House Study Bill 771 



                                       HOUSE FILE       
                                       BY  (PROPOSED COMMITTEE ON
                                            LABOR BILL BY CHAIRPERSON
                                            OLSON)


    Passed House,  Date               Passed Senate, Date             
    Vote:  Ayes        Nays           Vote:  Ayes        Nays         
                 Approved                            

                                      A BILL FOR

  1 An Act relating to the choice of doctor to treat an injured
  2    employee under workers' compensation laws and providing an
  3    applicability date.
  4 BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF IOWA:
  5 TLSB 6539YC 82
  6 av/nh/5

PAG LIN



  1  1    Section 1.  Section 85.27, subsection 4, Code Supplement
  1  2 2007, is amended to read as follows:
  1  3    4.  a.  (1)  For purposes of this section, the employer is
  1  4 obliged to furnish reasonable services and supplies to treat
  1  5 an injured employee, and has the right to choose the care
  1  6 unless the employee has predesignated a physician as provided
  1  7 in paragraph "b".  If the employer chooses the care, the
  1  8 employer shall hold the employee harmless for the cost of care
  1  9 until the employer notifies the employee that the employer is
  1 10 no longer authorizing all or any part of the care and the
  1 11 reason for the change in authorization.  An employer is not
  1 12 liable for the cost of care that the employer arranges in
  1 13 response to a sudden emergency if the employee's condition,
  1 14 for which care was arranged, is not related to the employment.
  1 15 The treatment must be offered promptly and be reasonably
  1 16 suited to treat the injury without undue inconvenience to the
  1 17 employee.
  1 18    (2)  If the employee has reason to be dissatisfied with the
  1 19 care offered, the employee should communicate the basis of
  1 20 such dissatisfaction to the employer, in writing if requested,
  1 21 following which the employer and the employee may agree to
  1 22 alternate care reasonably suited to treat the injury.  If the
  1 23 employer and employee cannot agree on such alternate care, the
  1 24 commissioner may, upon application and reasonable proofs proof
  1 25 of the necessity therefor, allow and order other care.  In an
  1 26 emergency, the employee may choose the employee's care at the
  1 27 employer's expense, provided the employer or the employer's
  1 28 agent cannot be reached immediately.
  1 29    (3)  An application made under this subsection paragraph
  1 30 "a" shall be considered an original proceeding for purposes of
  1 31 commencement and contested case proceedings under section
  1 32 85.26.  The hearing shall be conducted pursuant to chapter
  1 33 17A.  Before a hearing is scheduled, the parties may choose a
  1 34 telephone hearing, an audio=video conference hearing, or an
  1 35 in=person hearing.  A request for an in=person hearing shall
  2  1 be approved unless the in=person hearing would be impractical
  2  2 because of the distance between the parties to the hearing.
  2  3 The workers' compensation commissioner shall issue a decision
  2  4 within ten working days of receipt of an application for
  2  5 alternate care made pursuant to a telephone hearing or
  2  6 audio=video conference hearing or within fourteen working days
  2  7 of receipt of an application for alternate care made pursuant
  2  8 to an in=person hearing.  The employer shall notify an injured
  2  9 employee of the employee's ability to contest the employer's
  2 10 choice of care pursuant to this subsection paragraph "a".
  2 11    b.  (1)  An injured employee has the right to choose care
  2 12 if the employee has predesignated a physician who is a primary
  2 13 care provider, from whom the employee has previously received
  2 14 treatment for a nonoccupational injury, illness, or
  2 15 examination, to provide treatment for the injury.  Upon hire
  2 16 and periodically during employment an employer shall provide
  2 17 written notice to all employees of their rights under this
  2 18 paragraph "b" to predesignate such a physician for treatment
  2 19 of an injury, in a manner prescribed by the workers'
  2 20 compensation commissioner by rule.  The employer or the
  2 21 employer's insurer shall not make suggestions or otherwise
  2 22 attempt to influence an injured employee's choice of a
  2 23 physician to provide care.  An employee shall, as soon as
  2 24 practicable, notify the employer of an injury, and upon
  2 25 receiving such notice of an injury from an employee, the
  2 26 employer shall again provide written notice to that employee
