House
File
21
-
Introduced
HOUSE
FILE
21
BY
HUNTER
A
BILL
FOR
An
Act
relating
to
the
choice
of
doctor
to
treat
an
injured
1
employee
under
workers’
compensation
laws
and
including
2
applicability
date
provisions.
3
BE
IT
ENACTED
BY
THE
GENERAL
ASSEMBLY
OF
THE
STATE
OF
IOWA:
4
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Section
1.
Section
85.27,
subsection
4,
Code
2015,
is
1
amended
to
read
as
follows:
2
4.
a.
(1)
For
purposes
of
this
section
,
the
employer
is
3
obliged
to
furnish
reasonable
services
and
supplies
to
treat
an
4
injured
employee,
and
has
the
right
to
choose
the
care
unless
5
the
employee
has
predesignated
a
physician
as
provided
in
6
paragraph
“b”
.
If
the
employer
chooses
the
care,
the
employer
7
shall
hold
the
employee
harmless
for
the
cost
of
care
until
the
8
employer
notifies
the
employee
that
the
employer
is
no
longer
9
authorizing
all
or
any
part
of
the
care
and
the
reason
for
10
the
change
in
authorization.
An
employer
is
not
liable
for
11
the
cost
of
care
that
the
employer
arranges
in
response
to
a
12
sudden
emergency
if
the
employee’s
condition,
for
which
care
13
was
arranged,
is
not
related
to
the
employment.
The
treatment
14
must
be
offered
promptly
and
be
reasonably
suited
to
treat
the
15
injury
without
undue
inconvenience
to
the
employee.
16
(2)
If
the
employee
has
reason
to
be
dissatisfied
with
the
17
care
offered,
the
employee
should
communicate
the
basis
of
18
such
dissatisfaction
to
the
employer,
in
writing
if
requested,
19
following
which
the
employer
and
the
employee
may
agree
to
20
alternate
care
reasonably
suited
to
treat
the
injury.
If
the
21
employer
and
employee
cannot
agree
on
such
alternate
care,
the
22
commissioner
may,
upon
application
and
reasonable
proofs
proof
23
of
the
necessity
therefor,
allow
and
order
other
care.
In
an
24
emergency,
the
employee
may
choose
the
employee’s
care
at
the
25
employer’s
expense,
provided
the
employer
or
the
employer’s
26
agent
cannot
be
reached
immediately.
27
(3)
An
application
made
under
this
subsection
paragraph
28
“a”
shall
be
considered
an
original
proceeding
for
purposes
29
of
commencement
and
contested
case
proceedings
under
section
30
85.26
.
The
hearing
shall
be
conducted
pursuant
to
chapter
31
17A
.
Before
a
hearing
is
scheduled,
the
parties
may
choose
32
a
telephone
hearing
,
an
audio-video
conference
hearing,
or
33
an
in-person
hearing.
A
request
for
an
in-person
hearing
34
shall
be
approved
unless
the
in-person
hearing
would
be
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impractical
because
of
the
distance
between
the
parties
to
the
1
hearing.
The
workers’
compensation
commissioner
shall
issue
a
2
decision
within
ten
working
days
of
receipt
of
an
application
3
for
alternate
care
made
pursuant
to
a
telephone
hearing
or
4
audio-video
conference
hearing
or
within
fourteen
working
days
5
of
receipt
of
an
application
for
alternate
care
made
pursuant
6
to
an
in-person
hearing.
The
employer
shall
notify
an
injured
7
employee
of
the
employee’s
ability
to
contest
the
employer’s
8
choice
of
care
pursuant
to
this
subsection
paragraph
“a”
.
9
b.
(1)
An
injured
employee
has
the
right
to
choose
care,
10
unless
care
needs
to
be
provided
at
the
job
site
in
response
to
11
a
life-threatening
emergency,
if
the
employee
has
predesignated
12
a
physician
who
is
a
primary
care
provider,
who
has
previously
13
provided
medical
treatment
to
the
employee
and
has
retained
14
the
employee’s
medical
records,
to
provide
treatment
for
the
15
injury.
