Text: SSB03079 Text: SSB03081 Text: SSB03000 - SSB03099 Text: SSB Index Bills and Amendments: General Index Bill History: General Index
PAG LIN 1 1 Section 1. Section 22.7, Code Supplement 2003, is amended 1 2 by adding the following new subsection: 1 3 NEW SUBSECTION. 48. Confidential information filed with 1 4 the workers' compensation commissioner as defined in section 1 5 86.45, subsection 1. 1 6 Sec. 2. Section 85.27, subsection 7, Code 2003, is amended 1 7 to read as follows: 1 8 7. If, after the third day of incapacity to work following 1 9 the date of sustaining a compensable injury which does not 1 10 result in permanent partial disability, or if, at any time 1 11 after sustaining a compensable injury which results in 1 12 permanent partial disability, an employee, who is not 1 13 receiving weekly benefits under section 85.33 or section 1 14 85.34, subsection 1, returns to work and is required to leave 1 15 work for one full day or less to receive services pursuant to 1 16 this section, the employee shall be paid an amount equivalent 1 17 to the wages lost at the employee's regular rate of pay for 1 18 the time the employee is required to leave work. For the 1 19 purposes of this subsection, "day of incapacity to work" means 1 20 eight hours of accumulated absence from work due to incapacity 1 21 to work or due to the receipt of services pursuant to this 1 22 subsection. The employer shall make the payments under this 1 23 subsection as wages to the employee after making such 1 24 deductions from the amount as legally required or customarily 1 25 made by the employer from wages. Payments made under this 1 26 subsection shall be required to be reimbursed pursuant to any 1 27 insurance policy covering workers' compensation. Payments 1 28 under this subsection shall not be construed to be payment of 1 29 weekly benefits. 1 30 Sec. 3. Section 85.38, subsection 2, unnumbered paragraph 1 31 2, Code 2003, is amended to read as follows: 1 32 If an employer denies liability under this chapter, chapter 1 33 85A, or chapter 85B, for payment for any medical services 1 34 received or weekly compensation requested by an employee with 1 35 a disability, and the employee is a beneficiary under either 2 1 an individual or group plan for nonoccupational illness, 2 2 injury, or disability, the nonoccupational plan shall not deny 2 3 paymentfor the medical services receivedof benefits under 2 4 the plan on the basis that the employer's liabilityfor the2 5medical servicesunder this chapter, chapter 85A, or chapter 2 6 85B is unresolved. 2 7 Sec. 4. Section 86.24, subsection 4, Code 2003, is amended 2 8 to read as follows: 2 9 4. A transcript of a contested case proceeding shall be 2 10 provided by an appealing party at the party's costand an2 11affidavit shall be filed by the appealing party or the party's2 12attorney with the workers' compensation commissioner within2 13ten days after the filing of the appeal to the workers'2 14compensation commissioner stating that the transcript has been2 15ordered and identifying the name and address of the reporter2 16or reporting firm from which the transcript has been ordered. 2 17 Sec. 5. NEW SECTION. 86.45 CONFIDENTIAL INFORMATION. 2 18 1. "Confidential information", for the purposes of this 2 19 section, means all information that is filed with the workers' 2 20 compensation commissioner as a result of an employee's injury 2 21 or death that would allow the identification of the employee 2 22 or the employee's dependents. Confidential information 2 23 includes first reports of injury and subsequent reports of 2 24 claim activity. Confidential information does not include 2 25 pleadings, motions, decisions, opinions, or applications for 2 26 settlement that are filed with the workers' compensation 2 27 commissioner. 2 28 2. The workers' compensation commissioner shall not 2 29 disclose confidential information except as follows: 2 30 a. Pursuant to the terms of a written waiver of 2 31 confidentiality executed by the employee or the dependents of 2 32 the employee whose information is filed with the workers' 2 33 compensation commissioner. 2 34 b. To another governmental agency, or to an advisory, 2 35 rating, or research organization, for the purpose of compiling 3 1 statistical data, evaluating the state's workers' compensation 3 2 system, or conducting scientific, medical, or public policy 3 3 research, where such disclosure will not allow the 3 4 identification of the employee or the employee's dependents. 3 5 c. To the employee or to the agent or attorney of the 3 6 employee whose information is filed with the workers' 3 7 compensation commissioner. 3 8 d. To the person or to the agent of the person who 3 9 submitted the information to the workers' compensation 3 10 commissioner. 