Bill Text: IA HF97 | 2019-2020 | 88th General Assembly | Introduced
Bill Title: A bill for an act relating to the state's workers' compensation laws by modifying alternate care procedures for medical treatment, creating registries of physicians who treat and evaluate work-related injuries, providing for the retention of a medical director, creating a state workplace injury care providers registry fund, establishing a workers' compensation advisory council, providing for and appropriating fees, and including effective date provisions.
Spectrum: Partisan Bill (Democrat 1-0)
Status: (Introduced - Dead) 2019-01-24 - Introduced, referred to Commerce. H.J. 142. [HF97 Detail]
Download: Iowa-2019-HF97-Introduced.html
House
File
97
-
Introduced
HOUSE
FILE
97
BY
ISENHART
A
BILL
FOR
An
Act
relating
to
the
state’s
workers’
compensation
laws
1
by
modifying
alternate
care
procedures
for
medical
2
treatment,
creating
registries
of
physicians
who
treat
3
and
evaluate
work-related
injuries,
providing
for
the
4
retention
of
a
medical
director,
creating
a
state
workplace
5
injury
care
providers
registry
fund,
establishing
a
6
workers’
compensation
advisory
council,
providing
for
and
7
appropriating
fees,
and
including
effective
date
provisions.
8
BE
IT
ENACTED
BY
THE
GENERAL
ASSEMBLY
OF
THE
STATE
OF
IOWA:
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Section
1.
Section
85.27,
subsection
4,
Code
2019,
is
1
amended
by
striking
the
subsection
and
inserting
in
lieu
2
thereof
the
following:
3
4.
a.
For
purposes
of
this
section,
the
employer
is
4
obligated
to
furnish
reasonable
services
and
supplies
to
5
treat
an
injured
employee
and
has
the
right
to
predesignate
6
the
initial
provider
of
medical
care.
Upon
receiving
7
notification
of
an
injury,
the
employer
is
also
obligated
8
to
provide
the
injured
employee
with
written
information
on
9
the
state’s
workers’
compensation
laws,
including
the
rights
10
and
responsibilities
of
the
employee
and
the
employer
and
to
11
document
in
writing
that
the
employee
received
the
information
12
in
a
timely
manner.
The
commissioner
shall
provide,
by
13
administrative
rule,
the
format,
content,
and
procedure
for
the
14
predesignation
of
the
initial
provider
of
medical
care
by
the
15
employer
and
the
provision
of
this
information
to
the
injured
16
employee.
17
(1)
The
employer
shall
promptly
provide
medical
care
for
18
the
injury
and
may
predesignate
a
licensed
physician
to
treat
19
the
injury
and
any
condition
the
physician
believes
is
causally
20
related
to
the
injury.
If
the
employer
has
not
predesignated
21
a
licensed
physician
to
treat
the
injury
and
any
condition
22
causally
related
to
the
injury,
the
employee
may
designate
a
23
licensed
physician
of
the
employee’s
choosing
to
provide
that
24
treatment.
25
(2)
The
employer
may
predesignate
a
physician
listed
in
the
26
state
registry
of
workplace
injury
care
providers,
as
provided
27
in
section
85.73,
to
treat
the
injury
and
any
condition
28
causally
related
to
the
injury.
29
(3)
The
physician
predesignated
by
the
employer
or
30
designated
by
the
employee
shall
be
authorized
by
the
employer
31
to
treat
the
injury
at
the
employer’s
expense
in
any
manner
32
deemed
appropriate
by
the
physician,
without
a
requirement
of
33
preapproval
for
such
referrals
by
the
employer,
an
agent
or
34
representative
of
the
employer,
or
the
employer’s
insurer.
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(4)
The
physician
predesignated
by
the
employer
or
1
designated
by
the
employee
shall
be
authorized
to
make
2
referrals
to
other
physicians,
therapists,
or
health
care
3
providers
of
specialized
services
at
the
employer’s
expense
4
without
a
requirement
of
preapproval
for
such
referrals
by
the
5
employer,
an
agent
or
representative
of
the
employer,
or
the
6
employer’s
insurer.
