.criticism today about how we're doing I.understand you're you come in and have.really done a good job from what I've.been told maybe have improved some of.the things based and that some of the.criticism today perhaps may not be.relevant to any changes you've made but.we do want to make sure particularly in.the light of the 2012 decision and.things that workers are getting the help.they can particularly from these.low-wage ones who are never going to get.counsel and I think we'd like some.analysis on how many folks are just.dumping into their health care system.instead of going through the process so.if you have some general comments and if.you have thoughts on what I've asked.that's fine but though we'd appreciate.your your help on this absolutely well.for the record my name is Jessica corner.I'm the public council at the office of.injured employee councils and I.appreciate the opportunity to give you.an update and I come here with a much.different message than the last time I.was here and and things are really in a.much better spot in our agency than in.previous I've submitted just a brief.overview PowerPoint for y'all so I'll.walk you through a few things with.respect to folks turning to their.individual healthcare you know I'd have.to work with the division to get some.specifics on that but the folks that.were helping they're not going to get.canceled you know they need the free.assistance that's why we're here and.oftentimes those folks don't have.private insurance to fall back on and so.they're they're relying on us to help.navigate the system.and it's quite honestly it's challenging.for injured employees to prevail and.that's because it's difficult to get.medical documentation its doctors aren't.necessarily being compensated to provide.medical opinions outside of their.standard appointment and so our.Ombudsman struggle to prevail a lot.sometimes because they just don't have.the documentation to to help the injured.worker and overcome the burden that's.been through case and why can't we help.to give them well that's one of the.things that we're exploring as a.potential legislative recommendation to.see about compensating physicians for.writing a medical opinion or causation.letter which is required in a lot of.cases for an injured employees prevail.you know physicians get compensated.under the Texas Board of Medical.Examiner's rules for making copies and.normally that's not too much of a burden.but or do you all engage in the practice.of requesting the medical information.when the employee doesn't know yes sir.okay we requested it from the very.beginning and then continue to request.it you know up until the cch and I'm.assuming you can get it from the carrier.as well because they probably have.gotten it correct but what we're needing.is specific causations the the hearing.officers want things spelled out in a.certain manner and and that's what we're.struggling with getting we may have 600.pages of medical records but we don't.necessarily have it in the format that.that we need to be able to prevail which.is oh there's no incentive or.disincentive for them to if the doctor.doesn't want to comply there's nothing.correct.that you have to give the records but.they don't have to write a causation.letter or out somebody's Dulce pay me.for that you know before i'm going to.give an opinion on right i mean this.injury was caused by the by the accident.sir they have to make a choice between.do i see two patients and and make.however much money seeing two patients.and a half hour versus do I pro bono.write a letter for an injured employee.I've seen a few times so that's.something we're definitely exploring and.we've been talking with Commissioner.Brandon about brainstorming some.different ways on how to solve that.problem it seems like it would be a.legitimate cost to be absorbed somewhere.correct um I agree you know unless it's.truly a complete fraudulent claim it's.something that you know I would think of.her both sides want maybe we could cap.what an opinion letter would be um but.you know we can't force doctors to do it.I guess not at this point crashing okay.and just to walk you through a couple.facts in 2015 08 assisted just under.30,000 injured employees in throughout.the state we have 21 offices including a.field office and our central location.here in Austin and we share office space.with a division in all 21 offices and.we've also continue to utilize the.language line and the top two languages.continue to be Spanish and Vietnamese.and we were just under 3,000 hours that.we utilize the language line for this.past year as you say top two languages.other than English or top two languages.period other than English and with.respect to accomplishments which is.slide 4 in your packet and I'm really.proud of where our agency is versus.where it was when I started October.thirty-first to 14 we were undergoing a.pretty intense audit from the state.auditor's office and I'm happy to report.that as of December 31st all of the.recommendations were fully implemented.and also last session and we were able.to pass Senate bill 901 which a.representative Collier was kind enough.to file a companion to which increased.temporary income benefits for up to.3,500 of the lowest