Revision: Jan. 28, 2013, midnight
HB 546 – AS INTRODUCED
2013 SESSION
01/09
HOUSE BILL 546
AN ACT relative to medical examinations under workers’ compensation.
SPONSORS: Rep. Goley, Hills 8; Rep. Wall, Straf 6; Rep. Copeland, Rock 19; Rep. H. Richardson, Coos 4; Sen. Lasky, Dist 13; Sen. Soucy, Dist 18
COMMITTEE: Labor, Industrial and Rehabilitative Services
This bill clarifies the conduct of independent medical examinations 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Matter which is either (a) all new or (b) repealed and reenacted appears in regular type.
13-0610
01/09
STATE OF NEW HAMPSHIRE
In the Year of Our Lord Two Thousand Thirteen
AN ACT relative to medical examinations under workers’ compensation.
Be it Enacted by the Senate and House of Representatives in General Court convened:
1 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 and chosen at random from a list maintained by the commissioner. The health care provider shall maintain a current practice in that area of specialty and submit a statement stating his or her willingness to provide medical examinations in compliance with this chapter. 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, or the agreement or request of the injured employee, 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 have a witness present during such examination. In the event that a witness is present, including but not limited to a witness 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. The commissioner’s authorization for a waiver shall be the only waiver required or presented as a condition for a witness to be present on behalf of the injured employee.
III. Nothing in this chapter shall prohibit the employer’s insurer or if the employer is self-insured, the employer, from conducting a medical examination for use in its opposition of payment for injury suffered by the employee. In such instance the health care provider shall inform the injured employee that he or she is not conducting the examination for the benefit of the injured employee, but for the benefit of the insured other than the injured worker. The injured employee shall be given a form designed by the commissioner indicating the examination is not for the injured employee and such employee understands this. The injured employee shall have the right to have a witness present, including but not limited to a witness taking notes or observing, on behalf of the injured employee. The witness shall not interfere in the examination in any way. The injured worker shall have a right to end any examination that does not meet medical protocol for examination for the type of injury without penalty.
2 Effective Date. This act shall take effect January 1, 2014.