Revision: March 12, 2010, midnight
HB 1371 – AS AMENDED BY THE HOUSE
11Mar2010… 0942h
2010 SESSION
01/04
HOUSE BILL 1371
AN ACT allowing recording of an examination by health care providers performing independent medical examinations.
COMMITTEE: Labor, Industrial and Rehabilitative Services
This bill allows an injured employee to record and/or have a witness present during the independent medical examinations required under workers’ compensation.
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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Matter which is either (a) all new or (b) repealed and reenacted appears in regular type.
11Mar2010… 0942h
10-2435
01/04
STATE OF NEW HAMPSHIRE
In the Year of Our Lord Two Thousand Ten
AN ACT allowing recording of an examination by health care providers performing independent medical examinations.
Be it Enacted by the Senate and House of Representatives in General Court convened:
1 Workers’ Compensation; Independent Medical Examinations. Amend RSA 281-A:38, II to read as follows:
II. Any health care provider conducting independent medical examinations under this chapter shall be certified by the appropriate specialty board as recognized by the American Board of Medical Specialties or obtain the approval of the commissioner for those specialties not recognized by such board. The health care provider shall maintain a current practice in that area of specialty. The independent medical examination shall take place within a 50-mile radius of the residence of the injured employee, unless, within the discretion of the commissioner, examination outside the 50-mile radius is necessary to obtain the services of a provider who specializes in the evaluation and treatment specific to the nature and extent of the employee’s injury. The injured employee shall not be required to submit to more than 2 independent medical examinations per year, unless within the discretion of the commissioner, more than 2 examinations are necessary. An injured employee shall have the right to record the examination and/or have a witness present during such examination. In the event that a witness is present, including but not limited to a witness recording, taking notes, or observing, on behalf of the injured employee, the witness shall not interfere in the examination in any way. The injured employee shall be required to sign an authorization, as prepared by the commissioner, to the effect that he or she understands that his or her medical history and condition or conditions will be discussed during said examination and that he or she waives any right to privacy that he or she may have under the circumstances of voluntarily allowing a witness to be present on his or her behalf.
2 Effective Date. This act shall take effect January 1, 2011.