Senate File 2364 H-8215 Amend Senate File 2364, as amended, passed, and reprinted by 1 the Senate, as follows: 2 1. By striking everything after the enacting clause and 3 inserting: 4 < Section 1. Section 85.27, subsection 4, Code 2020, is 5 amended to read as follows: 6 4. a. (1) For purposes of this section , the employer is 7 obliged to furnish reasonable services and supplies to treat an 8 injured employee, and has the right to choose the care unless 9 the employee has predesignated a physician as provided in 10 paragraph “b” . If the employer chooses the care, the employer 11 shall hold the employee harmless for the cost of care until the 12 employer notifies the employee that the employer is no longer 13 authorizing all or any part of the care and the reason for 14 the change in authorization. An employer is not liable for 15 the cost of care that the employer arranges in response to a 16 sudden emergency if the employee’s condition, for which care 17 was arranged, is not related to the employment. The treatment 18 must be offered promptly and be reasonably suited to treat the 19 injury without undue inconvenience to the employee. 20 (2) If the employee has reason to be dissatisfied with the 21 care offered, the employee should communicate the basis of 22 such dissatisfaction to the employer, in writing if requested, 23 following which the employer and the employee may agree to 24 alternate care reasonably suited to treat the injury. If the 25 employer and employee cannot agree on such alternate care, the 26 commissioner may, upon application and reasonable proofs proof 27 of the necessity therefor, allow and order other care. In an 28 emergency, the employee may choose the employee’s care at the 29 employer’s expense, provided the employer or the employer’s 30 agent cannot be reached immediately. 31 (3) An application made under this subsection paragraph 32 “a” shall be considered an original proceeding for purposes 33 of commencement and contested case proceedings under section 34 85.26 . The hearing shall be conducted pursuant to chapter 35 -1- SF2364.4094 (2) 88 ec/rn 1/ 5 #1.

17A . Before a hearing is scheduled, the parties may choose 1 a telephone hearing , an audio-video conference hearing, or 2 an in-person hearing. A request for an in-person hearing 3 shall be approved unless the in-person hearing would be 4 impractical because of the distance between the parties to the 5 hearing. The workers’ compensation commissioner shall issue a 6 decision within ten working days of receipt of an application 7 for alternate care made pursuant to a telephone hearing or 8 audio-video conference hearing or within fourteen working days 9 of receipt of an application for alternate care made pursuant 10 to an in-person hearing. The employer shall notify an injured 11 employee of the employee’s ability to contest the employer’s 12 choice of care pursuant to this subsection paragraph “a” . 13 b. (1) An injured employee has the right to choose care, 14 unless care needs to be provided at the job site in response to 15 a life-threatening emergency, if the employee has predesignated 16 a physician who is a primary care provider, who has previously 17 provided medical treatment to the employee and has retained 18 the employee’s medical records, to provide treatment for the 19 injury. Upon hire and periodically during employment, an 20 employer shall provide written notice to all employees who have 21 not yet predesignated a physician, of their rights under this 22 paragraph “b” to predesignate such a physician for treatment of 23 an injury, in a manner prescribed by the workers’ compensation 24 commissioner by rule. The employer or the employer’s insurer 25 shall not coerce or otherwise attempt to influence an injured 26 employee’s choice of a physician to provide care. An employee 27 shall, as soon as practicable, notify the employer of an 28 injury, and upon receiving such notice of an injury from an 29 employee, the employer shall again provide written notice to 30 that employee of the employee’s rights under this paragraph 31 “b” in a manner prescribed by the workers’ compensation 32 commissioner by rule. If an employer fails to notify employees 33 of their right to choose a physician as provided in this 34 paragraph “b” , the employee has the right to choose any 35 -2- SF2364.4094 (2) 88 ec/rn 2/ 5