Upon
hire
and
periodically
during
employment,
an
16
employer
shall
provide
written
notice
to
all
employees
who
have
17
not
yet
predesignated
a
physician,
of
their
rights
under
this
18
paragraph
“b”
to
predesignate
such
a
physician
for
treatment
of
19
an
injury,
in
a
manner
prescribed
by
the
workers’
compensation
20
commissioner
by
rule.
The
employer
or
the
employer’s
insurer
21
shall
not
coerce
or
otherwise
attempt
to
influence
an
injured
22
employee’s
choice
of
a
physician
to
provide
care.
An
employee
23
shall,
as
soon
as
practicable,
notify
the
employer
of
an
24
injury,
and
upon
receiving
such
notice
of
an
injury
from
an
25
employee,
the
employer
shall
again
provide
written
notice
to
26
that
employee
of
the
employee’s
rights
under
this
paragraph
27
“b”
in
a
manner
prescribed
by
the
workers’
compensation
28
commissioner
by
rule.
If
an
employer
fails
to
notify
employees
29
of
their
right
to
choose
a
physician
as
provided
in
this
30
paragraph
“b”
,
the
employee
has
the
right
to
choose
any
31
physician
to
provide
treatment
for
the
injury
and
the
treatment
32
shall
be
considered
care
authorized
under
this
section.
33
(2)
For
the
purposes
of
this
paragraph
“b”
,
“physician”
34
includes
an
individual
physician,
a
group
of
physicians,
or
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a
clinic.
For
the
purposes
of
this
paragraph
“b”
,
“primary
1
care
provider”
means
an
employee’s
personal
physician
who
is
2
licensed
to
practice
medicine
and
surgery,
osteopathic
medicine
3
and
surgery,
or
osteopathy
in
this
state
or
in
another
state
4
and
provides
primary
care
and
who
is
a
family
or
general
5
practitioner,
a
pediatrician,
an
internist,
an
obstetrician,
6
or
a
gynecologist.
A
physician
who
practices
in
another
7
state
shall
not
be
predesignated
by
an
employee
unless
the
8
physician’s
office
is
located
within
sixty
miles
of
where
9
the
employee
is
employed
or
was
injured
unless
the
workers’
10
compensation
commissioner
allows
otherwise.
A
physician
chosen
11
by
an
injured
employee
to
provide
treatment
is
authorized
to
12
arrange
for
any
consultation,
surgical
consultation,
referral,
13
emergency
care,
or
other
specialized
medical
services
as
the
14
physician
deems
necessary
to
treat
the
injury.
The
employer
15
shall
pay
for
all
such
care,
unless
the
workers’
compensation
16
commissioner
determines
otherwise.
17
(3)
If
the
employer
has
reason
to
be
dissatisfied
with
the
18
care
chosen
by
the
employee,
the
employer
should
communicate
19
the
basis
of
such
dissatisfaction
to
the
employee,
in
writing
20
if
requested,
following
which
the
employee
and
the
employer
may
21
agree
to
alternate
care
reasonably
suited
to
treat
the
injury.
22
If
the
employee
and
employer
cannot
agree
on
such
alternate
23
care,
the
commissioner
may,
upon
application
and
reasonable
24
proof
of
the
necessity
therefor,
allow
and
order
other
care.
25
(4)
An
application
made
under
this
paragraph
“b”
shall
be
26
considered
an
original
proceeding
for
purposes
of
commencement
27
and
contested
case
proceedings
under
section
85.26.
The
28
hearing
shall
be
conducted
pursuant
to
chapter
17A.
Before
29
a
hearing
is
scheduled,
the
parties
may
choose
a
telephone
30
hearing,
an
audio-video
conference
hearing,
or
an
in-person
31
hearing.
A
request
for
an
in-person
hearing
shall
be
approved
32
unless
the
in-person
hearing
would
be
impractical
because
of
33
the
distance
between
the
parties
to
the
hearing.