  2 27 of the employee's rights under this paragraph "b" in a manner
  2 28 prescribed by the workers' compensation commissioner by rule.
  2 29 If an employer fails to notify employees of their right to
  2 30 choose a physician as provided in this paragraph "b", the
  2 31 employee has the right to choose any physician to provide
  2 32 treatment for the injury and the treatment shall be considered
  2 33 care authorized under this section.
  2 34    (2)  For the purposes of this paragraph "b", "physician"
  2 35 includes an individual physician, a group of physicians, or a
  3  1 clinic.  For the purposes of this paragraph "b", "primary care
  3  2 provider" means a physician who provides primary care who is a
  3  3 family or general practitioner, a pediatrician, an internist,
  3  4 an obstetrician, or a gynecologist.  A physician chosen by an
  3  5 injured employee to provide treatment is authorized to arrange
  3  6 for any consultation, surgical consultation, referral,
  3  7 emergency care, or other specialized medical services as the
  3  8 physician deems necessary to treat the injury.  The employer
  3  9 shall pay for all such care, unless the workers' compensation
  3 10 commissioner determines otherwise.
  3 11    (3)  If the employer has reason to be dissatisfied with the
  3 12 care chosen by the employee, the employer should communicate
  3 13 the basis of such dissatisfaction to the employee, in writing
  3 14 if requested, following which the employee and the employer
  3 15 may agree to alternate care reasonably suited to treat the
  3 16 injury.  If the employee and employer cannot agree on such
  3 17 alternate care, the commissioner may, upon application and
  3 18 reasonable proof of the necessity therefor, allow and order
  3 19 other care.
  3 20    (4)  An application made under this paragraph "b" shall be
  3 21 considered an original proceeding for purposes of commencement
  3 22 and contested case proceedings under section 85.26.  The
  3 23 hearing shall be conducted pursuant to chapter 17A.  Before a
  3 24 hearing is scheduled, the parties may choose a telephone
  3 25 hearing, an audio=video conference hearing, or an in=person
  3 26 hearing.  A request for an in=person hearing shall be approved
  3 27 unless the in=person hearing would be impractical because of
  3 28 the distance between the parties to the hearing.  The workers'
  3 29 compensation commissioner shall issue a decision within ten
  3 30 working days of receipt of an application for alternate care
  3 31 made pursuant to a telephone hearing or audio=video conference
  3 32 hearing or within fourteen working days of receipt of an
  3 33 application for alternate care made pursuant to an in=person
  3 34 hearing.
  3 35    Sec. 2.  Section 85.39, Code 2007, is amended to read as
  4  1 follows:
  4  2    85.39  EXAMINATION OF INJURED EMPLOYEES.
  4  3    1.  a.  After an injury, the employee, if requested by the
  4  4 employer, shall submit for examination at some reasonable time
  4  5 and place and as often as reasonably requested, to a physician
  4  6 or physicians authorized to practice under the laws of this
  4  7 state or another state, without cost to the employee; but if
  4  8 the employee requests, the employee, at the employee's own
  4  9 cost, is entitled to have a physician or physicians of the
  4 10 employee's own selection present to participate in the
  4 11 examination.  If an employee is required to leave work for
  4 12 which the employee is being paid wages to attend the requested
  4 13 examination, the employee shall be compensated at the
  4 14 employee's regular rate for the time the employee is required
  4 15 to leave work, and the employee shall be furnished
  4 16 transportation to and from the place of examination, or the
  4 17 employer may elect to pay the employee the reasonable cost of
  4 18 the transportation.  The refusal of the employee to submit to
  4 19 the examination shall suspend the employee's right to any
  4 20 compensation for the period of the refusal.  Compensation
  4 21 shall not be payable for the period of suspension.
  4 22    b.  If an evaluation of permanent disability has been made
  4 23 by a physician retained by the employer and the employee
  4 24 believes this evaluation to be too low, the employee shall,
  4 25 upon application to the commissioner and upon delivery of a
  4 26 copy of the application to the employer and its insurance
  4 27 carrier, be reimbursed by the employer the reasonable fee for
  4 28 a subsequent examination by a physician of the employee's own
  4 29 choice, and reasonably necessary transportation expenses
  4 30 incurred for the examination.  The physician chosen by the
