Bill Text: IA HF2293 | 2013-2014 | 85th General Assembly | Introduced
Bill Title: A bill for an act relating to the choice of doctor to treat injuries.
Spectrum: Partisan Bill (Democrat 1-0)
Status: (Introduced - Dead) 2014-02-18 - Subcommittee, Jorgensen, Forristall, and Hunter. H.J. 274. [HF2293 Detail]
Download: Iowa-2013-HF2293-Introduced.html
House
File
2293
-
Introduced
HOUSE
FILE
2293
BY
KAJTAZOVIC
A
BILL
FOR
An
Act
relating
to
the
choice
of
doctor
to
treat
injuries.
1
BE
IT
ENACTED
BY
THE
GENERAL
ASSEMBLY
OF
THE
STATE
OF
IOWA:
2
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Section
1.
Section
85.27,
subsection
4,
Code
2014,
is
1
amended
to
read
as
follows:
2
4.
For
purposes
of
this
section
,
the
employer
is
obliged
to
3
furnish
reasonable
services
and
supplies
to
treat
an
injured
4
employee,
and
the
employee
has
the
right
to
choose
the
care.
5
If
the
employer
chooses
the
care,
the
The
employer
shall
hold
6
the
employee
harmless
for
the
cost
of
the
care
until
the
7
employer
notifies
the
employee
that
the
employer
is
no
longer
8
authorizing
all
or
any
part
of
the
care
and
the
reason
for
9
the
change
in
authorization.
An
employer
is
not
liable
for
10
the
cost
of
care
that
the
employer
arranges
in
response
to
a
11
sudden
emergency
if
the
employee’s
condition,
for
which
care
12
was
arranged,
is
not
related
to
the
employment
chosen
.
The
13
treatment
must
shall
be
offered
promptly
provided
in
a
timely
14
manner
and
be
reasonably
suited
to
treat
the
injury
without
15
undue
inconvenience
to
the
employee.
If
the
employer
or
16
employee
has
reason
to
be
dissatisfied
with
the
care
offered
17
or
provided
,
the
employer
or
employee
should
shall
communicate
18
the
basis
of
such
dissatisfaction
to
the
employee
or
employer,
19
in
writing
if
requested
,
following
which
the
employer
and
the
20
employee
may
agree
to
alternate
care
reasonably
suited
to
21
treat
the
injury.
If
the
employer
and
employee
cannot
agree
22
on
such
alternate
care,
the
commissioner
may,
upon
application
23
and
reasonable
proofs
of
the
necessity
therefor,
allow
and
24
order
other
care.
In
an
emergency,
the
employee
may
choose
25
the
employee’s
care
at
the
employer’s
expense,
provided
the
26
employer
or
the
employer’s
agent
cannot
be
reached
immediately.
27
An
application
made
under
this
subsection
shall
be
considered
28
an
original
proceeding
for
purposes
of
commencement
and
29
contested
case
proceedings
under
section
85.26
.
The
hearing
30
shall
be
conducted
pursuant
to
chapter
17A
.
Before
a
hearing
31
is
scheduled,
the
parties
may
choose
a
telephone
hearing
or
32
an
in-person
hearing.
A
request
for
an
in-person
hearing
33
shall
be
approved
unless
the
in-person
hearing
would
be
34
impractical
because
of
the
distance
between
the
parties
to
the
35
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hearing.
The
workers’
compensation
commissioner
shall
issue
a
1
decision
within
ten
working
days
of
receipt
of
an
application
2
for
alternate
care
made
pursuant
to
a
telephone
hearing
or
3
within
fourteen
working
days
of
receipt
of
an
application
4
for
alternate
care
made
pursuant
to
an
in-person
hearing
.
5
The
After
receiving
notice
of
an
injury,
the
employer
shall
6
promptly
notify
an
injured
employee
of
the
employee’s
ability
7
to
contest
the
employer’s
choice
of
right
to
choose
care
8
pursuant
to
this
subsection
and
the
employer
and
the
employer’s
9
insurer
shall
not
make
suggestions
or
otherwise
attempt
10
to
influence
the
injured
employee’s
choice
of
a
treating
11
physician
.
12
When
it
is
medically
indicated
that
no
significant
13
improvement
from
an
injury
is
anticipated,
the
employer
shall
14
obtain
a
medical
opinion
regarding
the
extent
of
the
employee’s
15
permanent
disability
and
may
arrange
for
a
medical
examination
16
of
the
injured
employee
in
order
to
do
so.
The
employee
shall
17
be
paid
wages,
at
the
employee’s
regular
rate,
plus
whatever
18
reasonable
transportation
expenses
are
incurred
while
attending
19
the
examination.
The
physician
chosen
by
the
employer
to
20
conduct
the
examination
has
the
right
to
confer
with
and
obtain
21
from
any
physician
retained
by
the
injured
employee
sufficient
22
history
of
the
injury
to
make
a
proper
examination.
The
23
refusal
of
the
employee
to
submit
to
the
examination
shall
24
suspend
the
employee’s
right
to
any
compensation
during
the
25
period
of
the
refusal.