3 11 e. To an agent, representative, attorney, investigator, 3 12 consultant, or adjuster of an employer, or insurance carrier 3 13 or third-party administrator of workers' compensation 3 14 benefits, who is involved in administering a claim for such 3 15 benefits related to the injury or death of the employee whose 3 16 information is filed with the workers' compensation 3 17 commissioner. 3 18 f. To all parties to a contested case proceeding before 3 19 the workers' compensation commissioner in which the employee 3 20 or a dependent of the employee, whose information is filed 3 21 with the workers' compensation commissioner, is a party. 3 22 g. In compliance with a subpoena. 3 23 h. To an agent, representative, attorney, investigator, 3 24 consultant, or adjuster of the employee, employer, or 3 25 insurance carrier or third-party administrator of insurance 3 26 benefits, who is involved in administering a claim for 3 27 insurance benefits related to the injury or death of the 3 28 employee whose information is filed with the workers' 3 29 compensation commissioner. 3 30 3. This section does not create a cause of action for a 3 31 violation of its provisions against the workers' compensation 3 32 commissioner or against the state or any governmental 3 33 subdivision of the state. 3 34 Sec. 6. Section 87.11, unnumbered paragraph 1, Code 2003, 3 35 is amended to read as follows: 4 1 When an employer coming under this chapter furnishes 4 2 satisfactory proofs to the insurance commissioner of such 4 3 employer's solvency and financial ability to pay the 4 4 compensation and benefits as by law provided and to make such 4 5 payments to the parties when entitled thereto, or when such 4 6 employer deposits with the insurance commissioner security 4 7 satisfactory to the insurance commissionerand the workers'4 8compensation commissioneras guaranty for the payment of such 4 9 compensation, such employer shall be relieved of the 4 10 provisions of this chapter requiring insurance; but such 4 11 employer shall, from time to time, furnish such additional 4 12 proof of solvency and financial ability to pay as may be 4 13 required by such insurance commissioneror workers'4 14compensation commissioner. Such security shall be held in 4 15 trust for the sole purpose of paying compensation and benefits 4 16 and is not subject to attachment, levy, execution, 4 17 garnishment, liens, or any other form of encumbrance. A 4 18 political subdivision, including a city, county, community 4 19 college, or school corporation, that is self-insured for 4 20 workers' compensation is not required to submit a plan or 4 21 program to the insurance commissioner for review and approval. 4 22 Sec. 7. Section 87.11, unnumbered paragraph 3, Code 2003, 4 23 is amended to read as follows: 4 24 If an employer becomes insolvent and a debtor under 11 4 25 U.S.C., on or after January 1, 1990, or ceases doing business, 4 26 this paragraph applies. Thecommissioner ofinsurance 4 27 commissioner may request of the workers' compensation 4 28 commissioner that all future payments of workers' compensation 4 29 weekly benefits, medical expenses, or other payments pursuant 4 30 to chapter 85, 85A, 85B, 86, or 87 be commuted to a present 4 31 lump sum. The workers' compensation commissioner shall fix 4 32 the lump sum of probable future medical expenses and weekly 4 33 compensation benefits, or other benefits payable pursuant to 4 34 chapter 85, 85A, 85B, 86, or 87, capitalized at their present 4 35 value upon the basis of interest at the rate provided in 5 1 section 535.3 for court judgments and decrees. If an employer 5 2 ceases doing business without becoming insolvent, the 5 3 insurance commissioner shall publish notice of the time and 5 4 manner for filing claims against the employer in a newspaper 5 5 in general circulation in the county or counties within the 5 6 state where the employer is known to have maintained a place 5 7 of business. The notice shall be published once each week for 5 8 three consecutive weeks with the last publication not less 5 9 than thirty days before the time for filing claims expires. 5 10 Defects in the notice or publication shall not affect the 5 11 period for filing claims against the employer or give rise to 5 12 a claim against the insurance commissioner. All claims that 5 13 are not otherwise barred shall become barred if not filed 5 14 within five years after the date the employer ceased doing 5 15 business, as determined by the insurance commissioner, 5 16 including claims for review reopening, benefits under section 5 17 85.27, and latent injuries. Thecommissioner ofinsurance 5 18 commissioner shall be discharged from all further liability 5 19 for the commuted workers' compensation claim upon payment of 5 20 the present lump sum to either the claimant, or a licensed 5 21 insurer for purchase of an annuity or other periodic payment 5 22 plan for the benefit of the claimant. 