Bill Text: IA HF2411 | 2021-2022 | 89th General Assembly | Enrolled
Bill Title: A bill for an act relating to replacements of permanent prosthetic devices for injured workers. (Formerly HSB 668.) Effective date: 07/01/2022.
Spectrum: Committee Bill
Status: (Passed) 2022-06-14 - Signed by Governor. H.J. 944. [HF2411 Detail]
Download: Iowa-2021-HF2411-Enrolled.html
House
File
2411
-
Enrolled
House
File
2411
AN
ACT
RELATING
TO
REPLACEMENTS
OF
PERMANENT
PROSTHETIC
DEVICES
FOR
INJURED
WORKERS.
BE
IT
ENACTED
BY
THE
GENERAL
ASSEMBLY
OF
THE
STATE
OF
IOWA:
Section
1.
Section
85.27,
subsection
1,
Code
2022,
is
amended
to
read
as
follows:
1.
a.
The
employer,
for
all
injuries
compensable
under
this
chapter
or
chapter
85A
,
shall
furnish
reasonable
surgical,
medical,
dental,
osteopathic,
chiropractic,
podiatric,
physical
rehabilitation,
nursing,
ambulance,
and
hospital
services
and
supplies
therefor
and
shall
allow
reasonably
necessary
transportation
expenses
incurred
for
such
services.
The
employer
shall
also
furnish
reasonable
and
necessary
crutches,
artificial
members
,
and
appliances
but
.
House
File
2411,
p.
2
b.
An
employer
shall
not
be
required
to
furnish
more
than
one
set
of
permanent
prosthetic
devices.
c.
Paragraph
“b”
shall
not
apply
if
a
permanent
prosthetic
device
is
a
replacement
of
a
permanent
prosthetic
device
that
is
medically
necessary
as
a
result
of
a
compensable
injury
that
occurred
while
the
employee
was
employed
by
the
employer
and
the
replacement
of
the
prosthetic
device
would
be
considered
reasonable
medical
care
under
this
chapter.
Sec.
2.
Section
85.27,
subsection
5,
Code
2022,
is
amended
to
read
as
follows:
5.
a.
When
an
artificial
member
or
orthopedic
appliance,
whether
or
not
previously
furnished
by
the
employer,
is
damaged
or
made
unusable
by
circumstances
arising
out
of
and
in
the
course
of
employment
other
than
through
ordinary
wear
and
tear,
the
employer
shall
repair
or
replace
it.
When
any
crutch,
artificial
member
or
appliance,
whether
or
not
previously
furnished
by
the
employer,
either
is
damaged
or
made
unusable
in
conjunction
with
a
personal
injury
entitling
the
employee
to
disability
benefits
or
services
as
provided
by
this
section
,
or
is
damaged
in
connection
with
employee
actions
taken
which
avoid
such
personal
injury,
the
employer
shall
repair
or
replace
it.
b.
Subject
to
paragraph
“a”
but
notwithstanding
any
other
provision
of
this
section,
an
employer
shall
not
be
required
to
provide
for
the
repair
or
replacement
of
an
employee’s
permanent
prosthetic
device
if
the
employee
has
an
account
credited
to
the
employee
pursuant
to
section
85.65,
subsection
2,
in
relation
to
that
permanent
prosthetic
device.
Sec.
3.
Section
85.35,
Code
2022,
is
amended
by
adding
the
following
new
subsection:
NEW
SUBSECTION
.
7A.
a.
If
an
injury
relating
to
a
claim
results
in
the
injured
worker
needing
a
medically
necessary
permanent
prosthetic
device
or
an
alteration
of
an
existing
medically
necessary
permanent
prosthetic
device,
a
settlement
pursuant
to
this
section
must
describe
the
medically
necessary
permanent
prosthetic
device
and
identify
which
portion
of
the
settlement
proceeds
are
for
the
purpose
of
covering
the
estimated
cost
of
future
repair
or
replacement
of
the
device.
House
File
2411,
p.
3
b.
Upon
the
approval
of
a
settlement
by
the
workers’
compensation
commissioner,
moneys
identified
for
the
purpose
of
covering
the
cost
of
future
repair
or
replacement
of
a
permanent
prosthetic
device
shall
be
paid
to
the
treasurer
of
state
as
the
custodian
of
the
second
injury
fund
for
administration
pursuant
to
section
85.65,
subsection
2,
section
85.66,
and
section
85.67A.
c.
Notwithstanding
any
other
provision
of
this
chapter,
moneys
identified
for
the
purpose
of
covering
the
estimated
cost
of
future
repair
or
replacement
of
a
permanent
prosthetic
device
shall
not
be
used
to
calculate
an
injured
worker’s
compensation
schedule.
Sec.
4.
Section
85.45,
Code
2022,
is
amended
by
adding
the
following
new
subsection:
NEW
SUBSECTION
.
4.
