A Texas Department of Insurance review of the state's workers'compensation insurers, based on speed of payment and other factors,has ranked 13.6 percent in the poor performance category.

The study results announced Friday, which also included healthinsurers, was mandated by the Performance-Based Oversight processcontained in 2005 comp reform legislation that also abolished theTexas Workers' Compensation Commission and transferred itsfunctions to the TDI's Workers' Compensation Division.

An assessment of the performance of insurance carriers andhealth care providers is now required at least biennially to meetkey regulatory goals, established by Texas Commissioner of Workers'Compensation Albert Betts, the TDI noted.

Mr. Betts said, "We have several tools at our disposal tomonitor the compliance of system participants with the TexasWorkers' Compensation Act and system rules. Our complianceobjectives will be achieved through the PBO process, datamonitoring, complaint handling, entity audits and, whenappropriate, enforcement actions."

The agency reviewed a total of 147 insurance carriers during thePBO process. Of the total, 31 insurance carriers were rated highperformers, 96 insurance carriers were average performers, and 20insurance carriers were poor performers.

Insurance carriers were assessed on their performance for thetimeliness of medical bill processing, the timeliness of payment ofinitial temporary income benefits (TIBs) checks, and for howfrequently they prevailed when disputes were resolved at contestedcase hearings.

Based on contested case hearing ratings for carriers, 11.6percent fell in the poor category, 23.1 percent were in the highperformance category, and 65.3 were rated average.

Rated for initial pay performance, 20.4 percent of carriers fellin the poor category, 30.6 percent were rated high performers, and50 percent were rated average.

Evaluated for medical bill processing, 76.2 percent were ratedas high performers, 22.5 percent were put in the poor category, and1.5 percent were rated average.

Health care providers were assessed on their administrative dutyof filing the DWC Form-69, Report of Medical Evaluation Form, in atimely manner.

Health care providers were not assessed on the quality of careprovided to injured employees in the PBO process. The agencyreviewed a total of 325 health care providers during the PBOprocess. Of the total, 101 health care providers were highperformers, 159 health care providers were average performers, and65 health care providers were poor performers.

TDI-DWC said it will focus its regulatory oversight on the poorperformers as well as develop incentives within each tier thatpromote greater overall compliance and performance.

More information regarding the oversight process is on TDI-DWC'sWeb site at http://www.tdi.state.tx.us/wc/pbo/pbo.html.