SENATE FILE 211

BY  WARD

(COMPANION TO LSB 1878HH BY HELLAND)

A BILL FOR

An Act authorizing a retrieval fee for copies of certain medical records or reports in workers’ compensation cases.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF IOWA:

   Section 1.  Section 86.39, Code 2011, is amended to read as follows:
   86.39  Fees —— approval.
   1.  All fees or claims for legal, medical, hospital, and burial services rendered under this chapter and chapters 85, 85A, 85B, and 87 are subject to the approval of the workers’ compensation commissioner. For services rendered in the district court and appellate courts, the attorney fee is subject to the approval of a judge of the district court.
   2.  The workers’ compensation commissioner shall approve a claim for a retrieval fee of up to twenty-five dollars payable to a medical provider or its agent for each request made for duplicate records or reports for which a copying fee is allowable. However, total claims for retrieval fees approved shall not exceed fifty dollars.
EXPLANATION
   This bill requires the workers’ compensation commissioner to approve a claim for a retrieval fee of up to $25 payable to a medical provider or its agent for each request made for copies of duplicate records or reports for which the commissioner allows a copying fee, but not to exceed a total of $50 for such retrieval fees. Currently, pursuant to administrative rule IAC 876 —— 8.9, a medical provider or its agent is required to furnish an employer or insurance carrier with copies of the initial and final clinical assessment of an injured employee without cost but is allowed to charge a fee for additional copies. This rule also sets forth the maximum copying fees that can be charged for the additional copies based on the number of pages copied.