The
workers’
34
compensation
commissioner
shall
issue
a
decision
within
ten
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working
days
of
receipt
of
an
application
for
alternate
care
1
made
pursuant
to
a
telephone
hearing
or
audio-video
conference
2
hearing
or
within
fourteen
working
days
of
receipt
of
an
3
application
for
alternate
care
made
pursuant
to
an
in-person
4
hearing.
5
Sec.
2.
Section
85.39,
Code
2015,
is
amended
to
read
as
6
follows:
7
85.39
Examination
of
injured
employees.
8
1.
a.
After
an
injury,
the
employee,
if
requested
by
the
9
employer,
shall
submit
for
examination
at
some
reasonable
10
time
and
place
and
as
often
as
reasonably
requested,
to
a
11
physician
or
physicians
authorized
to
practice
under
the
laws
12
of
this
state
or
another
state,
without
cost
to
the
employee;
13
but
if
the
employee
requests,
the
employee,
at
the
employee’s
14
own
cost,
is
entitled
to
have
a
physician
or
physicians
15
of
the
employee’s
own
selection
present
to
participate
in
16
the
examination.
If
an
employee
is
required
to
leave
work
17
for
which
the
employee
is
being
paid
wages
to
attend
the
18
requested
examination,
the
employee
shall
be
compensated
at
19
the
employee’s
regular
rate
for
the
time
the
employee
is
20
required
to
leave
work,
and
the
employee
shall
be
furnished
21
transportation
to
and
from
the
place
of
examination,
or
the
22
employer
may
elect
to
pay
the
employee
the
reasonable
cost
of
23
the
transportation.
The
refusal
of
the
employee
to
submit
24
to
the
examination
shall
suspend
the
employee’s
right
to
any
25
compensation
for
the
period
of
the
refusal.
Compensation
shall
26
not
be
payable
for
the
period
of
suspension.
27
b.
If
an
evaluation
of
permanent
disability
has
been
made
by
28
a
physician
retained
by
the
employer
and
the
employee
believes
29
this
evaluation
to
be
too
low,
the
employee
shall,
upon
30
application
to
the
commissioner
and
upon
delivery
of
a
copy
of
31
the
application
to
the
employer
and
its
insurance
carrier,
be
32
reimbursed
by
the
employer
the
reasonable
fee
for
a
subsequent
33
examination
by
a
physician
of
the
employee’s
own
choice,
and
34
reasonably
necessary
transportation
expenses
incurred
for
the
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examination.
The
physician
chosen
by
the
employee
has
the
1
right
to
confer
with
and
obtain
from
the
employer-retained
2
physician
sufficient
history
of
the
injury
to
make
a
proper
3
examination.
4
2.
If
the
employee
has
chosen
a
physician
to
provide
care
5
as
provided
in
section
85.27,
subsection
4,
paragraph
“b”
,
when
6
it
is
medically
indicated
that
no
significant
improvement
from
7
an
injury
is
anticipated,
the
employee
may
obtain
a
medical
8
opinion
from
the
employee’s
physician,
at
the
employer’s
9
expense,
regarding
the
extent
of
the
employee’s
permanent
10
disability.
If
the
employee
obtains
such
an
evaluation
and
the
11
employer
believes
this
evaluation
of
permanent
disability
to
be
12
too
high,
the
employer
may
arrange
for
a
medical
examination
of
13
the
injured
employee
by
a
physician
of
the
employer’s
choice
14
for
the
purpose
of
obtaining
a
medical
opinion
regarding
the
15
extent
of
the
employee’s
permanent
disability.
If
an
employee
16
is
required
to
leave
work
for
which
the
employee
is
being
paid
17
wages
to
attend
an
examination
under
this
subsection,
the
18
employee
shall
be
compensated
at
the
employee’s
regular
rate
19
for
the
time
the
employee
is
required
to
leave
work,
and
the
20
employee
shall
be
furnished
transportation
to
and
from
the
21
place
of
examination,
or
the
employer
may
elect
to
pay
the
22
employee
the
reasonable
cost
of
transportation.