When
commuting
future
payments
pursuant
to
this
section,
if
the
claim
for
workers’
compensation
benefits
was
related
to
an
injury
that
resulted
in
the
injured
worker
needing
a
medically
necessary
permanent
prosthetic
device
or
an
alteration
of
an
existing
medically
necessary
permanent
prosthetic
device,
a
portion
of
the
lump
sum
payment
must
be
designated
for
the
purpose
of
covering
the
estimated
cost
of
repair
or
replacement
of
the
permanent
prosthetic
device.
Moneys
identified
pursuant
to
this
subsection
shall
be
paid
to
the
treasurer
of
state
as
custodian
of
the
second
injury
fund
for
administration
pursuant
to
section
85.65,
subsection
2,
section
85.66,
and
section
85.67A.
Sec.
5.
Section
85.48,
Code
2022,
is
amended
to
read
as
follows:
85.48
Partial
commutation.
1.
When
partial
commutation
is
ordered,
the
workers’
compensation
commissioner
shall
fix
the
lump
sum
to
be
paid
at
an
amount
which
will
equal
the
future
payments
for
the
period
commuted,
capitalized
at
their
present
value
upon
the
basis
of
interest
at
the
rate
provided
in
section
535.3
for
court
judgments
and
decrees.
Provisions
shall
be
made
for
the
payment
of
weekly
compensation
not
included
in
the
commutation
with
all
remaining
payments
to
be
paid
over
the
same
period
of
time
as
though
the
commutation
had
not
been
made
by
either
eliminating
weekly
payments
from
the
first
or
last
part
of
the
House
File
2411,
p.
4
payment
period
or
by
a
pro
rata
reduction
in
the
weekly
benefit
amount
over
the
entire
payment
period.
2.
When
commuting
future
payments
pursuant
to
this
section,
if
the
claim
for
workers’
compensation
benefits
was
related
to
an
injury
that
resulted
in
the
injured
worker
needing
a
medically
necessary
permanent
prosthetic
device
or
an
alteration
of
an
existing
medically
necessary
permanent
prosthetic
device,
a
portion
of
the
lump
sum
payment
must
be
designated
for
the
purposes
of
covering
the
estimated
cost
of
repair
or
replacement
of
the
permanent
prosthetic
device.
Moneys
identified
pursuant
to
this
subsection
shall
be
paid
to
the
treasurer
of
state
as
custodian
of
the
second
injury
fund
for
administration
pursuant
to
section
85.65,
subsection
2,
section
85.66,
and
section
85.67A.
Sec.
6.
Section
85.61,
Code
2022,
is
amended
by
adding
the
following
new
subsection:
NEW
SUBSECTION
.
01.
“Alteration”
means
a
material
change
to
a
permanent
prosthetic
device
that
is
necessary
due
to
an
employee’s
injury,
without
which
would
not
allow
the
injured
employee
use
of
the
prosthetic
device
as
effectively
as
prior
to
the
injury.
Sec.
7.
Section
85.65,
Code
2022,
is
amended
to
read
as
follows:
85.65
Payments
to
second
injury
fund.
1.
The
employer,
or,
if
insured,
the
insurance
carrier
in
each
case
of
compensable
injury
causing
death,
shall
pay
to
the
treasurer
of
state
for
the
second
injury
fund
the
sum
of
twelve
thousand
dollars
in
a
case
where
there
are
dependents
and
forty-five
thousand
dollars
in
a
case
where
there
are
no
dependents.
The
payment
shall
be
made
at
the
time
compensation
payments
are
begun,
or
at
the
time
the
burial
expenses
are
paid
in
a
case
where
there
are
no
dependents.
However,
the
payments
shall
be
required
only
in
cases
of
injury
resulting
in
death
coming
within
the
purview
of
this
chapter
and
occurring
after
July
1,
1978.
These
payments
shall
be
in
addition
to
any
payments
of
compensation
to
injured
employees
or
their
dependents,
or
of
burial
expenses
as
provided
in
this
chapter
.
2.
a.
The
employer,
or,
if
insured,
the
insurance
carrier
shall
pay
to
the
treasurer
of
state
for
the
second
injury
House
File
2411,
p.
5
fund
the
sum
of
moneys
designated
for
the
purpose
of
covering
the
estimated
cost
of
repair
or
replacement
of
a
permanent
prosthetic
device
for
an
injured
worker
pursuant
to
section
85.35,
85.45,
or
85.48.
b.
(1)
Upon
receipt
of
moneys
pursuant
to
paragraph
“a”
,
the
treasurer
of
state
shall
credit
the
employee
for
the
full
amount
received.
(2)
Moneys
received
by
the
treasurer
of
state
pursuant
to
this
paragraph
for
a
permanent
prosthetic
device
that
was
not
medically
necessary
prior
to
an
injury
shall
be
credited
to
the
injured
worker
in
a
new
account
relating
to
that
permanent
prosthetic
device.
