Text: HF00352 Text: HF00354 Text: HF00300 - HF00399 Text: HF Index Bills and Amendments: General Index Bill History: General Index
PAG LIN 1 1 Section 1. Section 85.27, subsection 4, Code 2003, is 1 2 amended to read as follows: 1 3 4. For purposes of this section, the employer is obliged 1 4 to furnish reasonable services and supplies to treat an 1 5 injured employee, andhas the right to choose the carethe 1 6 employee has the right to choose the employee's care at the 1 7 employer's expense if the employer is notified of the choice. 1 8 The treatment must be offered promptly and be reasonably 1 9 suited to treat the injury without undue inconvenience to the 1 10 employee. If theemployeeemployer has reason to be 1 11 dissatisfied with the care offered, theemployeeemployer 1 12 should communicate the basis of such dissatisfaction to the 1 13employeremployee, in writing if requested, following which 1 14 the employer and the employee may agree to alternate care 1 15 reasonably suited to treat the injury. If the employer and 1 16 employee cannot agree on such alternate care, the commissioner 1 17 may, upon application and reasonable proofs of the necessity 1 18 therefore, allow and order other care.In an emergency, the1 19employee may choose the employee's care at the employer's1 20expense, provided the employer or the employer's agent cannot1 21be reached immediately.An application made under this 1 22 subsection shall be considered an original proceeding for 1 23 purposes of commencement and contested case proceedings under 1 24 section 85.26. The hearing shall be conducted pursuant to 1 25 chapter 17A. Before a hearing is scheduled, the parties may 1 26 choose a telephone hearing or an in-person hearing. A request 1 27 for an in-person hearing shall be approved unless the in- 1 28 person hearing would be impractical because of the distance 1 29 between 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 subsection.This subsection 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 to treat the injury at the employer's 2 8 expense if the employer is notified of the choice. The 2 9 employer has the right to challenge this choice and to request 2 10 a decision by the workers' compensation commissioner. 2 11 Currently, the employer has the right to choose the care of an 2 12 injured employee, subject to the employee's right to choose 2 13 the care in an emergency situation and subject to the ability 2 14 of the employee to challenge the choice before the workers' 2 15 compensation commissioner. The bill also does not prohibit an 2 16 employer from making medical care available to employees. 2 17 LSB 1028YH 80 2 18 ec/pj/5
Text: HF00352 Text: HF00354 Text: HF00300 - HF00399 Text: HF Index Bills and Amendments: General Index Bill History: General Index
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