7
b.
The
physician
predesignated
by
the
employer
or
designated
8
by
the
employee
to
treat
the
injured
employee
shall
provide
9
ongoing
written
documentation
of
the
physician’s
opinions,
10
treatment
recommendations,
and
care
plan
to
the
employee.
Such
11
documentation
shall
indicate
whether
or
not
the
physician’s
12
opinions,
treatment
recommendations,
and
care
plan
are
in
13
accord
with
the
most
recent
edition
of
either
the
official
14
disability
guidelines
and
treatment
guidelines
in
workers’
15
compensation
published
by
the
work
loss
data
institute
or
the
16
American
college
of
occupational
and
environmental
medicine
17
practice
guidelines
published
by
the
American
college
of
18
occupational
and
environmental
medicine,
and
if
so,
shall
cite
19
the
appropriate
guidelines.
20
c.
(1)
If
an
employee
receives
treatment
for
an
injury
21
from
a
physician
predesignated
by
the
employer
and
prior
to
22
an
evaluation
of
permanent
disability
by
that
predesignated
23
physician,
the
injured
employee
may
be
examined
by
and
obtain
a
24
second
opinion,
treatment
recommendations,
or
a
care
plan
from
25
another
licensed
physician
of
the
employee’s
choosing.
The
26
employee
may
request
and
the
employer
shall
pay
the
reasonable
27
costs
associated
with
this
examination,
including
reimbursement
28
for
transportation
expenses
incurred
by
the
employee
for
29
the
examination.
The
employee
shall
notify
the
physician
30
predesignated
by
the
employer
that
the
employee
is
consulting
31
with
another
physician
of
the
employee’s
choosing.
32
(2)
If
an
employee
receives
treatment
for
an
injury
from
33
a
physician
designated
by
the
employee,
the
employer
is
not
34
responsible
for
the
costs
of
obtaining
a
second
opinion,
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treatment
recommendations,
or
a
care
plan
from
an
additional
1
licensed
physician
of
the
employee’s
choosing.
2
d.
If
the
employer
or
employee
has
reason
to
be
dissatisfied
3
with
the
care
of
a
treating
physician
predesignated
or
4
designated
by
the
other
party
or
with
any
referral
made
by
that
5
physician,
the
employer
and
employee
may
mutually
agree
upon
6
alternate
care.
7
e.
If
the
employer
and
employee
cannot
agree
on
alternate
8
care,
either
the
employer
or
employee
may
notify
an
insurance
9
claims
specialist
within
the
division
of
workers’
compensation,
10
who
shall,
within
five
working
days
schedule
a
conference
11
between
the
employer
and
employee
by
any
reasonable
manner
12
available
to
review
the
basis
for
dissatisfaction
and
provide
13
an
advisory
opinion
to
resolve
the
medical
care
dispute.
14
f.
If,
following
the
conference
with
the
insurance
claims
15
specialist,
the
employer
and
employee
cannot
agree
on
such
16
alternate
care,
the
workers’
compensation
commissioner,
upon
17
application
and
reasonable
proof
of
the
necessity
therefor,
may
18
allow
and
order
alternate
care.
19
(1)
The
employee
is
responsible
to
make
the
application
20
for
alternate
care
and
to
provide
reasonable
proof
for
the
21
necessity
of
alternate
care
if
all
of
the
following
actions
22
occurred:
23
(a)
The
employer
provided
written
information
about
the
24
state’s
workers’
compensation
laws
as
provided
in
paragraph
25
“a”
.
26
(b)
The
employer
predesignated
a
treating
physician
listed
27
on
the
state
registry
of
workplace
injury
care
providers
as
28
provided
in
paragraph
“a”
,
subparagraph
(2).
29
(c)
The
treating
physician
predesignated
by
the
employer
30
provided
written
documentation
of
the
physician’s
opinions,
31
treatment
recommendations,
and
care
plan
to
the
employee
along
32
with
a
citation
to
appropriate
treatment
guidelines
as
provided
33
in
paragraph
“b”
.
