Read the full stored bill text
Senate
File
456
-
Introduced
SENATE
FILE
456
BY
TOWNSEND
,
TRONE
GARRIOTT
,
DONAHUE
,
DOTZLER
,
WINCKLER
,
ZIMMER
,
BLAKE
,
WAHLS
,
and
BISIGNANO
A
BILL
FOR
An
Act
relating
to
the
choice
of
doctor
to
treat
injured
1
employees
under
workers’
compensation
laws
and
including
2
effective
date
and
applicability
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
2025,
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.
An
application
made
under
27
this
subsection
shall
be
considered
an
original
proceeding
28
for
purposes
of
commencement
and
contested
case
proceedings
29
under
section
85.26
.
The
hearing
shall
be
conducted
pursuant
30
to
chapter
17A
.
Before
a
hearing
is
scheduled,
the
parties
31
may
choose
a
telephone
hearing
or
an
in-person
hearing.
A
32
request
for
an
in-person
hearing
shall
be
approved
unless
the
33
in-person
hearing
would
be
impractical
because
of
the
distance
34
between
the
parties
to
the
hearing.
The
workers’
compensation
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commissioner
shall
issue
a
decision
within
ten
working
days
of
1
receipt
of
an
application
for
alternate
care
made
pursuant
to
a
2
telephone
hearing
or
within
fourteen
working
days
of
receipt
of
3
an
application
for
alternate
care
made
pursuant
to
an
in-person
4
hearing.
5
(3)
The
employer
shall
notify
an
injured
employee
of
the
6
employee’s
ability
to
contest
the
employer’s
choice
of
care
7
pursuant
to
this
subsection
paragraph
“a”
.
8
b.
(1)
An
injured
employee
has
the
right
to
choose
care,
9
unless
care
needs
to
be
provided
at
the
job
site
in
response
to
10
a
life-threatening
emergency,
if
the
employee
has
predesignated
11
a
physician
who
is
a
primary
care
provider,
who
has
previously
12
provided
medical
treatment
to
the
employee
and
has
retained
13
the
employee’s
medical
records,
to
provide
treatment
for
the
14
injury.
Upon
hire
and
periodically
during
employment,
an
15
employer
shall
provide
written
notice
to
all
employees
who
have
16
not
yet
predesignated
a
physician,
of
their
right
under
this
17
paragraph
to
predesignate
such
a
physician
for
treatment
of
an
18
injury,
in
a
manner
prescribed
by
the
workers’
compensation
19
commissioner
by
rule.
The
employer
or
the
employer’s
insurer
20
shall
not
coerce
or
otherwise
attempt
to
influence
an
injured
21
employee’s
choice
of
a
physician
to
provide
care.
An
employee
22
shall,
as
soon
as
practicable,
notify
the
employer
of
an
23
injury,
and
upon
receiving
such
notice
of
an
injury
from
an
24
employee,
the
employer
shall
again
provide
written
notice
to
25
that
employee
of
the
employee’s
right
under
this
paragraph
in
26
a
manner
prescribed
by
the
workers’
compensation
commissioner
27
by
rule.
If
an
employer
fails
to
notify
an
employee
of
the
28
employee’s
right
to
choose
a
physician
as
provided
in
this
29
paragraph,
the
employee
has
the
right
to
choose
any
physician
30
to
provide
treatment
for
the
injury
and
the
treatment
shall
be
31
considered
care
authorized
under
this
section.
32
(2)
For
the
purposes
of
this
paragraph,
“physician”
includes
33
an
individual
physician,
a
group
of
physicians,
or
a
clinic.
34
For
the
purposes
of
this
paragraph,
“primary
care
provider”
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means
an
employee’s
personal
physician
licensed
to
practice
1
medicine
and
surgery
or
osteopathic
medicine
and
surgery
in
2
this
state
or
in
another
state
who
provides
primary
care
3
and
is
a
family
or
general
practitioner,
a
pediatrician,
an
4
internist,
an
obstetrician,
or
a
gynecologist.
A
physician
who
5
practices
in
another
state
shall
not
be
predesignated
by
an
6
employee
unless
the
physician’s
office
is
located
within
sixty
7
miles
of
where
the
employee
is
employed
or
was
injured
unless
8
the
workers’
compensation
commissioner
allows
otherwise.
A
9
physician
chosen
by
an
injured
employee
to
provide
treatment
10
is
authorized
to
arrange
for
any
consultation,
surgical
11
consultation,
referral,
emergency
care,
or
other
specialized
12
medical
services
as
the
physician
deems
necessary
to
treat
the
13
injury.
The
employer
shall
pay
for
all
such
care,
unless
the
14
workers’
compensation
commissioner
determines
otherwise.