Compensation
shall
not
be
payable
for
26
the
period
of
the
suspension.
27
Sec.
2.
Section
85.39,
unnumbered
paragraph
1,
Code
2014,
28
is
amended
to
read
as
follows:
29
After
an
injury,
the
employee,
if
requested
by
the
employer,
30
shall
submit
for
examination
at
some
reasonable
time
and
31
place
and
as
often
as
reasonably
requested,
to
a
physician
or
32
physicians
authorized
to
practice
under
the
laws
of
this
state
33
or
another
state,
without
cost
to
the
employee;
but
if
the
34
employee
requests,
the
employee,
at
the
employee’s
own
cost,
is
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entitled
to
have
a
physician
or
physicians
of
the
employee’s
1
own
selection
present
to
participate
in
the
examination.
After
2
the
employer
obtains
a
medical
opinion
regarding
the
extent
of
3
an
injured
employee’s
permanent
disability
pursuant
to
section
4
85.27,
subsection
4,
and
if
the
injured
employee
believes
5
that
the
evaluation
of
the
permanent
disability
contained
in
6
the
opinion
is
too
low,
the
employee
has
the
right
to
obtain
7
another
medical
opinion
from
a
physician
of
the
employee’s
8
choice,
at
the
employer’s
expense.
If
an
employee
is
required
9
to
leave
work
for
which
the
employee
is
being
paid
wages
to
10
attend
the
requested
an
examination
to
obtain
another
medical
11
opinion
,
the
employee
shall
be
compensated
at
the
employee’s
12
regular
rate
for
the
time
the
employee
is
required
to
leave
13
work,
and
the
employee
shall
be
furnished
transportation
to
14
and
from
the
place
of
examination,
or
the
employer
may
elect
15
to
pay
the
employee
the
reasonable
cost
of
the
transportation.
16
The
refusal
of
the
employee
to
submit
to
the
examination
shall
17
suspend
the
employee’s
right
to
any
compensation
for
the
period
18
of
the
refusal.
Compensation
shall
not
be
payable
for
the
19
period
of
suspension.
20
Sec.
3.
Section
85.39,
unnumbered
paragraph
2,
Code
2014,
is
21
amended
by
striking
the
unnumbered
paragraph.
22
EXPLANATION
23
The
inclusion
of
this
explanation
does
not
constitute
agreement
with
24
the
explanation’s
substance
by
the
members
of
the
general
assembly.
25
This
bill
relates
to
the
provision
of
medical
services
and
26
evaluation
of
permanent
disabilities
of
injured
employees
under
27
the
workers’
compensation
law.
28
Code
section
85.27,
subsection
4,
is
amended
to
give
an
29
injured
employee,
instead
of
the
employer,
the
right
to
choose
30
the
provider
of
medical
services,
at
the
employer’s
expense.
31
If
either
the
employee
or
the
employer
is
dissatisfied
with
32
the
care
offered
or
provided,
written
notice
must
be
given
to
33
the
other
party,
and
upon
application
and
hearing
the
workers’
34
compensation
commissioner
may
allow
and
order
other
care.
A
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decision
for
alternate
care
must
be
issued
by
the
commissioner
1
within
10
working
days
after
receipt
of
the
application
for
2
alternate
care.
3
Upon
receiving
notice
of
an
injury,
an
employer
is
also
4
required
to
promptly
notify
an
injured
employee
of
the
5
employee’s
right
to
choose
medical
care
and
the
employer
and
6
the
employer’s
insurer
are
prohibited
from
making
suggestions
7
or
otherwise
attempting
to
influence
the
injured
employee’s
8
choice
of
a
treating
physician.
9
When
it
is
medically
indicated
that
no
significant
10
improvement
from
an
injury
is
anticipated,
the
employer
is
11
required
to
obtain
a
medical
opinion
regarding
the
extent
12
of
the
employee’s
permanent
disability
and
may
arrange
13
for
a
medical
examination
of
the
injured
employee
in
order
14
to
do
so.
The
employee
must
be
paid
regular
wages
and
15
reasonable
transportation
expenses
incurred
while
attending
16
the
examination.
The
physician
chosen
by
the
employer
is
17
entitled
to
confer
with
and
obtain
from
any
physician
retained
18
by
the
injured
employee
sufficient
history
to
conduct
a
proper
19
examination.
The
refusal
of
an
employee
to
submit
to
the
20
examination
suspends
the
employee’s
right
to
any
compensation
21
during
the
period
of
the
refusal.
Compensation
is
not
payable
22
for
the
period
of
the
refusal.
23
Code
section
85.39
is
amended
to
provide
that
after
the
24
employer
obtains
a
medical
opinion
regarding
the
extent
of
25
an
injured
employee’s
permanent
disability
pursuant
to
Code
26
section
85.27,
subsection
4,
and
if
the
employee
believes
the
27
extent
of
permanent
disability
identified
in
the
opinion
is
28
too
low,
the
employee
has
the
right
to
obtain
another
medical
29
opinion
from
a
physician
of
the
employee’s
choice,
at
the
30
employer’s
expense.
31
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