34
(2)
The
employer
is
responsible
to
make
the
application
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for
alternate
care
and
to
provide
reasonable
proof
for
the
1
necessity
of
alternate
care
if
any
of
the
actions
specified
in
2
subparagraph
(1)
did
not
occur
or
if
the
employee
designated
3
the
treating
physician
to
treat
the
injury.
4
(3)
The
commissioner
shall
not
be
bound
by
the
advisory
5
opinion
of
the
insurance
claims
specialist.
Upon
application,
6
the
workers’
compensation
commissioner
shall
conduct
a
hearing
7
in
any
reasonable
manner
to
effectuate
a
prompt
resolution
of
8
the
alternate
care
dispute.
The
commissioner
shall
issue
a
9
decision
within
ten
working
days
of
receipt
of
an
application
10
for
alternate
care.
11
(4)
The
employer
or
its
insurer
is
liable
for
the
costs
of
12
all
medical
care
provided
by
a
physician
predesignated
by
the
13
employer
or
designated
by
the
employee
pursuant
to
paragraph
14
“a”
,
subparagraph
(1),
or
from
referrals
from
the
predesignated
15
or
designated
physician,
and
shall
hold
the
employee
harmless
16
for
the
cost
of
care
by
the
predesignated
or
designated
care
17
providers.
18
(5)
In
an
emergency,
the
employee
may
choose
the
employee’s
19
care
at
the
employer’s
expense,
provided
the
employer
or
the
20
employer’s
agent
cannot
be
immediately
contacted
to
indicate
21
who
the
employer
has
predesignated
as
a
treating
physician.
22
(6)
The
employer
shall
notify
an
injured
employee
of
the
23
employee’s
ability
to
contest
the
employer’s
choice
of
the
24
predesignated
treating
physician
or
other
provider
of
medical
25
care
as
part
of
the
information
given
to
the
employee
as
26
required
under
paragraph
“a”
.
27
g.
(1)
The
employer
has
the
right
to
request
an
employee
28
to
submit,
as
often
as
is
reasonable
and
at
a
reasonable
time
29
and
place,
to
an
examination
by
a
licensed
physician
chosen
30
by
the
employer
for
any
purpose
relevant
to
the
employer’s
31
duties
to
provide
benefits
to
the
employee
under
this
chapter,
32
or
chapters
85A,
85B,
and
86.
If
the
employer
makes
such
a
33
request
to
an
employee
in
writing
and
offers
to
advance
or
34
reimburse
the
employee’s
transportation
expenses
incurred
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in
traveling
to
and
from
the
place
of
the
examination,
the
1
employee
shall
submit
to
the
examination.
2
(2)
Each
time
that
an
employee
is
requested
to
and
submits
3
to
an
examination
requested
by
the
employer
as
provided
in
4
subparagraph
(1),
the
employee
has
the
right
to
be
examined
by
5
a
licensed
physician
chosen
by
the
employee
for
any
purpose
6
relevant
to
the
employer’s
duties
to
provide
benefits
to
the
7
employee
as
described
in
subparagraph
(1).
8
(3)
Each
time
that
an
employer
obtains
an
evaluation
of
9
an
employee’s
permanent
disability
by
a
physician
chosen
10
by
the
employer,
if
the
injured
employee
believes
that
the
11
evaluation
of
the
extent
of
the
employee’s
permanent
disability
12
is
too
low,
the
employee
may
obtain
a
subsequent
examination
13
and
evaluation
of
the
employee’s
permanent
disability
by
a
14
physician
of
the
employee’s
choice.
The
physician
chosen
by
15
the
employee
has
the
right
to
confer
with
and
obtain
sufficient
16
medical
history
of
the
employee
from
the
physician
who
examined
17
the
employee
on
behalf
of
the
employer
to
make
a
proper
18
evaluation
of
the
employee’s
permanent
disability.