physician to provide treatment for the injury and the treatment 1 shall be considered care authorized under this section. 2 (2) For the purposes of this paragraph “b” , “physician” 3 includes an individual physician, a group of physicians, or 4 a clinic. For the purposes of this paragraph “b” , “primary 5 care provider” means an employee’s personal physician who is 6 licensed to practice medicine and surgery, osteopathic medicine 7 and surgery, or osteopathy in this state or in another state 8 and provides primary care and who is a family or general 9 practitioner, a pediatrician, an internist, an obstetrician, 10 or a gynecologist. A physician who practices in another 11 state shall not be predesignated by an employee unless the 12 physician’s office is located within sixty miles of where 13 the employee is employed or was injured unless the workers’ 14 compensation commissioner allows otherwise. A physician chosen 15 by an injured employee to provide treatment is authorized to 16 arrange for any consultation, surgical consultation, referral, 17 emergency care, or other specialized medical services as the 18 physician deems necessary to treat the injury. The employer 19 shall pay for all such care, unless the workers’ compensation 20 commissioner determines otherwise. 21 (3) If the employer has reason to be dissatisfied with the 22 care chosen by the employee, the employer should communicate 23 the basis of such dissatisfaction to the employee, in writing 24 if requested, following which the employee and the employer may 25 agree to alternate care reasonably suited to treat the injury. 26 If the employee and employer cannot agree on such alternate 27 care, the commissioner may, upon application and reasonable 28 proof of the necessity therefor, allow and order other care. 29 (4) An application made under this paragraph “b” shall be 30 considered an original proceeding for purposes of commencement 31 and contested case proceedings under section 85.26. The 32 hearing shall be conducted pursuant to chapter 17A. Before 33 a hearing is scheduled, the parties may choose a telephone 34 hearing, an audio-video conference hearing, or an in-person 35 -3- SF2364.4094 (2) 88 ec/rn 3/ 5

hearing. A request for an in-person hearing shall be approved 1 unless the in-person hearing would be impractical because of 2 the distance between the parties to the hearing. The workers’ 3 compensation commissioner shall issue a decision within ten 4 working days of receipt of an application for alternate care 5 made pursuant to a telephone hearing or audio-video conference 6 hearing or within fourteen working days of receipt of an 7 application for alternate care made pursuant to an in-person 8 hearing. 9 Sec. 2. Section 85.39, Code 2020, is amended by adding the 10 following new subsection: 11 NEW SUBSECTION . 3. If the employee has chosen a physician 12 to provide care as provided in section 85.27, subsection 13 4, paragraph “b” , when it is medically indicated that no 14 significant improvement from an injury is anticipated, the 15 employee may obtain a medical opinion from the employee’s 16 physician, at the employer’s expense, regarding the extent of 17 the employee’s permanent disability. If the employee obtains 18 such an evaluation and the employer believes this evaluation 19 of permanent disability to be too high, the employer may 20 arrange for a medical examination of the injured employee by a 21 physician of the employer’s choice for the purpose of obtaining 22 a medical opinion regarding the extent of the employee’s 23 permanent disability. If an employee is required to leave 24 work for which the employee is being paid wages to attend 25 an examination under this subsection, the employee shall be 26 compensated at the employee’s regular rate for the time the 27 employee is required to leave work, and the employee shall be 28 furnished transportation to and from the place of examination, 29 or the employer may elect to pay the employee the reasonable 30 cost of transportation. The physician chosen by the employer 31 to conduct the examination has the right to confer with and 32 obtain from any physician who has treated the injured employee 33 sufficient history of the injury to make a proper examination. 34 The refusal by the employee to submit to the examination shall 35 -4- SF2364.4094 (2) 88 ec/rn 4/ 5

suspend the employee’s right to any compensation for the period 1 of the refusal. Compensation shall not be payable for the 2 period of suspension. 3 Sec. 3. APPLICABILITY. This Act applies to injuries 4 occurring on or after January 1, 2021. > 5 2. Title page, by striking lines 1 through 5 and inserting 6 < An Act relating to the choice of doctor to treat an injured 7 employee under workers’ compensation laws and including 8 applicability date provisions. > 9 ______________________________ HUNTER of Polk -5- SF2364.4094 (2) 88 ec/rn 5/ 5 #2.