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 1 48 1 49 1 50 -1-