19
(4)
The
employer
shall
promptly
pay
the
costs
of
any
20
examination
obtained
pursuant
to
this
paragraph
“g”
,
or
if
21
necessary
to
obtain
the
examination,
advance
the
costs
of
22
the
examination,
and
pay
the
employee’s
reasonably
necessary
23
transportation
expenses
incurred
in
traveling
to
and
from
the
24
place
of
any
examination
and
shall
hold
the
employee
harmless
25
for
the
cost
of
all
examinations
and
medical
care
provided
26
pursuant
to
this
paragraph
“g”
and
the
employee’s
reasonably
27
necessary
transportation
expenses.
28
Sec.
2.
NEW
SECTION
.
85.73
State
workplace
injury
care
29
providers
——
registry
——
fees.
30
1.
The
workers’
compensation
commissioner
shall
establish
31
and
maintain
a
registry
of
physicians
licensed
in
the
state
32
that
offer
or
provide
treatment
of
work-related
injuries.
33
2.
The
commissioner,
by
administrative
rule,
shall
34
establish
requirements
for
a
physician
to
be
listed
on
the
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registry
and
establish
a
registration
fee.
1
3.
This
section
shall
not
be
construed
to
require
a
2
physician
to
be
listed
on
the
registry
in
order
to
offer
or
3
provide
treatment
of
work-related
injuries.
4
4.
This
section
shall
not
be
construed
to
prohibit
an
5
employer
from
predesignating
or
an
employee
from
designating
a
6
physician
to
provide
treatment
of
a
work-related
injury
who
is
7
not
listed
on
the
registry.
8
Sec.
3.
NEW
SECTION
.
85.74
Independent
medical
evaluations
9
——
providers
——
registry
——
fees.
10
1.
The
commissioner
shall
establish
and
maintain
a
separate
11
registry
of
licensed
physicians
trained
to
perform
independent
12
medical
evaluations
and
to
issue
impairment
ratings
of
injured
13
employees.
14
2.
The
commissioner
shall
establish,
by
administrative
15
rule,
minimum
training
requirements
for
a
physician
to
be
16
listed
on
the
registry
and
establish
a
registration
fee.
17
3.
The
commissioner
shall
also
provide
by
administrative
18
rule
that
a
physician
must
be
listed
on
the
registry
in
order
19
to
perform
independent
medical
evaluations
and
issue
impairment
20
ratings
of
injured
employees
in
this
state.
The
commissioner
21
may
prohibit
an
employer
or
employee
from
using
an
independent
22
medical
evaluation
or
an
impairment
rating
of
an
injured
23
employee
from
a
physician
who
is
not
listed
on
the
registry
24
as
evidence
at
a
hearing
to
determine
benefits
under
Iowa’s
25
workers’
compensation
laws.
26
Sec.
4.
NEW
SECTION
.
85.75
Fees
appropriated.
27
All
fees
collected
pursuant
to
sections
85.73
and
85.74
28
shall
be
credited
to
the
state
workplace
injury
care
providers
29
registry
fund
created
in
section
85.77
and
are
appropriated
to
30
the
division
to
be
used
to
carry
out
the
provisions
of
sections
31
85.73,
85.74,
85.76,
and
85.78,
including
but
not
limited
32
to
establishing
and
maintaining
the
registries
described
in
33
sections
85.73
and
85.74,
retaining
a
medical
director
as
set
34
forth
in
section
85.76,
and
providing
for
the
expenses
of
the
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workers’
compensation
advisory
council
created
in
section
1
85.78.
2
Sec.
5.
NEW
SECTION
.
85.76
Medical
director.
3
The
workers’
compensation
commissioner
may
retain
the
4
services
of
a
medical
director
to
assist
the
division
of
5
workers’
compensation
in
advancing
occupational
health
in
Iowa
6
and
to
advise
the
commissioner
on
how
to
successfully
apply
and
7
administer
the
state’s
workers’
compensation
laws,
including
8
assessments
of
the
use
of
evidence-based
care
in
treating
9
work-related
injuries.
10
Sec.
6.
NEW
SECTION
.
85.77
State
workplace
injury
care
11
providers
registry
fund.
12
1.
A
state
workplace
injury
care
providers
registry
fund
13
is
created
in
the
state
treasury
as
a
separate
fund
under
the
14
control
of
the
division
of
workers’
compensation.