15
(3)
If
the
employer
has
reason
to
be
dissatisfied
with
the
16
care
chosen
by
the
employee,
the
employer
should
communicate
17
the
basis
of
such
dissatisfaction
to
the
employee,
in
writing
18
if
requested,
following
which
the
employee
and
the
employer
may
19
agree
to
alternate
care
reasonably
suited
to
treat
the
injury.
20
If
the
employee
and
employer
cannot
agree
on
such
alternate
21
care,
the
commissioner
may,
upon
application
and
reasonable
22
proof
of
the
necessity
therefor,
allow
and
order
other
care.
23
c.
An
application
made
to
the
commissioner
under
paragraph
24
“a”
or
“b”
shall
be
considered
an
original
proceeding
for
25
purposes
of
commencement
and
contested
case
proceedings
under
26
section
85.26.
The
hearing
shall
be
conducted
pursuant
to
27
chapter
17A.
Before
a
hearing
is
scheduled,
the
parties
may
28
choose
a
telephone
hearing,
an
audio-video
conference
hearing,
29
or
an
in-person
hearing.
A
request
for
an
in-person
hearing
30
shall
be
approved
unless
the
in-person
hearing
would
be
31
impractical
because
of
the
distance
between
the
parties
to
the
32
hearing.
The
workers’
compensation
commissioner
shall
issue
a
33
decision
within
ten
working
days
of
receipt
of
an
application
34
for
alternate
care
if
a
telephone
hearing
or
audio-video
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conference
hearing
is
held
or
within
fourteen
working
days
of
1
receipt
of
an
application
for
alternate
care
if
an
in-person
2
hearing
is
held.
3
Sec.
2.
Section
85.39,
Code
2025,
is
amended
to
read
as
4
follows:
5
85.39
Examination
of
injured
employees.
6
1.
a.
After
an
injury,
the
employee,
if
requested
by
the
7
employer,
shall
submit
for
examination
at
some
reasonable
8
time
and
place
and
as
often
as
reasonably
requested,
to
a
9
physician
or
physicians
authorized
to
practice
under
the
laws
10
of
this
state
or
another
state,
without
cost
to
the
employee;
11
but
if
the
employee
requests,
the
employee,
at
the
employee’s
12
own
cost,
is
entitled
to
have
a
physician
or
physicians
13
of
the
employee’s
own
selection
present
to
participate
in
14
the
examination.
If
an
employee
is
required
to
leave
work
15
for
which
the
employee
is
being
paid
wages
to
attend
the
16
requested
examination,
the
employee
shall
be
compensated
at
17
the
employee’s
regular
rate
for
the
time
the
employee
is
18
required
to
leave
work,
and
the
employee
shall
be
furnished
19
transportation
to
and
from
the
place
of
examination,
or
the
20
employer
may
elect
to
pay
the
employee
the
reasonable
cost
of
21
the
transportation.
The
refusal
of
the
employee
to
submit
22
to
the
examination
shall
forfeit
the
employee’s
right
to
any
23
compensation
for
the
period
of
the
refusal.
Compensation
shall
24
not
be
payable
for
the
period
of
refusal.
25
2.
b.
If
an
evaluation
of
permanent
disability
has
been
26
made
by
a
physician
retained
by
the
employer
and
the
employee
27
believes
this
evaluation
to
be
too
low,
the
employee
shall,
28
upon
application
to
the
commissioner
and
upon
delivery
of
a
29
copy
of
the
application
to
the
employer
and
its
insurance
30
carrier,
be
reimbursed
by
the
employer
the
reasonable
fee
for
31
a
subsequent
examination
by
a
physician
of
the
employee’s
32
own
choice,
and
reasonably
necessary
transportation
expenses
33
incurred
for
the
examination.
The
physician
chosen
by
the
34
employee
has
the
right
to
confer
with
and
obtain
from
the
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employer-retained
physician
sufficient
history
of
the
injury
1
to
make
a
proper
examination.
An
employer
is
only
liable
to
2
reimburse
an
employee
for
the
cost
of
an
examination
conducted
3
pursuant
to
this
subsection
paragraph
if
the
injury
for
which
4
the
employee
is
being
examined
is
determined
to
be
compensable
5
under
this
chapter
or
chapter
85A
or
85B
.
An
employer
is
not
6
liable
for
the
cost
of
such
an
examination
if
the
injury
for
7
which
the
employee
is
being
examined
is
determined
not
to
be
8
a
compensable
injury.
A
determination
of
the
reasonableness
9
of
a
fee
for
an
examination
made
pursuant
to
this
subsection
10
paragraph
,
shall
be
based
on
the
typical
fee
charged
by
a
11
medical
provider
to
perform
an
impairment
rating
in
the
local
12
area
where
the
examination
is
conducted.
13
2.
