Text: SSB01020 Text: SSB01022 Text: SSB01000 - SSB01099 Text: SSB Index Bills and Amendments: General Index Bill History: General Index
PAG LIN 1 1 Section 1. Section 85.27, subsection 3, Code 2003, is 1 2 amended to read as follows: 1 3 3. Notwithstanding section 85.26, subsection 4, charges 1 4 believed to be excessive or unnecessary may be referred by the 1 5 employer, insurance carrier, or health service provider to the 1 6 workers' compensation commissioner for determination, and the 1 7 commissioner may utilize the procedures provided in sections 1 8 86.38 and 86.39, or set by rule, and conduct such inquiry as 1 9 the commissioner deems necessary. Any health service provider 1 10 charges not in dispute shall be paid directly to the health 1 11 service provider prior to utilization of procedures provided 1 12 in sections 86.38 and 86.39 or set by rule. A health service 1 13 provider rendering treatment to an employee whose injury is 1 14 compensable under this section agrees to be bound by such 1 15 charges as allowed by the workers' compensation commissioner 1 16 and shall not recover in law or equity any amount in excess of 1 17 charges set by the commissioner. When a dispute under chapter 1 18 85, 85A, or 85B regarding reasonableness of a fee for medical 1 19 services arises between a health service provider and an 1 20 employer or insurance carrier, the health service provider, 1 21 employer, or insurance carrier shall not seek payment from the 1 22 injured employee, employer, or its workers' compensation 1 23 insurance carrier prior to a determination of the 1 24 reasonableness of the charges under this subsection. 1 25 Sec. 2. Section 85.27, subsection 7, Code 2003, is amended 1 26 to read as follows: 1 27 7. If, after the third day of incapacity to work following 1 28 the date of sustaining a compensable injury which does not 1 29 result in permanent partial disability, or if, at any time 1 30 after sustaining a compensable injury which results in 1 31 permanent partial disability, an employee, who is not 1 32 receiving weekly benefits under section 85.33 or section 1 33 85.34, subsection 1, returns to work and is required to leave 1 34 work for one full day or less to receive services pursuant to 1 35 this section, the employee shall be paid an amount equivalent 2 1 to the wages lost at the employee's regular rate of pay for 2 2 the time the employee is required to leave work. For the 2 3 purposes of this subsection only, "day of incapacity to work" 2 4 means eight hours of accumulated absence from work due to 2 5 incapacity to work or due to the receipt of services pursuant 2 6 to this section. The employer shall make the payments under 2 7 this subsection as wages to the employee after making such 2 8 deductions from the amount as legally required or customarily 2 9 made by the employer from wages. Payments made under this 2 10 subsection shall be required to be reimbursed pursuant to any 2 11 insurance policy covering workers' compensation. Payments 2 12 under this subsection shall not be construed to be payment of 2 13 weekly benefits. 2 14 Sec. 3. Section 85.38, subsection 2, unnumbered paragraph 2 15 2, Code 2003, is amended to read as follows: 2 16 If an employer denies liability under this chapter, chapter 2 17 85A, or chapter 85B, for payment for any medical services 2 18receivedor weekly compensation requested by an employeewith2 19a disability, and the employee is a beneficiary under either 2 20 an individual or group plan for nonoccupational illness, 2 21 injury, or disability, the nonoccupational plan shall not deny 2 22 paymentfor the medical services receivedof benefits under 2 23 the plan on the basis that the employer's liabilityfor the2 24medical servicesunder this chapter, chapter 85A, or chapter 2 25 85B is unresolved. 2 26 Sec. 4. Section 86.42, Code 2003, is amended to read as 2 27 follows: 2 28 86.42 JUDGMENT BY DISTRICT COURT ON AWARD. 2 29 Any party in interest may present acertifiedcopy of an 2 30 order or decision of the commissioner, from which a timely 2 31 petition for judicial review has not been filed or if judicial 2 32 review has been filed, which has not had execution or 2 33 enforcement stayed as provided in section 17A.19, subsection 2 34 5, or an order or decision of a deputy commissioner from which 2 35 a timely appeal has not been taken within the agency and which 3 1 has become final by the passage of time as provided by rule 3 2 and section 17A.15, or an agreement for settlement approved by 3 3 the commissioner, and all papers in connection therewith, to 3 4 the district court where judicial review of the agency action 3 5 may be commenced. The court shall render a decree or judgment 3 6 and cause the clerk to notify the parties. The decree or 3 7 judgment, in the absence of a petition for judicial review or 3 8 if judicial review has been commenced, in the absence of a 3 9 stay of execution or enforcement of the decision or order of 3 10 the workers' compensation commissioner, or in the absence of 3 11 an act of any party which prevents a decision of a deputy 3 12 workers' compensation commissioner from becoming final, has 3 13 the same effect and in all proceedings in relation thereto is 3 14 the same as though rendered in a suit duly heard and 3 15 determined by the court. 3 16 Sec. 5. Section 86.43, Code 2003, is amended to read as 3 17 follows: 3 18 86.43 JUDGMENT – MODIFICATION OF. 3 19 Upon the presentation to the court of acertifiedcopy of a 3 20 decision of the workers' compensation commissioner, ending, 3 21 diminishing, or increasing the compensation under the 3 22 provisions of this chapter, the court shall revoke or modify 3 23 the decree or judgment to conform to such decision. 3 24 EXPLANATION 3 25 This bill amends several provisions relating to workers' 3 26 compensation law in Iowa. Code section 85.27, subsection 3, 3 27 is amended to provide that when there is a dispute as to the 3 28 reasonableness of a fee for medical services between a health 3 29 service provider and an employer or the employer's insurance 3 30 carrier, the employer or its workers' compensation insurance 3 31 carrier as well as the employee cannot be asked for payment of 3 32 the fee for medical services until a determination of the 3 33 reasonableness of the fee has been made by the workers' 3 34 compensation commissioner. 3 35 Code section 85.27, subsection 7, is amended to provide 4 1 that for the purposes of this subsection only, a "day of 4 2 incapacity to work" means eight hours of accumulated absence 4 3 from work due to incapacity to work or due to the employee's 4 4 receipt of medical services pursuant to Code section 85.27. 4 5 Code section 85.38, subsection 2, is amended to provide 4 6 that weekly wage replacement benefits for an injured worker 4 7 will be treated the same as medical benefits so that if an 4 8 employee has both group disability and workers' compensation 4 9 coverage, the group disability carrier will pay benefits to 4 10 the injured employee until the workers' compensation liability 4 11 is resolved without prejudicing the rights of either the 4 12 employer or the employee. 4 13 Code sections 86.42 and 86.43 are amended to provide that a 4 14 party may present a copy instead of a certified copy of an 4 15 order or decision of the workers' compensation commissioner to 4 16 the district court to obtain a judgment on an award of 4 17 workers' compensation benefits. 4 18 LSB 1491SC 80 4 19 av/pj/5
Text: SSB01020 Text: SSB01022 Text: SSB01000 - SSB01099 Text: SSB Index Bills and Amendments: General Index Bill History: General Index
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