All
moneys
15
appropriated
or
transferred
to
the
fund
shall
be
credited
to
16
the
fund.
All
moneys
deposited
or
paid
into
the
fund
shall
17
only
be
appropriated
to
the
workers’
compensation
commissioner
18
to
be
used
for
the
purposes
set
forth
in
sections
85.73,
85.74,
19
85.75,
and
85.76.
20
2.
Notwithstanding
section
8.33,
any
balance
in
the
fund
21
on
June
30
of
each
fiscal
year
shall
not
revert
to
the
general
22
fund
of
the
state,
but
shall
be
available
for
purposes
of
23
sections
85.73,
85.74,
85.75,
85.76,
and
85.78
in
subsequent
24
fiscal
years.
Notwithstanding
section
12C.7,
interest
earnings
25
on
moneys
in
the
fund
shall
be
credited
to
the
fund.
26
Sec.
7.
NEW
SECTION
.
85.78
Workers’
compensation
advisory
27
council.
28
1.
A
workers’
compensation
advisory
council
is
established
29
within
the
division
of
workers’
compensation.
The
council
30
shall
be
composed
of
the
following
persons:
31
a.
Two
members
appointed
by
the
governor
and
subject
to
32
confirmation
by
the
senate
pursuant
to
section
2.32,
one
33
representing
employers,
and
one
representing
organized
labor.
34
b.
Two
members
appointed
jointly
by
the
majority
leader
and
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the
minority
leader
of
the
senate,
one
representing
employers,
1
and
one
representing
organized
labor.
2
c.
Two
members
appointed
jointly
by
the
speaker
and
3
the
minority
leader
of
the
house
of
representatives,
one
4
representing
employers
and
one
representing
organized
labor.
5
2.
The
members
shall
serve
six-year
terms
beginning
and
6
ending
as
provided
in
section
69.19.
However,
the
initial
7
members
shall
be
appointed
to
serve
for
less
than
six
years
to
8
ensure
members
serve
staggered
terms.
A
member
is
eligible
for
9
reappointment.
A
vacancy
on
the
council
shall
be
filled
for
10
the
unexpired
portion
of
the
regular
term
in
the
same
manner
as
11
regular
appointments
are
made.
12
3.
One
representative
of
employers
and
one
of
organized
13
labor
shall
be
elected
as
co-chairpersons
by
the
council
and
14
shall
serve
for
two-year
staggered
terms.
However,
one
of
15
the
initial
co-chairpersons
shall
be
elected
to
serve
for
16
a
three-year
term
to
ensure
that
the
co-chairpersons
serve
17
staggered
terms.
18
4.
Four
members
constitute
a
quorum.
The
affirmative
19
vote
of
a
majority
of
the
voting
members
present
as
well
as
20
the
approval
of
at
least
two
employer
representatives
and
two
21
labor
representatives
is
necessary
for
any
substantive
action
22
to
be
taken
by
the
council.
The
majority
shall
not
include
23
any
member
who
has
a
conflict
of
interest
and
a
statement
by
a
24
member
that
the
member
has
a
conflict
of
interest
is
conclusive
25
for
this
purpose.
A
vacancy
in
the
membership
does
not
impair
26
the
duties
of
the
council.
27
5.
The
council
shall
meet
on
a
regular
basis
and
at
the
28
call
of
the
co-chairpersons
or
upon
the
written
request
to
the
29
co-chairpersons
of
two
or
more
members.
30
6.
The
members
are
entitled
to
receive
a
per
diem
allowance
31
and
actual
expense
reimbursement
as
specified
in
section
7E.6.
32
7.
The
purpose
of
the
council
is
to
assist
the
workers’
33
compensation
commissioner
in
the
successful
administration
34
of
the
division
of
workers’
compensation
and
to
make
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recommendations
to
the
governor
and
the
general
assembly
1
regarding
workplace
safety
and
improvements
to
the
state’s
2
workers’
compensation
system.
3
8.
The
responsibilities
of
the
council
are
as
follows:
4
a.
