HF 3986

as introduced - 84th Legislature (2005 - 2006) Posted on 12/15/2009 12:00am

A bill for an act
relating to workers' compensation; specifying that employers may require an
employee to receive treatment and supplies under a certified managed care
plan only if the employee's injury occurs on or after the date that the employer
implemented the use of a managed care plan; amending Minnesota Statutes 2005
Supplement, section 176.135, subdivision 1.

BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MINNESOTA:

Section 1.

Minnesota Statutes 2005 Supplement, section 176.135, subdivision 1,
is amended to read:

Subdivision 1.

Medical, psychological, chiropractic, podiatric, surgical, hospital.

(a) The employer shall furnish any medical, psychological, chiropractic, podiatric, surgical
and hospital treatment, including nursing, medicines, medical, chiropractic, podiatric, and
surgical supplies, crutches and apparatus, including artificial members, or, at the option
of the employee, if the employer has not filed notice as hereinafter provided, Christian
Science treatment in lieu of medical treatment, chiropractic medicine and medical
supplies, as may reasonably be required at the time of the injury and any time thereafter
to cure and relieve from the effects of the injury. This treatment shall include treatments
necessary to physical rehabilitation.

(b) The employer shall pay for the reasonable value of nursing services provided by
a member of the employee's family in cases of permanent total disability.

(c) Exposure to rabies is an injury and an employer shall furnish preventative
treatment to employees exposed to rabies.

(d) The employer shall furnish replacement or repair for artificial members, glasses
or spectacles, artificial eyes, podiatric orthotics, dental bridge work, dentures or artificial
teeth, hearing aids, canes, crutches, or wheel chairs damaged by reason of an injury arising
out of and in the course of the employment. For the purpose of this paragraph, "injury"
includes damage wholly or in part to an artificial member. In case of the employer's
inability or refusal seasonably to provide the items required to be provided under this
paragraph, the employer is liable for the reasonable expense incurred by or on behalf of
the employee in providing the same, including costs of copies of any medical records or
medical reports that are in existence, obtained from health care providers, and that directly
relate to the items for which payment is sought under this chapter, limited to the charges
allowed by subdivision 7, and attorney fees incurred by the employee.

(e) Both the commissioner and the compensation judges have authority to make
determinations under this section in accordance with sections 176.106 and 176.305.

(f) new text begin For all injuries occurring on or after the date that an employer implements the
use of a managed care plan certified under section 176.1351, new text end an employer may require
that the treatment and supplies required to be provided by an employer by this section be
received in whole or in part from a managed care plan certified under section 176.1351
except as otherwise provided by that section.

(g) An employer may designate a pharmacy or network of pharmacies that
employees must use to obtain outpatient prescription and nonprescription medications. An
employee is not required to obtain outpatient medications at a designated pharmacy unless
the pharmacy is located within 15 miles of the employee's place of residence.

(h) Notwithstanding any fees established by rule adopted under section 176.136, an
employer may contract for the cost of medication provided to employees.