Relating To Workers' Compensation.

From the Legislature

Repeals the authorization of a physician to transmit a treatment plan by mail or facsimile to an address or facsimile number provided by the employer. Requires employers denying a treatment plan to file a written denial with the Director of Labor and Industrial Relations within seven days of receipt. Places the burden of proof on the employer to establish by a preponderance of medical evidence that the denial of the treatment plan is justified. Establishes a presumption that a denial of a treatment plan not supported by a medical opinion or relevant medical records existing at the time of denial shall be without reasonable grounds. Clarifies that a treatment plan is deemed accepted if an employer fails to file a written denial within the seven-day period. Requires employers to pay the appropriate health care provider for any medical care set forth in a treatment plan that is accepted or deemed accepted. Establishes penalties for employers whom the Director found to have denied a treatment plan without reasonable grounds, frivolously, or primarily for purposes of delay, or to have failed to pay for an injured employee's medical care under an accepted treatment plan. Effective 1/1/2077. (SD1)