House File 353

                                       HOUSE FILE       
                                       BY  T. TAYLOR and MURPHY


    Passed House,  Date               Passed Senate, Date             
    Vote:  Ayes        Nays           Vote:  Ayes        Nays         
                 Approved                            

                                      A BILL FOR

  1 An Act relating to employee choice of medical care in workers'
  2    compensation.
  3 BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF IOWA:
  4 TLSB 1028YH 80
  5 ec/pj/5

PAG LIN

  1  1    Section 1.  Section 85.27, subsection 4, Code 2003, is
  1  2 amended to read as follows:
  1  3    4.  For purposes of this section, the employer is obliged
  1  4 to furnish reasonable services and supplies to treat an
  1  5 injured employee, and has the right to choose the care the
  1  6 employee has the right to choose the employee's care at the
  1  7 employer's expense if the employer is notified of the choice.
  1  8 The treatment must be offered promptly and be reasonably
  1  9 suited to treat the injury without undue inconvenience to the
  1 10 employee.  If the employee employer has reason to be
  1 11 dissatisfied with the care offered, the employee employer
  1 12 should communicate the basis of such dissatisfaction to the
  1 13 employer employee, in writing if requested, following which
  1 14 the employer and the employee may agree to alternate care
  1 15 reasonably suited to treat the injury.  If the employer and
  1 16 employee cannot agree on such alternate care, the commissioner
  1 17 may, upon application and reasonable proofs of the necessity
  1 18 therefore, allow and order other care.  In an emergency, the
  1 19 employee may choose the employee's care at the employer's
  1 20 expense, provided the employer or the employer's agent cannot
  1 21 be reached immediately.  An application made under this
  1 22 subsection shall be considered an original proceeding for
  1 23 purposes of commencement and contested case proceedings under
  1 24 section 85.26.  The hearing shall be conducted pursuant to
  1 25 chapter 17A.  Before a hearing is scheduled, the parties may
  1 26 choose a telephone hearing or an in=person hearing.  A request
  1 27 for an in=person hearing shall be approved unless the in=
  1 28 person hearing would be impractical because of the distance
  1 29 between the parties to the hearing.  The workers' compensation
  1 30 commissioner shall issue a decision within ten working days of
  1 31 receipt of an application for alternate care made pursuant to
  1 32 a telephone hearing or within fourteen working days of receipt
  1 33 of an application for alternate care made pursuant to an in=
  1 34 person hearing.  The employer shall notify an injured employee
  1 35 of the employee's ability to contest the employer's choice of
  2  1 care pursuant to this subsection.  This subsection does not
  2  2 prohibit an employer from retaining a physician or other
  2  3 health service provider for use by employees.
  2  4                           EXPLANATION
  2  5    This bill provides that an employee, based on an injury
  2  6 compensable under the workers' compensation law, has the right
  2  7 to choose the care to treat the injury at the employer's
  2  8 expense if the employer is notified of the choice.  The
  2  9 employer has the right to challenge this choice and to request
  2 10 a decision by the workers' compensation commissioner.
  2 11 Currently, the employer has the right to choose the care of an
  2 12 injured employee, subject to the employee's right to choose
  2 13 the care in an emergency situation and subject to the ability
  2 14 of the employee to challenge the choice before the workers'
  2 15 compensation commissioner.  The bill also does not prohibit an
  2 16 employer from making medical care available to employees.
  2 17 LSB 1028YH 80
  2 18 ec/pj/5