CHAPTER 94
SB 219-FN – FINAL VERSION
2005 SESSION
01/04
SENATE BILL 219-FN
COMMITTEE: Banks and Insurance
This bill requires employees receiving medical benefits to submit to an examination if requested to do so by the employer or the commissioner of labor. Current law only requires such examinations if an employee is receiving weekly payments.
This bill also declares that if medical bills are in dispute, the employee must submit to an examination if requested to do so or the employee’s right to a hearing shall be suspended until such examination has taken place.
This bill is a request of the department of labor.
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Explanation: Matter added to current law appears in bold italics.
Matter removed from current law appears [in brackets and struckthrough.]
Matter which is either (a) all new or (b) repealed and reenacted appears in regular type.
05-1061
01/04
STATE OF NEW HAMPSHIRE
In the Year of Our Lord Two Thousand Five
AN ACT relative to examinations under workers’ compensation.
Be it Enacted by the Senate and House of Representatives in General Court convened:
94:1 Workers’ Compensation; Medical Examinations. Amend RSA 281-A:38, I to read as follows:
I. Any employee entitled to receive weekly payments or medical benefits under this chapter shall, if requested by the employer or ordered by the commissioner, submit himself or herself for examination by a duly qualified health care provider, in accordance with professional standards as established by the commissioner, and paid by the employer at a time and place reasonably convenient for the employee. The employee shall have the right to have a health care provider designated and paid by himself or herself present at such examination. This right, however, shall not be construed to deny to the employer’s health care provider the right to visit the injured employee at all reasonable times and under all reasonable conditions, so long as the employee claims compensation under this chapter.
94:2 Workers’ Compensation; Refusal to Submit to Examination. Amend RSA 281-A:39 to read as follows:
281-A:39 Refusal to Submit to Examination. If the employee refuses to submit to an examination as provided in RSA 281-A:38 or obstructs that examination, the employee’s right to weekly payments shall be suspended until such examination has taken place; and no compensation shall be payable during or for such period. If medical bills are in dispute and the employee refuses to submit to an examination as provided in RSA 281-A:38 or obstructs that examination, the employee’s right to a hearing shall be suspended until such examination has taken place.
94:3 Effective Date. This act shall take effect 60 days after its passage.
(Approved: June 7, 2005)
(Effective Date: August 6, 2005)