Senate Study Bill 3218 SENATE FILE BY (PROPOSED COMMITTEE ON LABOR AND BUSINESS RELATIONS BILL BY CHAIRPERSON DEARDEN) Passed Senate, Date Passed House, Date Vote: Ayes Nays Vote: Ayes Nays Approved A BILL FOR 1 An Act relating to workers' compensation provisions for continued 2 medically related benefits in certain settlements of workers' 3 compensation claims and to funding of the second injury fund 4 and providing an effective date. 5 BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF IOWA: 6 TLSB 6043XC 82 7 av/rj/8 PAG LIN 1 1 Section 1. Section 85.35, Code 2007, is amended by adding 1 2 the following new subsection: 1 3 NEW SUBSECTION. 5A. The parties to any settlement made 1 4 pursuant to this section may agree that the employee has the 1 5 right to benefits pursuant to section 85.27 under such terms 1 6 and conditions as agreed to by the parties in the settlement, 1 7 for a specified period of time after the settlement has been 1 8 approved by the workers' compensation commissioner. During 1 9 that specified period of time, the commissioner shall have 1 10 jurisdiction of the settlement for the purpose of adjudicating 1 11 the employee's entitlement to benefits provided for in section 1 12 85.27 as agreed upon in the settlement. 1 13 Sec. 2. Section 85.65A, subsection 5, Code 2007, is 1 14 amended by striking the subsection. 1 15 Sec. 3. EFFECTIVE DATE. This Act, being deemed of 1 16 immediate importance, takes effect upon enactment. 1 17 EXPLANATION 1 18 This bill relates to provisions for continued medically 1 19 related benefits in certain settlements of workers' 1 20 compensation claims. 1 21 The bill amends Code section 85.35 by allowing parties to a 1 22 settlement for workers' compensation benefits to agree that 1 23 the employee has the right to medically related benefits 1 24 pursuant to Code section 85.27 under such terms and conditions 1 25 as agreed to by the parties in the settlement, for a specified 1 26 period of time after the settlement has been approved by the 1 27 workers' compensation commissioner. During the specified 1 28 period of time, the workers' compensation commissioner retains 1 29 jurisdiction of the settlement for the purpose of adjudicating 1 30 the employee's entitlement to the medically related benefits, 1 31 as agreed upon in the settlement. 1 32 The bill strikes Code section 85.65A(5) which repeals this 1 33 section on July 1, 2008. Code section 85.65A allows 1 34 imposition of a surcharge on employers to fund the workers' 1 35 compensation second injury fund. The bill is effective upon 2 1 enactment. 2 2 LSB 6043XC 82 2 3 av/rj/8.1