Text: HF00121 Text: HF00123 Text: HF00100 - HF00199 Text: HF Index Bills and Amendments: General Index Bill History: General Index
PAG LIN 1 1 Section 1. Section 85.27, unnumbered paragraph 4, Code 1 2 2001, is amended to read as follows: 1 3 For purposes of this section, the employer is obliged to 1 4 furnish reasonable services and supplies to treat an injured 1 5 employee, andhas the right to choose the carethe employee 1 6 has the right to choose the employee's care at the employer's 1 7 expense if the employer is notified of the choice. The 1 8 treatment must be offered promptly and be reasonably suited to 1 9 treat the injury without undue inconvenience to the employee. 1 10 If theemployeeemployer has reason to be dissatisfied with 1 11 the care offered, theemployeeemployer should communicate the 1 12 basis of such dissatisfaction to theemployeremployee, in 1 13 writing if requested, following which the employer and the 1 14 employee may agree to alternate care reasonably suited to 1 15 treat the injury. If the employer and employee cannot agree 1 16 on such alternate care, the commissioner may, upon application 1 17 and reasonable proofs of the necessity therefore, allow and 1 18 order other care.In an emergency, the employee may choose1 19the employee's care at the employer's expense, provided the1 20employer or the employer's agent cannot be reached1 21immediately.An application made under this paragraph shall 1 22 be considered an original proceeding for purposes of 1 23 commencement and contested case proceedings under section 1 24 85.26. The hearing shall be conducted pursuant to chapter 1 25 17A. Before a hearing is scheduled, the parties may choose a 1 26 telephone hearing or an in-person hearing. A request for an 1 27 in-person hearing shall be approved unless the in-person 1 28 hearing would be impractical because of the distance between 1 29 the parties to the hearing. The workers' compensation 1 30 commissioner shall issue a decision within ten working days of 1 31 receipt of an application for alternate care made pursuant to 1 32 a telephone hearing or within fourteen working days of receipt 1 33 of an application for alternate care made pursuant to an in- 1 34 person hearing.The employer shall notify an injured employee1 35of the employee's ability to contest the employer's choice of2 1care pursuant to this paragraph.This paragraph does not 2 2 prohibit an employer from retaining a physician or other 2 3 health service provider for use by employees. 2 4 EXPLANATION 2 5 This bill provides that an employee, based on an injury 2 6 compensable under the workers' compensation law, has the right 2 7 to choose the care at the employer's expense if the employer 2 8 is notified of the choice. The employer has the right to 2 9 challenge this choice and to request a decision by the 2 10 workers' compensation commissioner. Currently, the employer 2 11 has the right to choose the care of an injured employee, 2 12 subject to the employee's right to choose the care in an 2 13 emergency situation and subject to the ability of the employee 2 14 to challenge the choice before the workers' compensation 2 15 commissioner. The bill also does not prohibit an employer 2 16 from making medical care available to employees. 2 17 LSB 1623YH 79 2 18 av/pj/5
Text: HF00121 Text: HF00123 Text: HF00100 - HF00199 Text: HF Index Bills and Amendments: General Index Bill History: General Index
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