Text: HSB00554 Text: HSB00556 Text: HSB00500 - HSB00599 Text: HSB 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, and has the right to choose the care. The
1 6 treatment must be offered promptly and be reasonably suited to
1 7 treat the injury without undue inconvenience to the employee.
1 8 If the employee has reason to be dissatisfied with the care
1 9 offered, the employee should communicate the basis of such
1 10 dissatisfaction to the employer, in writing if requested,
1 11 following which the employer and the employee may agree to
1 12 alternate care reasonably suited to treat the injury. If the
1 13 employer and employee cannot agree on such alternate care, the
1 14 commissioner may, upon application and reasonable proofs of
1 15 the necessity therefor, allow and order other care. In an
1 16 emergency, the employee may choose the employee's care at the
1 17 employer's expense, provided the employer or the employer's
1 18 agent cannot be reached immediately. An application made
1 19 under this subsection shall be considered an original
1 20 proceeding for purposes of commencement and contested case
1 21 proceedings under section 85.26. The hearing shall be
1 22 conducted pursuant to chapter 17A no sooner than thirty days
1 23 from the date that the application is filed. Before a hearing
1 24 is scheduled, the parties may choose a telephone hearing or an
1 25 in-person hearing. A request for an in-person hearing shall
1 26 be approved unless the in-person hearing would be impractical
1 27 because of the distance between the parties to the hearing.
1 28 The workers' compensation commissioner shall issue a decision
1 29 within ten working days of receipt of an application for
1 30 alternate care made pursuant to a telephone hearing or within
1 31 fourteen working days of receipt of an application for
1 32 alternate care made pursuant to an in-person hearing. The
1 33 employer shall notify an injured employee of the employee's
1 34 ability to contest the employer's choice of care pursuant to
1 35 this subsection.
2 1 EXPLANATION
2 2 This bill amends Code section 85.27, subsection 4, to
2 3 provide that a workers' compensation hearing on an employee's
2 4 application for alternate medical care cannot be held any
2 5 sooner than 30 days from the date the application is filed.
2 6 LSB 5351YC 80
2 7 av/sh/8
Text: HSB00554 Text: HSB00556 Text: HSB00500 - HSB00599 Text: HSB Index Bills and Amendments: General Index Bill History: General Index
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