Senate File 584 



                                   SENATE FILE       
                                   BY  GRONSTAL


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

                                      A BILL FOR

  1 An Act relating to the provision of medical services and
  2    evaluation of permanent disabilities of injured employees
  3    under workers' compensation laws, and providing an
  4    applicability date.
  5 BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF IOWA:
  6 TLSB 2895XS 82
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PAG LIN



  1  1    Section 1.  Section 85.27, subsection 4, Code 2007, 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 the employee has the right to choose the
  1  6 care.  If the employer chooses the care, the The employer
  1  7 shall hold the employee harmless for the cost of the care
  1  8 until the employer notifies the employee that the employer is
  1  9 no longer authorizing all or any part of the care and the
  1 10 reason for the change in authorization.  An employer is not
  1 11 liable for the cost of care that the employer arranges in
  1 12 response to a sudden emergency if the employee's condition,
  1 13 for which care was arranged, is not related to the employment
  1 14 chosen.  The treatment must shall be offered promptly provided
  1 15 in a timely manner and be reasonably suited to treat the
  1 16 injury without undue inconvenience to the employee.  If the
  1 17 employer or employee has reason to be dissatisfied with the
  1 18 care offered or provided, the employer or employee should
  1 19 shall communicate the basis of such dissatisfaction to the
  1 20 employee or employer, in writing if requested, following which
  1 21 the employer and the employee may agree to alternate care
  1 22 reasonably suited to treat the injury.  If the employer and
  1 23 employee cannot agree on such alternate care, the commissioner
  1 24 may, upon application and reasonable proofs of the necessity
  1 25 therefor, allow and order other care.  In an emergency, the
  1 26 employee may choose the employee's care at the employer's
  1 27 expense, provided the employer or the employer's agent cannot
  1 28 be reached immediately.  An application made under this
  1 29 subsection shall be considered an original proceeding for
  1 30 purposes of commencement and contested case proceedings under
  1 31 section 85.26.  The hearing shall be conducted pursuant to
  1 32 chapter 17A.  Before a hearing is scheduled, the parties may
  1 33 choose a telephone hearing or an in=person hearing.  A request
  1 34 for an in=person hearing shall be approved unless the
  1 35 in=person hearing would be impractical because of the distance
  2  1 between the parties to the hearing.  The workers' compensation
  2  2 commissioner shall issue a decision within ten working days of
  2  3 receipt of an application for alternate care made pursuant to
  2  4 a telephone hearing or within fourteen working days of receipt
  2  5 of an application for alternate care made pursuant to an
  2  6 in=person hearing.  The After receiving notice of an injury,
  2  7 the employer shall promptly notify an injured employee of the
  2  8 employee's ability to contest the employer's choice of right
  2  9 to choose care pursuant to this subsection and the employer
  2 10 and the employer's insurer shall not make suggestions or
  2 11 otherwise attempt to influence the injured employee's choice
  2 12 of a treating physician.
  2 13    When it is medically indicated that no significant
  2 14 improvement from an injury is anticipated, the employer shall
  2 15 obtain a medical opinion regarding the extent of the
  2 16 employee's permanent disability and may arrange for a medical
  2 17 examination of the injured employee in order to do so.  The
  2 18 employee shall be paid wages, at the employee's regular rate,
  2 19 plus whatever reasonable transportation expenses are incurred
  2 20 while attending the examination.  The physician chosen by the
  2 21 employer to conduct the examination has the right to confer
  2 22 with and obtain from any physician retained by the injured
  2 23 employee sufficient history of the injury to make a proper
  2 24 examination.  The refusal of the employee to submit to the
  2 25 examination shall suspend the employee's right to any
  2 26 compensation during the period of the refusal.  Compensation
  2 27 shall not be payable for the period of the suspension.
  2 28    Sec. 2.  Section 85.39, unnumbered paragraph 1, Code 2007,
  2 29 is amended to read as follows:
  2 30    After an injury, the employee, if requested by the
