HB271 (2009) Detail

Relative to relevant information in a workers' compensation claim.


HB 271 – AS INTRODUCED

2009 SESSION

09-0546

01/04

HOUSE BILL 271

AN ACT relative to relevant information in a workers’ compensation claim.

SPONSORS: Rep. Reardon, Merr 11

COMMITTEE: Labor, Industrial and Rehabilitative Services

ANALYSIS

This bill establishes procedures for insurance carriers requesting medical information relating to a workers’ compensation claim.

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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Matter which is either (a) all new or (b) repealed and reenacted appears in regular type.

09-0546

01/04

STATE OF NEW HAMPSHIRE

In the Year of Our Lord Two Thousand Nine

AN ACT relative to relevant information in a workers’ compensation claim.

Be it Enacted by the Senate and House of Representatives in General Court convened:

1 Workers’ Compensation; Medical Information. Amend RSA 281-A:23, V(a) to read as follows:

V.(a)(1) The act of the worker in applying for workers’ compensation benefits constitutes authorization to any physician, hospital, chiropractor, or other medical vendor to supply all relevant information regarding the worker’s occupational injury or illness to the insurer, the insurer’s representative, the worker’s employer, the worker’s representative, the worker’s employer’s representative, and the department. Medical information relevant to a claim includes a past history of complaints of, or treatment of, a condition similar to that presented in the claim. Workers’ compensation carriers requesting medical information under this subparagraph shall:

(A) Include the following notice in their request for medical records in bold print in a font size at least 2 points larger than that used in the request:

“This request is strictly limited to medical information relevant to the occupational injury or illness that underlies the patient’s workers’ compensation claim, including any past history of complaints of, or treatment of, a condition similar to that presented in the claim. It is a breach of physician/patient confidentiality to provide workers’ compensation carriers, or their agents, with medical information unrelated to the workers’ compensation claim.”

(B) Immediately return any medical information about a claimant that is irrelevant to the claim and refrain from storing it or disseminating it, even to their own agents, employees, consultants, and contractors.

(C) Include only that medical information required to support the conclusion when a carrier’s medical consultant issues a report setting forth the conclusion as to why the injury or illness did or did not arise out of or in the course of employment.

(D) Provide its medical report to the claimant before forwarding it to the claimant’s employer or to anyone else, and provide a means by which the claimant may appeal the inclusion of irrelevant medical information before the report is finalized and distributed.

(E) Delete all irrelevant medical information about claimants from their files and from the files of their agents, employees, consultants, and contractors and notify claimants when such information has been deleted.

(2) Any person who supplies information in accordance with this [subparagraph] paragraph and with rules adopted by the commissioner shall be immune from any liability, civil or criminal, that might otherwise be incurred for such action. The physician may require evidence from the workers’ representative in his or her representative capacity. This authorization shall be valid for the duration of the work-related injury or illness.

(3) The commissioner shall assess a civil penalty of up to $2,500 on any insurance carrier, self-insurer, payor acting on behalf of such insurance carrier, or self-insurer who violates the provisions of subparagraphs (a)(1)-(3).

2 Effective Date. This act shall take effect January 1, 2010.