Monitor
and
support
the
successful
implementation
of
the
5
state’s
workers’
compensation
laws.
6
b.
Identify
problems
and
recommend
solutions
and
7
improvements
with
respect
to
the
effectiveness
of
the
state’s
8
workers’
compensation
system,
to
the
division
of
workers’
9
compensation,
and
to
the
governor
and
the
general
assembly.
10
c.
Assist
the
workers’
compensation
commissioner
in
11
developing
and
implementing
a
program
to
train
and
certify
12
claims
adjusters
for
practice
in
Iowa.
13
d.
Work
with
all
stakeholders,
including
the
medical
14
director
retained
pursuant
to
section
85.76,
to
develop
and
15
promote
a
system
of
high-performance,
transparent,
accountable,
16
and
evidence-based
health
care
for
the
treatment
and
prevention
17
of
workplace
injuries.
18
e.
Make
recommendations
to
and
receive
recommendations
from
19
the
nonprofit
Iowa
workers’
compensation
advisory
committee
20
regarding
topics
for
stakeholder
and
public
education
with
21
respect
to
the
application
of
workers’
compensation
law
and
22
successful
workers’
compensation
programs
and
strategies,
as
23
well
as
the
prevention
of
workplace
injuries.
24
Sec.
8.
EFFECTIVE
DATE.
The
following
provision
or
25
provisions
of
this
Act
take
effect
July
1,
2020:
26
1.
The
section
of
this
Act
amending
section
85.27.
27
2.
The
section
of
this
Act
enacting
section
85.74.
28
Sec.
9.
EFFECTIVE
DATE.
The
following
provision
or
29
provisions
of
this
Act
take
effect
January
1,
2020:
30
1.
The
section
of
this
Act
enacting
section
85.73.
31
2.
The
section
of
this
Act
enacting
section
85.75.
32
3.
The
section
of
this
Act
enacting
section
85.76.
33
4.
The
section
of
this
Act
enacting
section
85.77.
34
5.
The
section
of
this
Act
enacting
section
85.78.
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EXPLANATION
1
The
inclusion
of
this
explanation
does
not
constitute
agreement
with
2
the
explanation’s
substance
by
the
members
of
the
general
assembly.
3
This
bill
relates
to
the
state’s
workers’
compensation
laws
4
by
modifying
alternate
care
procedures
for
medical
treatment,
5
creating
registries
of
physicians
who
treat
and
evaluate
6
work-related
injuries,
providing
for
the
retention
of
a
medical
7
director,
creating
a
state
workplace
injury
care
providers
8
registry
fund,
establishing
a
workers’
compensation
advisory
9
council,
providing
for
fees,
and
providing
effective
dates.
10
ALTERNATE
CARE.
Amended
Code
section
85.27(4),
concerning
11
the
provision
of
medical
services,
requires
an
employer
12
to
provide
written
information
about
the
state’s
workers’
13
compensation
laws
to
an
employee
upon
receiving
notification
14
that
the
employee
has
suffered
a
work-related
injury.
The
15
employer
has
the
right
to
predesignate
a
licensed
physician
16
to
treat
the
injury
and
make
necessary
referrals
and
may
17
predesignate
a
physician
listed
on
the
state
registry
of
18
workplace
injury
care
providers.
If
the
employer
does
not
19
predesignate
a
treating
physician,
the
employee
may
designate
a
20
physician
of
the
employee’s
choosing
to
provide
the
treatment.
21
Currently,
an
employer
has
the
right
to
choose
care
for
22
workplace
injuries
and
an
employee
does
not
have
the
right
23
to
designate
a
physician
to
provide
treatment
for
workplace
24
injuries,
whether
or
not
the
employer
has
predesignated
a
25
treating
physician,
except
in
certain
emergency
situations.