  2 31 employer, shall submit for examination at some reasonable time
  2 32 and place and as often as reasonably requested, to a physician
  2 33 or physicians authorized to practice under the laws of this
  2 34 state or another state, without cost to the employee; but if
  2 35 the employee requests, the employee, at the employee's own
  3  1 cost, is entitled to have a physician or physicians of the
  3  2 employee's own selection present to participate in the
  3  3 examination.  After the employer obtains a medical opinion
  3  4 regarding the extent of an injured employee's permanent
  3  5 disability pursuant to section 85.27, subsection 4, and if the
  3  6 injured employee believes that the evaluation of the permanent
  3  7 disability contained in the opinion is too low, the employee
  3  8 has the right to obtain another medical opinion from a
  3  9 physician of the employee's choice, at the employer's expense.
  3 10 If an employee is required to leave work for which the
  3 11 employee is being paid wages to attend the requested an
  3 12 examination to obtain another medical opinion, the employee
  3 13 shall be compensated at the employee's regular rate for the
  3 14 time the employee is required to leave work, and the employee
  3 15 shall be furnished transportation to and from the place of
  3 16 examination, or the employer may elect to pay the employee the
  3 17 reasonable cost of the transportation.  The refusal of the
  3 18 employee to submit to the examination shall suspend the
  3 19 employee's right to any compensation for the period of the
  3 20 refusal.  Compensation shall not be payable for the period of
  3 21 suspension.
  3 22    Sec. 3.  Section 85.39, unnumbered paragraph 2, Code 2007,
  3 23 is amended by striking the unnumbered paragraph.
  3 24    Sec. 4.  APPLICABILITY DATE.  This Act applies to injuries
  3 25 occurring on or after January 1, 2008.
  3 26                           EXPLANATION
  3 27    This bill relates to the provision of medical services and
  3 28 evaluation of permanent disabilities of injured employees
  3 29 under the workers' compensation law.
  3 30    Code section 85.27, subsection 4, is amended to give an
  3 31 injured employee, instead of the employer, the right to choose
  3 32 the provider of medical services, at the employer's expense.
  3 33 If either the employee or the employer is dissatisfied with
  3 34 the care offered or provided, written notice must be given to
  3 35 the other party, and upon application and hearing the workers'
  4  1 compensation commissioner may allow and order other care.  A
  4  2 decision for alternate care must be issued by the commissioner
  4  3 within 10 working days after receipt of the application for
  4  4 alternate care.
  4  5    Upon receiving notice of an injury, an employer is also
  4  6 required to promptly notify an injured employee of the
  4  7 employee's right to choose medical care and the employer and
  4  8 the employer's insurer are prohibited from making suggestions
  4  9 or otherwise attempting to influence the injured employee's
  4 10 choice of a treating physician.
  4 11    When it is medically indicated that no significant
  4 12 improvement from an injury is anticipated, the employer is
  4 13 required to obtain a medical opinion regarding the extent of
  4 14 the employee's permanent disability and may arrange for a
  4 15 medical examination of the injured employee in order to do so.
  4 16 The employee must be paid regular wages and reasonable
  4 17 transportation expenses incurred while attending the
  4 18 examination.  The physician chosen by the employer is entitled
  4 19 to confer with and obtain from any physician retained by the
  4 20 injured employee sufficient history to conduct a proper
  4 21 examination.  The refusal of an employee to submit to the
  4 22 examination suspends the employee's right to any compensation
  4 23 during the period of the refusal.  Compensation is not payable
  4 24 for the period of the refusal.
  4 25    Code section 85.39 is amended to provide that after the
  4 26 employer obtains a medical opinion regarding the extent of an
  4 27 injured employee's permanent disability pursuant to Code
  4 28 section 85.27, subsection 4, and if the employee believes the
  4 29 extent of permanent disability identified in the opinion is
  4 30 too low, the employee has the right to obtain another medical
  4 31 opinion from a physician of the employee's choice, at the
  4 32 employer's expense.
  4 33    The bill is applicable to injuries occurring on or after
  4 34 January 1, 2008.
  4 35 LSB 2895XS 82
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