House Amendment 8172


PAG LIN




     1  1    Amend House File 2305 as follows:
     1  2 #1.  Page 1, by inserting before line 1 the
     1  3 following:
     1  4    <Sec.    .  Section 85.27, subsection 3, Code 2003,
     1  5 is amended to read as follows:
     1  6    3.  Notwithstanding section 85.26, subsection 4,
     1  7 charges believed to be excessive or unnecessary may be
     1  8 referred by the employer, insurance carrier, or health
     1  9 service provider to the workers' compensation
     1 10 commissioner for determination, and the commissioner
     1 11 may utilize the procedures provided in sections 86.38
     1 12 and 86.39, or set by rule, and conduct such inquiry as
     1 13 the commissioner deems necessary.  Any health service
     1 14 provider charges not in dispute shall be paid directly
     1 15 to the health service provider prior to utilization of
     1 16 procedures provided in sections 86.38 and 86.39 or set
     1 17 by rule.  A health service provider rendering
     1 18 treatment to an employee whose injury is compensable
     1 19 under this section agrees to be bound by such charges
     1 20 as allowed by the workers' compensation commissioner
     1 21 and shall not recover in law or equity any amount in
     1 22 excess of charges set by the commissioner.  When a
     1 23 dispute under chapter 85, 85A, or 85B regarding
     1 24 reasonableness of a fee for medical services arises
     1 25 between a health service provider and an employer or
     1 26 insurance carrier, the health service provider,
     1 27 employer, or insurance carrier shall not seek payment
     1 28 from the injured employee.  The workers' compensation
     1 29 commissioner, in consultation with the insurance
     1 30 commissioner, shall adopt a fee schedule for medical
     1 31 services provided as described in this section.  The
     1 32 fee schedule shall be set to ensure that workers'
     1 33 compensation premiums charged to employers in this
     1 34 state shall be kept at a minimum and to avoid
     1 35 substantial increases due to increases in the cost of
     1 36 medical services.  In addition, the fee schedule shall
     1 37 be set, if applicable, at an amount that does not
     1 38 exceed the rates set for similar services for purposes
     1 39 of Medicaid as approved by the department of human
     1 40 services.>
     1 41 #2.  By renumbering as necessary.
     1 42
     1 43
     1 44                               
     1 45 HUSER of Polk
     1 46 HF 2305.301 80
     1 47 rj/cf
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