If
the
employee
has
chosen
a
physician
to
provide
care
14
as
provided
in
section
85.27,
subsection
4,
paragraph
“b”
,
when
15
it
is
medically
indicated
that
no
significant
improvement
from
16
an
injury
is
anticipated,
the
employee
may
obtain
a
medical
17
opinion
from
the
employee’s
physician,
at
the
employer’s
18
expense,
regarding
the
extent
of
the
employee’s
permanent
19
disability.
If
the
employee
obtains
such
an
evaluation
and
the
20
employer
believes
this
evaluation
of
permanent
disability
to
be
21
too
high,
the
employer
may
arrange
for
a
medical
examination
of
22
the
injured
employee
by
a
physician
of
the
employer’s
choice
23
for
the
purpose
of
obtaining
a
medical
opinion
regarding
the
24
extent
of
the
employee’s
permanent
disability.
If
an
employee
25
is
required
to
leave
work
for
which
the
employee
is
being
paid
26
wages
to
attend
an
examination
under
this
subsection,
the
27
employee
shall
be
compensated
at
the
employee’s
regular
rate
28
for
the
time
the
employee
is
required
to
leave
work,
and
the
29
employee
shall
be
furnished
transportation
to
and
from
the
30
place
of
examination,
or
the
employer
may
elect
to
pay
the
31
employee
the
reasonable
cost
of
transportation.
The
physician
32
chosen
by
the
employer
to
conduct
the
examination
has
the
right
33
to
confer
with
and
obtain
from
any
physician
who
has
treated
34
the
injured
employee
sufficient
history
of
the
injury
to
make
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a
proper
examination.
The
refusal
by
the
employee
to
submit
1
to
the
examination
shall
forfeit
the
employee’s
right
to
any
2
compensation
for
the
period
of
the
refusal.
Compensation
shall
3
not
be
payable
for
the
period
of
refusal.
4
Sec.
3.
EFFECTIVE
DATE.
This
Act
takes
effect
January
1,
5
2026.
6
Sec.
4.
APPLICABILITY.
This
Act
applies
to
injuries
7
occurring
on
or
after
January
1,
2026.
8
EXPLANATION
9
The
inclusion
of
this
explanation
does
not
constitute
agreement
with
10
the
explanation’s
substance
by
the
members
of
the
general
assembly.
11
This
bill
relates
to
the
choice
of
a
physician
to
treat
an
12
injured
employee
under
the
state’s
workers’
compensation
laws.
13
The
bill
allows
the
employer
to
choose
care
unless
the
employee
14
has
predesignated
a
physician
as
provided
in
the
bill.
15
The
bill
gives
an
employee
the
right
to
predesignate
a
16
physician
who
is
a
primary
care
provider,
who
has
previously
17
provided
treatment
to
the
employee
and
has
retained
the
18
employee’s
medical
records,
to
provide
treatment
for
a
19
work-related
injury.
The
employer
is
required
to
provide
20
written
notice
to
employees
of
this
right
upon
hire,
and
21
periodically
during
employment,
and
upon
receiving
notice
22
of
an
injury
from
an
employee
who
has
not
yet
predesignated
23
a
physician
of
the
employee’s
right
to
do
so,
in
a
manner
24
prescribed
by
the
workers’
compensation
commissioner.
An
25
employer
or
an
employer’s
insurer
shall
not
coerce
or
otherwise
26
attempt
to
influence
an
injured
employee’s
choice
of
a
27
physician.
28
If
the
employer
fails
to
provide
such
notification,
an
29
injured
employee
has
the
right
to
choose
any
physician
to
30
provide
treatment
for
the
work-related
injury
and
that
31
treatment
shall
be
considered
authorized
care.
32
If
the
employer
or
employee
is
dissatisfied
with
the
33
care
chosen
by
the
other
party,
the
dissatisfied
party
34
should
communicate
the
basis
of
dissatisfaction
to
the
other
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party,
in
writing
if
requested,
and
the
parties
may
agree
to
1
alternate
care
reasonably
suited
to
treat
the
injury.
If
the
2
parties
cannot
agree
to
such
alternate
care,
the
dissatisfied
3
party
may
make
an
application
for
alternate
care
to
the
4
commissioner.
The
bill
provides
procedures
for
proceedings
on
5
such
applications.
6
The
bill
provides
that
if
the
employee
has
chosen
care,
when
7
it
is
medically
indicated
that
no
significant
improvement
from
8
an
injury
is
anticipated,
the
employee
may
obtain
a
medical
9
opinion
regarding
the
extent
of
the
employee’s
permanent
10
disability.
If
the
employer
believes
that
the
evaluation
of
11
permanent
disability
obtained
by
the
employee
is
too
high,
the
12
employer
has
the
right
to
obtain
another
medical
opinion
from
a
13
physician
of
the
employer’s
choosing.
14
The
bill
takes
effect
and
applies
to
injuries
occurring
on
or
15
after
January
1,
2026.
16
-7-
LSB
2809XS
(5)
91
je/js
7/
7