Text: S05356                            Text: S05358
Text: S05300 - S05399                   Text: S Index
Bills and Amendments: General Index     Bill History: General Index

Senate Amendment 5357

Amendment Text

PAG LIN
  1  1    Amend the House amendment, S-5272, to Senate File
  1  2 2190, as amended, passed, and reprinted by the Senate,
  1  3 as follows:
  1  4    #1.  Page 1, by inserting after line 4, 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 the employee has the right to choose the
  1 14 employee's care at the employer's expense if the
  1 15 employer is notified of the choice.  The treatment
  1 16 must be offered promptly and be reasonably suited to
  1 17 treat the injury without undue inconvenience to the
  1 18 employee.  If the employee employer has reason to be
  1 19 dissatisfied with the care offered, the employee
  1 20 employer should communicate the basis of such
  1 21 dissatisfaction to the employer employee, in writing
  1 22 if requested, following which the employer and the
  1 23 employee may agree to alternate care reasonably suited
  1 24 to treat the injury.  If the employer and employee
  1 25 cannot agree on such alternate care, the commissioner
  1 26 may, upon application and reasonable proofs of the
  1 27 necessity therefor, allow and order other care.  In an
  1 28 emergency, the employee may choose the employee's care
  1 29 at the employer's expense, provided the employer or
  1 30 the employer's agent cannot be reached immediately.
  1 31 An application made under this subsection shall be
  1 32 considered an original proceeding for purposes of
  1 33 commencement and contested case proceedings under
  1 34 section 85.26.  The hearing shall be conducted
  1 35 pursuant to chapter 17A.  Before a hearing is
  1 36 scheduled, the parties may choose a telephone hearing
  1 37 or an in-person hearing.  A request for an in-person
  1 38 hearing shall be approved unless the in-person hearing
  1 39 would be impractical because of the distance between
  1 40 the parties to the hearing.  The workers' compensation
  1 41 commissioner shall issue a decision within ten working
  1 42 days of receipt of an application for alternate care
  1 43 made pursuant to a telephone hearing or within
  1 44 fourteen working days of receipt of an application for
  1 45 alternate care made pursuant to an in-person hearing.
  1 46 The employer shall notify an injured employee of the
  1 47 employee's ability to contest the employer's choice of
  1 48 care pursuant to this subsection.  This subsection
  1 49 does not prohibit an employer from retaining a
  1 50 physician or other health service provider for use by
  2  1 employees."" 
  2  2 
  2  3 
  2  4                               
  2  5 BETTY A. SOUKUP 
  2  6 SF 2190.216 79
  2  7 ec/sh
     

Text: S05356                            Text: S05358
Text: S05300 - S05399                   Text: S Index
Bills and Amendments: General Index     Bill History: General Index

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