wage earners in.Texas and we also were appropriated from.the legislature an additional four.hundred thousand dollars in salary.monies when I came in we had a high.turnover rate and I was trying to get to.the bottom of it why were we losing such.such good valuable employees that we'd.invested so much time in training and.what I found was that in the history of.acquit just celebrated its tenth.anniversary on march first they had.never requested salary money so folks.for ten years had not gotten raises they.relied on lab salary money for one-time.merit and nothing that would add to.their annuity that would have sent.advise them to continue to remain.employees so we were able to secure an.additional four hundred thousand dollars.and we've been able to retain our high.performers by investing in them with.actual salary raises instead of one time.bonuses additionally as I testified.before we created a career ladder and I.said the agency up to look.more like a law office a private law.office instead of you're either a.customer service representative or an.ombudsman and I worst word that.ombudsman I would love any suggestions.to change it I wish I would have to.agree with you as an odd word yes I.would agree and we'll jump ahead then.it's glad that y'all did that feel good.and so I'll walk you through the career.ladder here in just a second but I think.one of the biggest things and that that.I'm one things I'm proud of is the.improved relationship and communication.with the division I know Commissioner.Brandon testified to it yesterday that.we do monthly team-building activities.in all of the field offices and many of.the folks that have testified over the.last two days from the division have.been willing to provide day long.multi-day trainings to our entire agency.and you know we're asking the Ombudsman.to basically you know act as attorneys.and go up against attorneys but but.there lay folks and and so it's.imperative that that we get them as much.training as possible and the division.has really wonderful since I've come on.okay let me ask you about a second.component of that it it's what I see is.when a young lawyer comes into my firm.they may have a basic understanding of.the law they don't know where the.courthouse is or how to do anything else.and they may have the logic skills they.need but then you've got to get into.understanding medical records and that's.a whole new.a game and a whole new art because if.you don't know the back and you don't.know human anatomy and you don't know.what the doctors are even talking about.then it's very hard to evaluate the.injury and to talk about causation and.to talk about what's compensable and.what impairment is are you all doing.anything to help you know your your.people to get those skills as well yes.sir so we've done a couple things when I.hired a director of training the.training was kind of haphazard and I.wanted it streamlined so the training.looks the same regardless of where.you're hired all 21 offices look exactly.the same from a training perspective.since since I've come on we also had dr..deployed who i believe testified.yesterday he provided a two-day am a.guideline training for all of the.Ombudsman and he's offered to repeat.that as frequently as we would like it.and he also had our regional staff.attorneys which we have six of them.attends the four-day designated doctor.training and so they are now able to.Train one-on-one with our staff with.knowledge that they've gained from going.to the designated doctor conference okay.well I appreciate what you're doing I.would like to see you know that because.when we're talking about how to deal.with you know carriers the few that are.being bad actors or acting in bad faith.it would help a lot if your people knew.what they were doing what they were.saying and could in the instance was.necessary challenge the opinion of a.another provider hired by the insurance.company.that we can get that balance that'll go.some ways towards dealing with these.issues that we've heard about today yeah.the division has been great like I said.and has offered to do the training as.frequently or as narrowly tailored as we.would like just to walk you through a.couple more things on on the career.ladder it's on slide 5 we've actually.expanded it initially it was a pilot.project when I last testified before the.committee and now it's it's up and.running and it's been really successful.the the ladder is set up like a law firm.a private law office where you've got.your customer service representative.your your frontline your receptionist.and they're helping to answer questions.identify disputes and but then you move.it to an ombudsman assistant and they're.basically acting like a legal secretary.they're helping mark exhibits they're.helping make sure that return that phone.calls are returned in a timely manner.we've heard some testimony previous and.also today that in the past it's been.difficult to get a look on the phone or.there's been criticisms about hold times.and so by rolling out the Ombudsman.assistant position even if the Ombudsman.is is very busy somebody's getting a.return phone call which is very.important to me and we've also added a.customer service representative for.position