House File 2019 - Introduced HOUSE FILE 2019 BY SWAIM A BILL FOR An Act relating to the evaluation of permanent disability for 1 purposes of workers’ compensation benefits. 2 BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF IOWA: 3 TLSB 5022HH (3) 84 av/nh

H.F. 2019 Section 1. Section 85.39, Code 2011, is amended to read as 1 follows: 2 85.39 Examination of injured employees. 3 1. After an injury, the employee, if requested by the 4 employer, shall submit for examination at some reasonable time 5 and place and as often as reasonably requested, to a physician , 6 or physicians , or other health care provider authorized to 7 practice provide professional health care services under the 8 laws of this state or another state, without cost to the 9 employee; but if the employee requests, the employee, at the 10 employee’s own cost, is entitled to have a physician , or 11 physicians , or other health care provider of the employee’s 12 own selection present to participate in the examination. If 13 an employee is required to leave work for which the employee 14 is being paid wages to attend the requested examination, the 15 employee shall be compensated at the employee’s regular rate 16 for the time the employee is required to leave work, and 17 the employee shall be furnished transportation to and from 18 the place of examination, or the employer may elect to pay 19 the employee the reasonable cost of the transportation. The 20 refusal of the employee to submit to the examination shall 21 suspend the employee’s right to any compensation for the period 22 of the refusal. Compensation shall not be payable for the 23 period of suspension. 24 2. If an evaluation of permanent disability has been made 25 by a physician or other health care provider retained by the 26 employer and the employee believes this evaluation to be too 27 low, the employee shall, upon application to the commissioner 28 and upon delivery of a copy of the application to the employer 29 and its insurance carrier, be reimbursed by the employer the 30 reasonable fee for a subsequent examination by a physician 31 or other health care provider of the employee’s own choice, 32 and reasonably necessary transportation expenses incurred for 33 the examination. The physician or other health care provider 34 chosen by the employee has the right to confer with and obtain 35 -1- LSB 5022HH (3) 84 av/nh 1/ 2

H.F. 2019 from the employer-retained physician or other health care 1 provider sufficient history of the injury to make a proper 2 examination. 3 3. For the purposes of this section, “health care provider” 4 means a person who is licensed or certified under chapter 5 147, 148, 148A, 148C, 149, 151, 152, 152E, 153, 154, 154B, 6 154F, or 155A to provide professional health care services to 7 an employee during that employee’s medical care, treatment, 8 or confinement, and whose scope of practice pursuant to the 9 person’s licensure qualifies that person to make an evaluation 10 of permanent disability of the employee. 11 EXPLANATION 12 This bill provides that after a work-related injury 13 an employee, if requested by the employer, is required to 14 submit for examination to a physician or other health care 15 provider chosen by the employer who is authorized to provide 16 professional health care services. If the physician or 17 other health care provider makes an evaluation of permanent 18 disability, and the employee believes the evaluation is 19 too low, the employee must be reimbursed for a subsequent 20 examination by a physician or health care provider of the 21 employee’s own choice. 22 Currently, the statute only refers to examinations provided 23 by a physician. The bill provides that other licensed health 24 care providers can perform examinations and make evaluations 25 of permanent disability if the provider’s scope of practice 26 pursuant to the provider’s licensure qualifies that person to 27 make an evaluation of permanent disability. 28 A “health care provider” as defined in the bill includes 29 a physician and surgeon and an osteopathic physician and 30 surgeon; physical therapist; physician assistant; podiatrist; 31 chiropractor; nurse; dentist; optometrist; psychologist; speech 32 pathologist or audiologist; and pharmacist. 33 -2- LSB 5022HH (3) 84 av/nh 2/ 2