Text: HF00121                           Text: HF00123
Text: HF00100 - HF00199                 Text: HF Index
Bills and Amendments: General Index     Bill History: General Index



House File 122

Partial Bill History

Bill Text

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, and has the right to choose the care the 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 the employee employer has reason to be dissatisfied with
  1 11 the care offered, the employee employer should communicate the
  1 12 basis of such dissatisfaction to the employer employee, 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 choose
  1 19 the employee's care at the employer's expense, provided the
  1 20 employer or the employer's agent cannot be reached
  1 21 immediately.  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 employee
  1 35 of the employee's ability to contest the employer's choice of
  2  1 care 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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