The
physician
23
chosen
by
the
employer
to
conduct
the
examination
has
the
right
24
to
confer
with
and
obtain
from
any
physician
who
has
treated
25
the
injured
employee
sufficient
history
of
the
injury
to
make
26
a
proper
examination.
The
refusal
by
the
employee
to
submit
27
to
the
examination
shall
suspend
the
employee’s
right
to
any
28
compensation
for
the
period
of
the
refusal.
Compensation
shall
29
not
be
payable
for
the
period
of
suspension.
30
Sec.
3.
APPLICABILITY.
This
Act
applies
to
injuries
31
occurring
on
or
after
January
1,
2016.
32
EXPLANATION
33
The
inclusion
of
this
explanation
does
not
constitute
agreement
with
34
the
explanation’s
substance
by
the
members
of
the
general
assembly.
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This
bill
relates
to
the
choice
of
a
physician
to
treat
an
1
injured
employee
under
the
state’s
workers’
compensation
laws.
2
The
bill
allows
the
employer
to
choose
care
unless
the
employee
3
has
predesignated
a
physician
as
provided
in
the
bill.
4
The
bill
gives
an
employee
the
right
to
predesignate
a
5
physician
who
is
a
primary
care
provider,
who
has
previously
6
provided
treatment
to
the
employee
and
has
retained
the
7
employee’s
medical
records,
to
provide
treatment
for
a
8
work-related
injury.
The
employer
is
required
to
provide
9
written
notice
to
employees
of
this
right
upon
hire,
and
10
periodically
during
employment,
and
upon
receiving
notice
of
11
an
injury
from
an
employee
who
has
not
yet
predesignated
a
12
physician
of
their
right
to
do
so,
in
a
manner
prescribed
by
13
the
workers’
compensation
commissioner.
An
employer
or
an
14
employer’s
insurer
shall
not
coerce
or
otherwise
attempt
to
15
influence
an
injured
employee’s
choice
of
a
physician.
16
If
the
employer
fails
to
provide
such
notification,
an
17
injured
employee
has
the
right
to
choose
any
physician
to
18
provide
treatment
for
the
work-related
injury
and
that
19
treatment
shall
be
considered
authorized
care.
20
If
the
employer
or
employee
is
dissatisfied
with
the
care
21
chosen
by
the
other
party,
the
dissatisfied
party
is
required
22
to
communicate
the
basis
of
dissatisfaction
to
the
other
23
party
in
writing
and
the
parties
may
agree
to
alternate
care
24
reasonably
suited
to
treat
the
injury.
If
the
parties
cannot
25
agree
to
such
alternate
care,
the
dissatisfied
party
may
make
26
an
application
for
alternate
care
to
the
commissioner.
27
An
application
for
alternate
care
is
an
original
proceeding
28
and
is
treated
as
a
contested
case.
A
party
may
request
that
29
the
hearing
be
held
in
person,
by
telephone,
or
by
audio-video
30
conference.
The
commissioner
is
required
to
issue
a
decision
31
within
10
working
days
of
receipt
of
an
application
made
32
pursuant
to
a
telephone
hearing
or
audio-video
conference
33
hearing
and
within
14
days
of
an
in-person
hearing.
34
Code
section
85.39
is
amended
to
provide
that
if
the
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employee
has
chosen
care,
when
it
is
medically
indicated
that
1
no
significant
improvement
from
an
injury
is
anticipated,
the
2
employee
may
obtain
a
medical
opinion
regarding
the
extent
3
of
the
employee’s
permanent
disability
from
the
employee’s
4
physician.
If
the
employer
believes
that
the
evaluation
of
5
permanent
disability
obtained
by
the
employee
is
too
high,
the
6
employer
has
the
right
to
obtain
another
medical
opinion
from
a
7
physician
of
the
employer’s
choosing.
8
The
bill
applies
to
injuries
occurring
on
or
after
January
9
1,
2016.
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