SB 352-FN - AS INTRODUCED
2018 SESSION
18-2905
01/06
SENATE BILL 352-FN
AN ACT relative to examinations of injured employees under workers' compensation law.
SPONSORS: Sen. Soucy, Dist 18; Rep. Richardson, Coos 4; Rep. McBeath, Rock. 26
COMMITTEE: Commerce
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ANALYSIS
This bill allows an injured employee covered under workers' compensation who is dissatisfied with a determination by the employer or the employer's insurance carrier to obtain an independent examination. Current law limits this option to injured employees covered by a managed care organization.
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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Matter which is either (a) all new or (b) repealed and reenacted appears in regular type.
18-2905
01/06
STATE OF NEW HAMPSHIRE
In the Year of Our Lord Two Thousand Eighteen
AN ACT relative to examinations of injured employees under workers' compensation law.
Be it Enacted by the Senate and House of Representatives in General Court convened:
1 Workers' Compensation; Examination of Injured Employees. Amend RSA 281-A:38-a to read as follows:
281-A:38-a Examination of Injured Employees Covered by Managed Care Programs. If an injured employee [who is covered by a managed care program established in accordance with RSA 281-A:23-a] is dissatisfied with a determination made by [such program] the employer or the employer's insurance carrier relating to compensability, degree of disability or degree of impairment arising from an injury, the injured employee may apply to the commissioner for authorization to obtain an independent examination and report thereof by a duly qualified health care provider, in accordance with RSA 281-A:38, of the injured employee's choice. The commissioner shall grant one such authorization as a matter of course. Authorization for additional independent examination regarding the same injury may be granted only if the commissioner finds that exceptional circumstances exist which cast reasonable doubt on the accuracy of the report of the first independent examination. The health care provider conducting an independent examination authorized by the commissioner under this section shall be entitled to a reasonable fee therefor, which shall be paid by the employer or the employer's insurance carrier. Nothing in this section shall be construed to prevent an injured employee from obtaining an examination by a health care provider of the injured employee's choice, at the employee's expense.
2 Effective Date. This act shall take effect January 1, 2019.
18-2905
11/30/17
SB 352-FN- FISCAL NOTE
AS INTRODUCED
AN ACT relative to examinations of injured employees under workers' compensation law.
FISCAL IMPACT: [ ] State [ X ] County [ X ] Local [ ] None
COUNTY: |
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Revenue | $0 | $0 | $0 | $0 |
Expenditures | Indeterminable Increase | Indeterminable Increase | Indeterminable Increase | Indeterminable Increase |
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LOCAL: |
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Revenue | $0 | $0 | $0 | $0 |
Expenditures | Indeterminable Increase | Indeterminable Increase | Indeterminable Increase | Indeterminable Increase |
METHODOLOGY:
This bill allows an injured employee covered under workers' compensation who is dissatisfied with a determination by the employer or the employer's insurance carrier to obtain an independent examination. Current law limits this option to injured employees covered by a managed care organization.
The Department of Labor assumes this bill would increase county and local expenditures by an indeterminable amount related to the cost of independent examinations for public employees. The Department indicates the additional cost is indeterminable because it is difficult to project the number of additional examinations that would be paid for by employers or employers' insurance.
The New Hampshire Municipal Association states this bill is likely to result in increased expenditures for municipal employers, either to pay directly for the cost of independent examinations or through increases in workers’ compensation premiums.
The New Hampshire Association of Counties assumes this bill would increase county expenditures directly based on some number of independent examinations requested by injured employees, or indirectly in the form of increased premiums. The Association indicates the increase in cost is indeterminable because the potential number of independent examinations cannot be predicted.
The Department of Administrative Services indicates all state employees are currently covered by managed care for workers’ compensation. The right to an independent examination and report under RSA 281:A38-a already exists for state employees, therefore, this bill would have no fiscal impact on state revenue or expenditures.
AGENCIES CONTACTED:
Departments of Labor and Administrative Services, New Hampshire Association of Counties and New Hampshire Municipal Association
| Date | Body | Type |
|---|---|---|
| Jan. 16, 2018 | Senate | Hearing |
| Feb. 15, 2018 | Senate | Floor Vote |
Feb. 15, 2018: Refer to Interim Study, RC 22Y-2N, MA; 02/15/2018; SJ 4
Feb. 15, 2018: Sen. Sanborn Moved Interim Study; 02/15/2018; SJ 4
Feb. 15, 2018: Sen. Sanborn Withdraws Inexpedient to Legislate; 02/15/2018; SJ 4
Feb. 15, 2018: Sen. Sanborn Moved Inexpedient to Legislate; 02/15/2018; SJ 4
Feb. 15, 2018: Ought to Pass: RC 10Y-14N, MF; 02/15/2018; SJ 4
Feb. 15, 2018: Committee Report: Ought to Pass, 02/15/2018; SC 7
Jan. 16, 2018: Hearing: 01/16/2018, Room 100, SH, 01:45 pm; SC 2
Jan. 3, 2018: To Be Introduced 01/03/2018 and Referred to Commerce; SJ 1