26
The
physician
predesignated
by
the
employer
or
designated
27
by
the
employee
is
required
to
provide
ongoing
written
28
documentation
of
the
physician’s
opinions,
treatment
29
recommendations,
and
care
plan
to
the
employee
along
with
30
information
about
whether
the
opinions,
recommendations,
and
31
care
plan
are
in
accord
with
either
the
official
disability
32
guidelines
and
treatment
guidelines
in
workers’
compensation
33
published
by
the
work
loss
data
institute
or
the
American
34
college
of
occupational
and
environmental
medicine
practice
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guidelines
(ACOEM),
and
if
so,
citation
to
the
appropriate
1
guidelines.
The
employee
has
the
right
to
request
and
obtain
2
a
second
opinion
from
another
licensed
physician
of
the
3
employee’s
choosing
at
the
employer’s
expense.
4
If
the
employer
or
employee
is
dissatisfied
with
the
care
5
of
a
treating
physician
predesignated
or
designated
by
the
6
other
party
or
with
any
referral
made
by
that
physician,
the
7
employer
and
employee
may
mutually
agree
to
alternate
care.
If
8
they
cannot
agree
on
alternate
care,
either
party
may
notify
9
an
insurance
claims
specialist
within
the
division
of
workers’
10
compensation,
who
shall,
within
five
working
days,
schedule
11
a
conference
between
the
parties
to
review
the
basis
for
12
dissatisfaction
and
provide
an
advisory
opinion
to
resolve
the
13
dispute.
If
the
parties
still
cannot
agree
on
alternate
care
14
after
this
conference,
the
workers’
compensation
commissioner,
15
upon
application
and
reasonable
proof
of
the
necessity,
may
16
allow
and
order
alternate
care.
17
The
employee
is
responsible
to
make
the
application
for
18
alternate
care
and
to
provide
such
reasonable
proof
to
the
19
commissioner
if
the
employer
provided
written
information
20
about
the
state’s
workers’
compensation
laws
at
the
time
of
21
notification
of
the
employee’s
injury,
and
predesignated
a
22
treating
physician
listed
on
the
state
registry
of
workplace
23
injury
care
providers,
and
if
the
treating
physician
24
predesignated
by
the
employer
provided
written
documentation
25
to
the
employee
of
the
physician’s
opinions,
treatment
26
recommendations,
and
care
plan
along
with
citation
to
the
27
appropriate
treatment
guidelines.
28
The
employer
is
responsible
for
making
the
application
for
29
alternate
care
and
providing
reasonable
proof
if
the
employer
30
and
predesignated
treating
physician
did
not
act
as
described
31
above
or
if
the
employee
designated
the
treating
physician
to
32
treat
the
work
injury.
33
The
commissioner
is
not
bound
by
the
advisory
opinion
of
34
the
claims
specialist
and
must
conduct
a
hearing
and
issue
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a
decision
within
10
days
of
receipt
of
an
application
for
1
alternate
care.
2
The
employer
has
the
right
to
request
an
employee
to
submit,
3
as
often
as
is
reasonable
and
at
a
reasonable
time
and
place
4
to
an
examination
by
a
licensed
physician
chosen
by
the
5
employer
for
any
purpose
relevant
to
the
employer’s
duties
to
6
provide
benefits
to
the
employee
under
the
state’s
workers’
7
compensation
laws
and
at
the
employer’s
expense.
If
the
8
employer
makes
the
request
in
writing
and
pays
all
expenses,
9
including
transportation,
the
employee
shall
submit
to
the
10
examination.
Each
time
that
the
employer
obtains
an
evaluation
11
of
an
employee’s
permanent
disability
by
a
physician
chosen
by
12
the
employer,
if
the
employee
believes
that
the
evaluation
of
13
disability
is
too
low,
the
employee
may
obtain
a
subsequent
14
examination
and
evaluation
by
a
physician
of
the
employee’s
15
choosing
at
the
employer’s
expense,
including
transportation
16
expenses
to
and
from
the
place
of
the
examination.
17
PROVIDER
REGISTRIES
——
FEES
——
MEDICAL
DIRECTOR.
New
Code
18
section
85.73
requires
the
workers’
compensation
commissioner
19
to
establish
and
maintain
a
registry
of
licensed
physicians
20
that
offer
or
provide
treatment
of
work-related
injuries.
