Text: H08383                            Text: H08385
Text: H08300 - H08399                   Text: H Index
Bills and Amendments: General Index     Bill History: General Index

House Amendment 8384

Amendment Text

PAG LIN
  1  1    Amend Senate File 2190, as amended, passed, and
  1  2 reprinted by the Senate, as follows:
  1  3    #1.  Page 2, by inserting before line 6 the
  1  4 following:
  1  5    "Sec.    .  Section 85.27, subsection 4, Code
  1  6 Supplement 2001, is amended to read as follows:
  1  7    4.  For purposes of this section, the employer is
  1  8 obliged to furnish reasonable services and supplies to
  1  9 treat an injured employee, and has the right to choose
  1 10 the care but the choice of care shall be made jointly
  1 11 by the employer and the employee.  The treatment must
  1 12 be offered promptly and be reasonably suited to treat
  1 13 the injury without undue inconvenience to the
  1 14 employee.  If the employee has reason to be
  1 15 dissatisfied with the care offered, the employee
  1 16 should communicate the basis of such dissatisfaction
  1 17 to the employer, in writing if requested, following
  1 18 which the employer and the employee may agree to
  1 19 alternate care reasonably suited to treat the injury.
  1 20 If the employer and employee cannot agree on such
  1 21 alternate care, the commissioner may, upon application
  1 22 and reasonable proofs of the necessity therefor, allow
  1 23 and order other alternate care.  In an emergency, or
  1 24 if, at any time prior to an alternate care decision
  1 25 being issued by the commissioner, the employee
  1 26 reasonably needs care, the employee may choose the
  1 27 employee's care at the employer's expense, provided
  1 28 the employer or the employer's agent cannot be reached
  1 29 immediately.  An application made under this
  1 30 subsection shall be considered an original proceeding
  1 31 for purposes of commencement and contested case
  1 32 proceedings under section 85.26.  The hearing shall be
  1 33 conducted pursuant to chapter 17A.  Before a hearing
  1 34 is scheduled, the parties may choose a telephone
  1 35 hearing or an in-person hearing.  A request for an in-
  1 36 person hearing shall be approved unless the in-person
  1 37 hearing would be impractical because of the distance
  1 38 between the parties to the hearing.  The workers'
  1 39 compensation commissioner shall issue a decision
  1 40 within ten working days of receipt of an application
  1 41 for alternate care made pursuant to a telephone
  1 42 hearing or within fourteen working days of receipt of
  1 43 an application for alternate care made pursuant to an
  1 44 in-person hearing.  The employer shall notify an
  1 45 injured employee of the employee's ability to contest
  1 46 the employer's choice of care pursuant to this
  1 47 subsection."
  1 48    #2.  By renumbering as necessary.  
  1 49 
  1 50 
  2  1                               
  2  2 JOCHUM of Dubuque
  2  3 SF 2190.710 79
  2  4 ec/cls
     

Text: H08383                            Text: H08385
Text: H08300 - H08399                   Text: H Index
Bills and Amendments: General Index     Bill History: General Index

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