HF 2693

as introduced - 81st Legislature (1999 - 2000) Posted on 12/15/2009 12:00am

  1.1                          A bill for an act 
  1.2             relating to insurance; requiring that an independent 
  1.3             medical examination of an automobile accident victim 
  1.4             be conducted by a chiropractor if the victim is being 
  1.5             treated by a chiropractor; amending Minnesota Statutes 
  1.6             1998, section 65B.56, subdivision 1. 
  1.7   BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MINNESOTA: 
  1.8      Section 1.  Minnesota Statutes 1998, section 65B.56, 
  1.9   subdivision 1, is amended to read: 
  1.10     Subdivision 1.  [MEDICAL EXAMINATIONS AND DISCOVERY OF 
  1.11  CONDITION OF CLAIMANT.] (a) Any person with respect to whose 
  1.12  injury benefits are claimed under a plan of reparation security 
  1.13  shall, upon request of the reparation obligor from whom recovery 
  1.14  is sought, submit to a physical examination by a physician or 
  1.15  physicians selected by the obligor as may reasonably be required.
  1.16     The costs of any examinations requested by the obligor 
  1.17  shall be borne entirely by the requesting obligor.  Such 
  1.18  examinations shall be conducted within the city, town, or 
  1.19  statutory city of residence of the injured person.  If there is 
  1.20  no qualified physician to conduct the examination within the 
  1.21  city, town, or statutory city of residence of the injured 
  1.22  person, then such examination shall be conducted at another 
  1.23  place of the closest proximity to the injured person's 
  1.24  residence.  Obligors are authorized to include reasonable 
  1.25  provisions in policies for mental and physical examination of 
  1.26  those injured persons. 
  2.1      If requested by the person examined, a party causing an 
  2.2   examination to be made shall deliver to the examinee a copy of 
  2.3   every written report concerning the examination rendered by an 
  2.4   examining physician to that person, at least one of which 
  2.5   reports must set out in detail the findings and conclusions of 
  2.6   such examining physician. 
  2.7      An injured person shall also do all things reasonably 
  2.8   necessary to enable the obligor to obtain medical reports and 
  2.9   other needed information to assist in determining the nature and 
  2.10  extent of the injured person's injuries and loss, and the 
  2.11  medical treatment received.  If the claimant refuses to 
  2.12  cooperate in responding to requests for examination and 
  2.13  information as authorized by this section, evidence of such 
  2.14  noncooperation shall be admissible in any suit or arbitration 
  2.15  filed for damages for such personal injuries or for the benefits 
  2.16  provided by sections 65B.41 to 65B.71. 
  2.17     The provisions of this section apply before and after the 
  2.18  commencement of suit. 
  2.19     (b) Notwithstanding paragraph (a), if the injured person is 
  2.20  being treated primarily by a chiropractor, the examination 
  2.21  described in paragraph (a) must be conducted by a chiropractor 
  2.22  or chiropractors instead of by a physician or physicians.  All 
  2.23  other provisions of paragraph (a) apply to examinations under 
  2.24  this paragraph, except for the substitution of "chiropractor" 
  2.25  for "physician," whenever the term "physician" is used.  A 
  2.26  chiropractor conducting an examination under this paragraph must 
  2.27  comply with section 148.09. 
  2.28     Sec. 2.  [EFFECTIVE DATE.] 
  2.29     Section 1 is effective August 1, 2000, and applies to 
  2.30  examinations requested on or after that date.