(3)
Moneys
received
by
the
treasurer
of
state
pursuant
to
this
paragraph
for
an
existing
permanent
prosthetic
device
that
requires
alteration
due
to
an
injury
shall
be
credited
to
the
employee’s
account
relating
to
that
prosthetic
device
if
one
exists,
or
credited
to
a
new
account
if
one
is
not
in
existence
for
that
prosthetic
device.
c.
Moneys
credited
to
an
employee
pursuant
to
this
subsection
may
only
be
used
for
the
purposes
designated
in
section
85.67A
and
only
in
relation
to
the
permanent
prosthetic
device
for
which
the
account
was
created.
Sec.
8.
Section
85.66,
subsection
2,
Code
2022,
is
amended
to
read
as
follows:
2.
The
treasurer
of
state
is
charged
with
the
conservation
of
the
assets
of
the
second
injury
fund.
Moneys
collected
in
the
second
injury
fund
shall
be
disbursed
only
for
the
purposes
stated
in
this
subchapter
,
and
shall
not
at
any
time
be
appropriated
or
diverted
to
any
other
use
or
purpose.
Except
for
reimbursements
to
the
attorney
general
provided
for
in
section
85.67
,
disbursements
Disbursements
from
the
fund
shall
only
be
paid
by
the
treasurer
of
state
only
for
reimbursements
pursuant
to
section
85.67,
for
payments
pursuant
to
section
85.67A,
or
upon
the
written
order
of
the
workers’
compensation
commissioner.
The
treasurer
of
state
shall
invest
any
surplus
moneys
of
the
fund
in
securities
which
constitute
legal
investments
for
state
funds
under
the
laws
of
this
state,
and
may
sell
any
of
the
securities
in
which
the
fund
is
invested,
if
necessary,
for
the
proper
administration
or
in
the
best
House
File
2411,
p.
6
interests
of
the
fund.
Sec.
9.
NEW
SECTION
.
85.67A
Administration
of
fund
——
permanent
prosthetic
devices.
1.
For
the
purposes
of
this
section:
a.
“Prosthetic
device”
or
“device”
means
a
permanent
prosthetic
device
for
which
an
account
has
been
established
pursuant
to
section
85.65,
subsection
2.
b.
“Prosthetics
supplier”
means
a
person
or
business
who
makes
or
repairs
permanent
prosthetic
devices.
c.
“Voucher”
means
a
written
statement
that
identifies
all
of
the
following:
(1)
The
prosthetic
device
requiring
repair
or
replacement.
(2)
Whether
the
device
appears
to
require
repair
or
replacement
and
the
reason
the
device
requires
repair
or
replacement.
(3)
The
exact
amount,
including
taxes,
necessary
to
pay
for
the
repair
or
replacement
of
the
device.
2.
The
treasurer
of
state
shall
pay
moneys
from
an
account
established
pursuant
to
section
85.65,
subsection
2,
to
a
prosthetics
supplier
for
the
replacement
or
repair
of
a
prosthetic
device
upon
the
receipt
of
a
voucher.
3.
a.
If
an
employee
dies
prior
to
receiving
all
moneys
credited
to
the
employee
pursuant
to
section
85.65,
subsection
2,
the
treasurer
of
state
shall
pay
the
remaining
moneys
to
the
employer
which
originally
contributed
such
moneys.
b.
If
an
employer
cannot
be
paid
pursuant
to
paragraph
“a”
,
the
treasurer
of
state
shall
pay
remaining
moneys
to
the
insurer
named
in
relation
to
the
claim
from
which
the
credits
arose.
c.
If
an
employer
or
insurer
cannot
be
paid
pursuant
to
paragraphs
“a”
and
“b”
,
the
treasurer
of
state
shall
pay
remaining
moneys
to
the
employee’s
beneficiaries.
d.
If
the
employee
did
not
designate
any
beneficiaries,
remaining
moneys
shall
be
paid
to
the
employee’s
estate.
4.
The
labor
commissioner
and
the
commissioner
of
insurance
may
adopt
rules
pursuant
to
chapter
17A
to
implement
this
section.
Such
rules
may
include
guidelines
for
which
prosthetics
suppliers
may
provide
a
repair
or
replacement
for
a
prosthetic
device,
the
form
a
voucher
must
take,
and
House
File
2411,
p.
7
information
in
addition
to
content
described
in
subsection
1,
paragraph
“c”
,
that
must
appear
on
a
voucher.
______________________________
PAT
GRASSLEY
Speaker
of
the
House
______________________________
JAKE
CHAPMAN
President
of
the
Senate
I
hereby
certify
that
this
bill
originated
in
the
House
and
is
known
as
House
File
2411,
Eighty-ninth
General
Assembly.
______________________________
MEGHAN
NELSON
Chief
Clerk
of
the
House
Approved
_______________,
2022
______________________________
KIM
REYNOLDS
Governor