and they're really doing a lot.of this digging trying to have you.imposed any kind of role on the time for.a return call it is a maximum of two.days but that should be the exception.not the norm the rule is as soon as.possible and customer service.representatives for that's new since I.last was here and that is a customer.service representative who's who's very.skilled at gathering the medical.evidence who's very good at identifying.issues and so they're really in the.weeds on it and they're get that.gathering as much information as they.can they work with the pros and then at.that point they hand it off to a case.development officer the nice thing about.having these case development officers.as our appointments are done over the.telephone and so we had this.disproportionate workload we're.obviously the large five offices are.going to be much busier than say of San.Angelo and so by doing things over the.phone you've got a workload that will.not.to apples because you can't create.hearings and offices where it doesn't.exist everybody's all hands on deck so.the workload and the smaller offices are.truly are focused on these phone.appointments and and building the case.up and then the the main offices that.large 5 are able to focus on actual.benefit review conferences and contesta.case hearings and really being more.prepared with what's in that file and we.also have them the ombudsman associates.Ombudsman wanted to and I think an.interesting thing to note or to remind.the committee of is that by statute in.order to be a fully released Ombudsman.you must have a year of workers.compensation experience so in past when.we were losing an ombudsman it would.take us a year year and a half to be.fully staffed again in that position.what we're finding now is we're.promoting from within and they know what.the job looks like it's a hard job and.so folks coming in from the outside.weren't fully appreciating that in the.past they know what it looks like they.have the workers comp experience and so.instead of not being staffed for a year.and a half it's about six months I was.very pleased without appropriation and.changing the dynamics and just for your.information on slide six it shows where.the number of case development officers.we have now and I'm bed some assistants.compared to what it was and then just.briefly if I can touch on what my goals.are coming up you know like I said we we.were under going on in and it wasn't.Pleasant and there are some things that.needed to be changed and they were and.so now that we're kind of in a calm.place we can take a step back and look.at things that that are maybe more.detail-oriented so as i mentioned we're.working on legislative recommendations.and we're also working with the division.to see if there's some perhaps joint.recommendation that we could come up.with which would be great if the.Advocate and the regulator good could.come up with something that would.benefit the system together and.exploring additional career ladder.opportunities it's been very successful.but are there anything anything else.maybe we you know divide the workload in.different manners some people may excel.in one skill set but but not another I'm.also rolling out new evaluations for.employees right now our evaluations are.either you're awful or your.amazing and I want it to be a valuable.tool so we're working with the folks.that TD I used to redo their evaluations.so it's more of a report card grade.system so we hope to have that rolled.out in the next couple months and also.launching a new website our websites.have not been updated and since the.inception of the agency and while at.that point in time a lot of injured.employees didn't have access to the.internet because they didn't have home.computers with the evolution of.smartphones we're finding our employees.are communicating a lot more via email.and so the question two is should you go.just directly to a mobile app so our.website is going to be mobile accessible.and then we'll work from there but it's.them that will be fully mobile.accessible for smartphones I would also.like to see you I'll come up with some.goals on case resolutions so that not.only do you report to us how many cases.you're dealing with but one of the goals.is to resolve the case in a fair manner.no sometimes that'll be favorable to the.person sometimes the fair thing is it.wasn't favoritos summer but I would and.you should go back and look but I would.like to see those types of outcomes.that's what the taxpayers are paying for.their paying for what are the results.and a lot of those things that you're.asking for right now are our performance.measures and i'll be happy to provide.you with those and the methodology on.how we arrived at those numbers and what.i'm happy to report and i got the new.numbers yesterday for our key measures.were the highest the agency's ever been.and we're at ninety-two percent positive.thank you thank you for the job you're.doing and thank you come in and turn.things around and we appreciate it very.much thank you so much thank you for.your questions members Thank You the.committee stands adjourned.take it out on the twenty-fifth sit when.are we.

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