  4 31 employee has the right to confer with and obtain from the
  4 32 employer=retained physician sufficient history of the injury
  4 33 to make a proper examination.
  4 34    2.  If the employee has chosen a physician to provide care
  4 35 as provided in section 85.27, subsection 4, paragraph "b",
  5  1 when it is medically indicated that no significant improvement
  5  2 from an injury is anticipated, the employee may obtain a
  5  3 medical opinion from the employee's physician, at the
  5  4 employer's expense, regarding the extent of the employee's
  5  5 permanent disability.  If the employee obtains such an
  5  6 evaluation and the employer believes this evaluation of
  5  7 permanent disability to be too high, the employer may arrange
  5  8 for a medical examination of the injured employee by a
  5  9 physician of the employer's choice for the purpose of
  5 10 obtaining a medical opinion regarding the extent of the
  5 11 employee's permanent disability.  If an employee is required
  5 12 to leave work for which the employee is being paid wages to
  5 13 attend an examination under this subsection, the employee
  5 14 shall be compensated at the employee's regular rate for the
  5 15 time the employee is required to leave work, and the employee
  5 16 shall be furnished transportation to and from the place of
  5 17 examination, or the employer may elect to pay the employee the
  5 18 reasonable cost of transportation.  The physician chosen by
  5 19 the employer to conduct the examination has the right to
  5 20 confer with and obtain from any physician who has treated the
  5 21 injured employee sufficient history of the injury to make a
  5 22 proper examination.  The refusal by the employee to submit to
  5 23 the examination shall suspend the employee's right to any
  5 24 compensation for the period of the refusal.  Compensation
  5 25 shall not be payable for the period of suspension.
  5 26    Sec. 3.  APPLICABILITY DATE.  This Act applies to injuries
  5 27 occurring on or after January 1, 2009.
  5 28                           EXPLANATION
  5 29    This bill relates to the choice of a physician to treat an
  5 30 injured employee under the state's workers' compensation laws.
  5 31 The bill allows the employer to choose care unless the
  5 32 employee has predesignated a physician as provided in the
  5 33 bill.
  5 34    The bill gives an employee the right to predesignate a
  5 35 physician who is a primary care provider, from whom the
  6  1 employee has previously received treatment for a
  6  2 nonoccupational injury, illness, or examination, to provide
  6  3 treatment for a work=related injury.  The employer is required
  6  4 to provide written notice to employees of this right upon
  6  5 hire, periodically during employment, and upon receiving
  6  6 notice of an injury from an employee, in a manner prescribed
  6  7 by the workers' compensation commissioner.
  6  8    If the employer fails to provide such notification, an
  6  9 injured employee has the right to choose any physician to
  6 10 provide treatment for the work=related injury and that
  6 11 treatment shall be considered authorized care.
  6 12    If the employer or employee is dissatisfied with the care
  6 13 chosen by the other party, the dissatisfied party is required
  6 14 to communicate the basis of dissatisfaction to the other party
  6 15 in writing and the parties may agree to alternate care
  6 16 reasonably suited to treat the injury.  If the parties cannot
  6 17 agree to such alternate care, the dissatisfied party may make
  6 18 an application for alternate care to the commissioner.
  6 19    An application for alternate care is an original proceeding
  6 20 and is treated as a contested case.  A party may request that
  6 21 the hearing be held in person, by telephone, or by audio=video
  6 22 conference.  The commissioner is required to issue a decision
  6 23 within 10 working days of receipt of an application made
  6 24 pursuant to a telephone hearing or audio=video conference
  6 25 hearing and within 14 days of an in=person hearing.
  6 26    Code section 85.39 is amended to provide that if the
  6 27 employee has chosen care, when it is medically indicated that
  6 28 no significant improvement from an injury is anticipated, the
  6 29 employee may obtain a medical opinion regarding the extent of
  6 30 the employee's permanent disability.  If the employer believes
  6 31 that the evaluation of permanent disability obtained by the
  6 32 employee is too high, the employer has the right to obtain
  6 33 another medical opinion from a physician of the employer's
  6 34 choosing.
  6 35    The bill applies to injuries occurring on or after January
  7  1 1, 2009.
  7  2 LSB 6539YC 82
  7  3 av/nh/5.2