Text: H08391                            Text: H08393
Text: H08300 - H08399                   Text: H Index
Bills and Amendments: General Index     Bill History: General Index

House Amendment 8392

Amendment Text

PAG LIN
  1  1    Amend the amendment, H-8299, to Senate File 2190,
  1  2 as amended, passed, and reprinted by the Senate, as
  1  3 follows:
  1  4    #1.  Page 1, by inserting after line 2 the
  1  5 following:
  1  6    "#   .  Page 2, by inserting before line 6 the
  1  7 following:
  1  8    "Sec.    .  Section 85.27, subsection 4, Code
  1  9 Supplement 2001, is amended to read as follows:
  1 10    4.  For purposes of this section, the employer is
  1 11 obliged to furnish reasonable services and supplies to
  1 12 treat an injured employee, and has the right to choose
  1 13 the care but the choice of care shall be made jointly
  1 14 by the employer and the employee.  The treatment must
  1 15 be offered promptly and be reasonably suited to treat
  1 16 the injury without undue inconvenience to the
  1 17 employee.  If the employee has reason to be
  1 18 dissatisfied with the care offered, the employee
  1 19 should communicate the basis of such dissatisfaction
  1 20 to the employer, in writing if requested, following
  1 21 which the employer and the employee may agree to
  1 22 alternate care reasonably suited to treat the injury.
  1 23 If the employer and employee cannot agree on such
  1 24 alternate care, the commissioner may, upon application
  1 25 and reasonable proofs of the necessity therefor, allow
  1 26 and order other alternate care.  In an emergency, or
  1 27 if, at any time prior to an alternate care decision
  1 28 being issued by the commissioner, the employee
  1 29 reasonably needs care, the employee may choose the
  1 30 employee's care at the employer's expense, provided
  1 31 the employer or the employer's agent cannot be reached
  1 32 immediately.  An application made under this
  1 33 subsection shall be considered an original proceeding
  1 34 for purposes of commencement and contested case
  1 35 proceedings under section 85.26.  The hearing shall be
  1 36 conducted pursuant to chapter 17A.  Before a hearing
  1 37 is scheduled, the parties may choose a telephone
  1 38 hearing or an in-person hearing.  A request for an in-
  1 39 person hearing shall be approved unless the in-person
  1 40 hearing would be impractical because of the distance
  1 41 between the parties to the hearing.  The workers'
  1 42 compensation commissioner shall issue a decision
  1 43 within ten working days of receipt of an application
  1 44 for alternate care made pursuant to a telephone
  1 45 hearing or within fourteen working days of receipt of
  1 46 an application for alternate care made pursuant to an
  1 47 in-person hearing.  The employer shall notify an
  1 48 injured employee of the employee's ability to contest
  1 49 the employer's choice of care pursuant to this
  1 50 subsection.""
  2  1    #2.  By renumbering as necessary.  
  2  2 
  2  3 
  2  4                               
  2  5 JOCHUM of Dubuque
  2  6 SF 2190.315 79
  2  7 ec/cf
     

Text: H08391                            Text: H08393
Text: H08300 - H08399                   Text: H Index
Bills and Amendments: General Index     Bill History: General Index

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