5 23 Sec. 8. Section 87.14A, Code 2003, is amended to read as 5 24 follows: 5 25 87.14A INSURANCEOR BONDREQUIRED. 5 26 An employer subject to this chapter and chapters 85, 85A, 5 27 85B, and 86 shall not engage in business without first 5 28 obtaining insurance covering compensation benefits or 5 29 obtaining relief from insurance as provided in this chapteror5 30furnishing a bond pursuant to section 87.16. A person who 5 31 willfully and knowingly violates this section is guilty of a 5 32 class "D" felony. 5 33 Sec. 9. Section 87.19, unnumbered paragraph 1, Code 2003, 5 34 is amended to read as follows: 5 35 Upon the receipt of information by the workers' 6 1 compensation commissioner of any employer failing to comply 6 2 withsections 87.16 and 87.17section 87.14A, the commissioner 6 3 shall at once notify such employer by certified mail that 6 4 unless such employer comply with the requirements of law, 6 5 legal proceedings will be instituted to enforce such 6 6 compliance. 6 7 Sec. 10. Section 87.20, Code 2003, is amended to read as 6 8 follows: 6 9 87.20 REVOCATION OF RELEASE FROM INSURANCE. 6 10 The insurance commissionerwith the concurrence of the6 11workers' compensation commissionermay, at any time, upon 6 12 reasonable notice to such employer and upon hearing, revoke 6 13 for cause any order theretofore made relieving any employer 6 14 from carrying insurance as provided by this chapter. 6 15 Sec. 11. Sections 87.16 and 87.17, Code 2003, are 6 16 repealed. 6 17 EXPLANATION 6 18 This bill amends Code section 22.7 to provide that 6 19 confidential information filed with the workers' compensation 6 20 commissioner as defined as Code section 86.45 is a 6 21 confidential public record for purposes of this state's public 6 22 records law. 6 23 The bill adds new Code section 86.45 that defines 6 24 "confidential information" to mean all information that is 6 25 filed with the workers' compensation commissioner as a result 6 26 of an employee's injury or death that would allow 6 27 identification of the employee or the employee's dependents. 6 28 "Confidential information" includes first reports of injury 6 29 and subsequent reports of claim activity but does not include 6 30 pleadings, motions, decisions, opinions, and applications for 6 31 settlement that are filed with the workers' compensation 6 32 commissioner. 6 33 The bill provides that the workers' compensation 6 34 commissioner shall not disclose such confidential information 6 35 except pursuant to the terms of a written waiver of 7 1 confidentiality executed by the employee or the dependents of 7 2 the employee whose information is filed with the workers' 7 3 compensation commissioner; to another governmental agency or 7 4 to an advisory, rating or research organization, for the 7 5 purpose of compiling statistical data, or conducting 7 6 scientific, medical, or public policy research, where such 7 7 disclosure will not allow identification of the employee or 7 8 the employee's dependents; to the employee or to the agent or 7 9 attorney of the employee whose information is filed with the 7 10 workers' compensation commissioner; to the person or agent of 7 11 the person who submitted the information to the workers' 7 12 compensation commissioner; to an agent, representative, 7 13 attorney, investigator, consultant, or adjuster of an 7 14 employer, or insurance carrier or third-party administrator of 7 15 workers' compensation benefits, who is involved in 7 16 administering a claim for such benefits related to the injury 7 17 or death of the employee whose information is filed with the 7 18 workers' compensation commissioner; to all parties to a 7 19 contested case proceeding before the workers' compensation 7 20 commissioner in which the employee or a dependent of the 7 21 employee, whose information is filed with the workers' 7 22 compensation commissioner, is a party; in compliance with a 7 23 subpoena; or to an agent, representative, attorney, 7 24 investigator, consultant, or adjuster of the employee, 7 25 employer, or insurance carrier or third-party administrator of 7 26 insurance benefits, who is involved in administering a claim 7 27 for insurance benefits related to the injury or death of the 7 28 employee whose information is filed with the workers' 7 29 compensation commissioner. 7 30 The bill also provides that new Code section 86.45 does not 7 31 create a cause of action for a violation of its provisions 7 32 against the workers' compensation commissioner or against the 7 33 state or any governmental subdivision of the state. 