21
The
commissioner
shall
establish,
by
administrative
rule,
22
requirements
for
a
physician
to
be
listed
on
the
registry
and
23
establish
a
registration
fee.
The
provision
shall
not
be
24
construed
to
require
a
physician
to
be
listed
on
the
registry
25
in
order
to
offer
or
provide
treatment
of
work-related
injuries
26
or
to
prohibit
an
employer
or
employee
from
predesignating
or
27
designating
a
physician
to
provide
treatment
who
is
not
listed
28
on
the
registry.
29
New
Code
section
85.74
requires
the
commissioner
to
30
establish
and
maintain
a
separate
registry
of
licensed
31
physicians
trained
to
perform
independent
medical
evaluations
32
and
to
issue
impairment
ratings
of
injured
employees.
The
33
commissioner
shall
establish,
by
administrative
rule,
minimum
34
training
requirements
for
a
physician
to
be
listed
on
the
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registry
and
establish
a
fee.
A
physician
must
be
listed
1
on
the
registry
in
order
to
perform
independent
medical
2
evaluations
and
issue
impairment
ratings
of
injured
employees
3
in
this
state.
The
commissioner
may
prohibit
an
employer
4
or
employee
from
using
an
independent
medical
evaluation
or
5
impairment
rating
of
an
injured
employee
from
a
physician
who
6
is
not
listed
on
the
registry
as
evidence
at
a
hearing
to
7
determine
benefits
under
Iowa’s
workers’
compensation
laws.
8
New
Code
section
85.76
authorizes
the
commissioner
to
9
retain
the
services
of
a
medical
director
to
assist
the
10
division
of
workers’
compensation
in
advancing
the
field
of
11
occupational
health
in
Iowa
and
to
advise
the
commissioner
on
12
how
to
successfully
apply
and
administer
the
state’s
workers’
13
compensation
laws.
14
STATE
WORKPLACE
INJURY
CARE
PROVIDERS
REGISTRY
FUND.
All
15
registration
fees
collected
pursuant
to
new
Code
sections
85.73
16
and
85.74
shall
be
credited
to
the
state
workplace
injury
care
17
providers
registry
fund
created
in
new
Code
section
85.77
and
18
are
appropriated
to
the
division
of
workers’
compensation
by
19
new
Code
section
85.75
to
carry
out
the
provisions
of
new
Code
20
sections
85.73,
85.74,
85.75,
and
85.76
including
establishing
21
and
maintaining
the
two
physician
registries,
retaining
22
a
medical
director,
and
for
the
expenses
of
the
workers’
23
compensation
advisory
council
created
in
new
Code
section
24
85.78.
25
WORKERS’
COMPENSATION
ADVISORY
COUNCIL.
New
Code
section
26
85.78
establishes
a
workers’
compensation
advisory
council
27
within
the
division
of
workers’
compensation
that
is
composed
28
of
six
members,
three
representing
employers
and
three
29
representing
organized
labor.
The
governor
appoints
two
of
the
30
members,
the
majority
leader
and
the
minority
leader
of
the
31
senate
jointly
appoint
two
members,
and
the
speaker
and
the
32
minority
leader
of
the
house
of
representatives
jointly
appoint
33
two
members.
The
members
serve
six-year
staggered
terms.
The
34
purpose
of
the
council
is
to
assist
the
workers’
compensation
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commissioner
in
the
successful
administration
of
the
division
1
of
workers’
compensation
and
to
make
recommendations
to
the
2
governor
and
the
general
assembly
regarding
workplace
safety
3
and
improvements
to
the
state’s
workers’
compensation
system.
4
EFFECTIVE
DATES.
The
sections
of
the
bill
creating
the
5
provider
registry
for
treatment
of
work
injuries,
the
provider
6
registry
fund,
the
position
of
medical
director,
and
the
7
advisory
council,
and
appropriating
fees,
take
effect
January
8
1,
2020.
The
sections
of
the
bill
pertaining
to
alternate
care
9
procedures
and
required
registration
of
physicians
performing
10
independent
medical
evaluations
and
impairment
ratings
take
11
effect
July
1,
2020.
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