HOUSE FILE 2019

BY  SWAIM

A BILL FOR

An Act relating to the evaluation of permanent disability for purposes of workers’ compensation benefits.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF IOWA:

    Section 1.  Section 85.39, Code 2011, is amended to read as follows:
   85.39  Examination of injured employees.
   1.  After an injury, the employee, if requested by the employer, shall submit for examination at some reasonable time and place and as often as reasonably requested, to a physician, or physicians, or other health care provider authorized to practice
 
provide professional health care services under the laws of this state or another state, without cost to the employee; but if the employee requests, the employee, at the employee’s own cost, is entitled to have a physician, or physicians, or other health care provider of the employee’s own selection present to participate in the examination. If an employee is required to leave work for which the employee is being paid wages to attend the requested examination, the employee shall be compensated at the employee’s regular rate for the time the employee is required to leave work, and the employee shall be furnished transportation to and from the place of examination, or the employer may elect to pay the employee the reasonable cost of the transportation. The refusal of the employee to submit to the examination shall suspend the employee’s right to any compensation for the period of the refusal. Compensation shall not be payable for the period of suspension.
   2.  If an evaluation of permanent disability has been made by a physician
 
or other health care provider retained by the employer and the employee believes this evaluation to be too low, the employee shall, upon application to the commissioner and upon delivery of a copy of the application to the employer and its insurance carrier, be reimbursed by the employer the reasonable fee for a subsequent examination by a physician
 
or other health care provider of the employee’s own choice, and reasonably necessary transportation expenses incurred for the examination. The physician
 
or other health care provider chosen by the employee has the right to confer with and obtain from the employer-retained physician
 
or other health care provider sufficient history of the injury to make a proper examination.
   3.  For the purposes of this section, “health care provider” means a person who is licensed or certified under chapter 147, 148, 148A, 148C, 149, 151, 152, 152E, 153, 154, 154B, 154F, or 155A to provide professional health care services to an employee during that employee’s medical care, treatment, or confinement, and whose scope of practice pursuant to the person’s licensure qualifies that person to make an evaluation of permanent disability of the employee.
EXPLANATION
   This bill provides that after a work-related injury an employee, if requested by the employer, is required to submit for examination to a physician or other health care provider chosen by the employer who is authorized to provide professional health care services. If the physician or other health care provider makes an evaluation of permanent disability, and the employee believes the evaluation is too low, the employee must be reimbursed for a subsequent examination by a physician or health care provider of the employee’s own choice.
   Currently, the statute only refers to examinations provided by a physician. The bill provides that other licensed health care providers can perform examinations and make evaluations of permanent disability if the provider’s scope of practice pursuant to the provider’s licensure qualifies that person to make an evaluation of permanent disability.
   A “health care provider” as defined in the bill includes a physician and surgeon and an osteopathic physician and surgeon; physical therapist; physician assistant; podiatrist; chiropractor; nurse; dentist; optometrist; psychologist; speech pathologist or audiologist; and pharmacist.