7 34 The bill amends Code section 85.27 to provide that for 7 35 purposes of the section, "day of incapacity to work" means 8 1 eight hours of accumulated absence from work due to incapacity 8 2 to work or due to the receipt of services pursuant to this 8 3 section. 8 4 The bill amends Code section 85.38 to provide that if an 8 5 employer denies liability under Code chapter 85, 85A, or 85B, 8 6 for payment for weekly compensation requested by an employee 8 7 and the employee is a beneficiary under either an individual 8 8 or group plan for nonoccupational illness, injury, or 8 9 disability, the nonoccupational plan shall not deny payment of 8 10 benefits under the plan on the basis that the employer's 8 11 liability under Code chapter 85, 85A, or 85B is unresolved. 8 12 Code section 85.38 already requires payment by a 8 13 nonoccupational plan for any medical services requested by an 8 14 injured employee under these circumstances. 8 15 Code section 86.24 is amended to remove the requirement 8 16 that a party appealing a contested case proceeding must file 8 17 an affidavit with the commissioner that the transcript of the 8 18 proceedings has been ordered. 8 19 Code section 87.11 is amended to provide that the amount of 8 20 security deposited by a self-insured employer shall be 8 21 determined by the insurance commissioner and not the workers' 8 22 compensation commissioner and that the security is held in 8 23 trust for the sole purpose of paying compensation and benefits 8 24 and is not subject to attachment, levy, execution, 8 25 garnishment, liens, or any other form of encumbrance. The 8 26 bill also provides that proof of solvency shall be given to 8 27 the insurance commissioner, not the workers' compensation 8 28 commissioner. 8 29 Code section 87.11 is also amended to provide that if a 8 30 self-insured employer ceases doing business without becoming 8 31 insolvent, the insurance commissioner shall publish notice of 8 32 the time and manner for filing claims against the employer in 8 33 a newspaper in general circulation in the counties where the 8 34 employer is known to have maintained a place of business, once 8 35 a week for three consecutive weeks with the last publication 9 1 not less than 30 days before the time for filing claims 9 2 expires. The bill also provides that defects in the notice or 9 3 publication do not affect the period for filing claims against 9 4 the employer or give rise to claims against the insurance 9 5 commissioner. The bill provides that claims not otherwise 9 6 barred become barred if not filed within five years after the 9 7 date the employer ceased doing business, as determined by the 9 8 insurance commissioner, including claims for review reopening, 9 9 benefits under Code section 85.27, and latent injuries. 9 10 The bill repeals Code section 87.16 which requires an 9 11 employer who has failed to carry workers' compensation 9 12 insurance or to obtain relief from carrying such insurance to 9 13 furnish a bond approved by the workers' compensation 9 14 commissioner. Code section 87.14A is amended to remove the 9 15 reference to the bonding requirements contained in Code 9 16 section 87.16. The bill also repeals Code section 86.17, 9 17 which requires an employer to post a notice stating the nature 9 18 of the security furnished in lieu of insurance to secure 9 19 workers' compensation payments. 9 20 Code section 87.19 is amended to provide that an employer 9 21 that fails to comply with the provisions of chapters 85, 85A, 9 22 85B, 86, and 87, as set forth in Code section 87.14A, may be 9 23 subject to enforcement proceedings. Previously, Code section 9 24 87.19 only applied to an employer's failure to comply with the 9 25 bonding requirements of Code section 87.16, which is repealed 9 26 by the bill, and with the notice requirements of Code section 9 27 87.17, which is also repealed by the bill. 9 28 The bill amends Code section 87.20 to provide that the 9 29 insurance commissioner may revoke, for cause, an order 9 30 relieving an employer from carrying insurance as required by 9 31 Code chapter 87 without the concurrence of the workers' 9 32 compensation commissioner. 9 33 LSB 5406SC 80 9 34 av/pj/5.1
Text: SSB03079 Text: SSB03081 Text: SSB03000 - SSB03099 Text: SSB Index Bills and Amendments: General Index Bill History: General Index
© 2004 Cornell College and League of Women Voters of Iowa
Comments about this site or page?
webmaster@legis.iowa.gov.
Please remember that the person listed above does not vote on bills. Direct all comments concerning legislation to State Legislators.
Last update: Tue Feb 17 03:30:38 CST 2004
URL: /DOCS/GA/80GA/Legislation/SSB/03000/SSB03080/040216.html
jhf