Minnesota Legislature
HF 803
as introduced - 86th Legislature (2009 - 2010) Posted on 02/09/2010 01:42am
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A bill for an act
relating to integrity and fairness in medical examinations; regulating certain
medical examinations; amending Minnesota Statutes 2008, sections 65B.56,
subdivision 1; 176.136, subdivision 1c; 176.155, subdivision 1, by adding a
subdivision.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MINNESOTA:
Section 1.
Minnesota Statutes 2008, section 65B.56, subdivision 1, is amended to read:
Subdivision 1.
new text begin Adverse new text end medical examinationsnew text begin ; integrity;new text end and discovery of
condition of claimant.
Any person with respect to whose injury benefits are claimed
under a plan of reparation security shall, upon request of the reparation obligor from
whom recovery is sought, submit to deleted text begin a physicaldeleted text end new text begin an adverse medical new text end examination by a
physician or physicians selected by the obligor as may reasonably be required.new text begin The
obligation to submit to an examination applies only to requests from a reparation obligor
that has timely paid all medical bills for which it is responsible related to the injury for
which the examination is sought.
new text end
The costs of any examinations requested by the obligor shall be borne entirely by
the requesting obligor. Such examinations shall be conducted within the city, town, or
statutory city of residence of the injured person. If there is no qualified physician to
conduct the examination within the city, town, or statutory city of residence of the injured
person, then such examination shall be conducted at another place of the closest proximity
to the injured person's residence. Obligors are authorized to include reasonable provisions
in policies for mental and physical examination of those injured persons.
If requested by the person examined, a party causing an examination to be made
shall deliver to the examinee a copy of every written report concerning the examination
rendered by an examining physician to that person, at least one of which reports must set
out in detail the findings and conclusions of such examining physician.
An injured person shall also do all things reasonably necessary to enable the obligor
to obtain medical reports and other needed information to assist in determining the
nature and extent of the injured person's injuries and loss, and the medical treatment
received. If the claimant refuses to cooperate in responding to requests for examination
and information as authorized by this section, evidence of such noncooperation shall be
admissible in any suit or arbitration filed for damages for such personal injuries or for the
benefits provided by sections 65B.41 to 65B.71.
new text begin
A physician may not perform more than a total of 24 adverse examinations under
this subdivision and section 176.155, subdivision 1, in any calendar year whether done for
one or more reparation obligors or employers.
new text end
new text begin
A physician may perform a chart or other paper review, but benefits or claims may
not be denied on evidence based on such an examination. Testimony or other evidence
by a physician on behalf of the reparation obligor concerning the medical condition of
the injured person may be considered as a basis for denying a claim or benefit if the
physician has physically examined the person.
new text end
new text begin
A physician performing an adverse examination under this section must be licensed
to practice medicine in Minnesota.
new text end
The provisions of this section apply before and after the commencement of suit.
Sec. 2.
Minnesota Statutes 2008, section 176.136, subdivision 1c, is amended to read:
Subd. 1c.
Charges for deleted text begin independentdeleted text end new text begin adversenew text end medical examinations.
The
commissioner shall adopt rules that reasonably limit amounts which may be charged for,
or in connection with, deleted text begin independent ordeleted text end adverse medical examinations requested by any
party, including the amount that may be charged for depositions, witness fees, or other
expenses. No party may pay fees above the amount in the schedule.
Sec. 3.
Minnesota Statutes 2008, section 176.155, subdivision 1, is amended to read:
Subdivision 1.
Employer's physician.
The injured employee must submit to new text begin an
adverse new text end examination by the employer's physician, if requested by the employer, and at
reasonable times thereafter upon the employer's request. new text begin The obligation to submit to an
examination applies only to requests from an employer that has timely paid all claims for
medical benefits related to the injury for which it is responsible. new text end The new text begin adverse new text end examination
must be scheduled at a location within 150 miles of the employee's residence unless
the employer can show cause to the department to order an examination at a location
further from the employee's residence. The employee is entitled upon request to have a
personal physician present at any such examination. Each party shall defray the cost of
that party's physician. Any report or written statement made by the employer's physician
as a result of an examination of the employee, regardless of whether the examination
preceded the injury or was made subsequent to the injury, shall be made available, upon
request and without charge, to the injured employee or representative of the employee.
The employer shall pay reasonable travel expenses incurred by the employee in attending
the examination including mileage, parking, and, if necessary, lodging and meals. The
employer shall also pay the employee for any lost wages resulting from attendance at the
examination. A self-insured employer or insurer who is served with a claim petition
pursuant to section 176.271, subdivision 1, or 176.291, shall schedule any necessary
examinations of the employee, if an examination by the employer's physician or health
care provider is necessary to evaluate benefits claimed. The examination shall be
completed and the report of the examination shall be served on the employee and filed
with the commissioner within 120 days of service of the claim petition.
No evidence relating to the examination or report shall be received or considered
by the commissioner, a compensation judge, or the court of appeals in determining any
issues unless the report has been served and filed as required by this section, unless a
written extension has been granted by the commissioner or compensation judge. The
commissioner or a compensation judge shall extend the time for completing the adverse
examination and filing the report upon good cause shown. The extension must not be for
the purpose of delay and the insurer must make a good faith effort to comply with this
subdivision. Good cause shall include but is not limited to:
(1) that the extension is necessary because of the limited number of physicians or
health care providers available with expertise in the particular injury or disease, or that the
extension is necessary due to the complexity of the medical issues, or
(2) that the extension is necessary to gather additional information which was not
included on the petition as required by section 176.291.
Sec. 4.
Minnesota Statutes 2008, section 176.155, is amended by adding a subdivision
to read:
new text begin Subd. 1a. new text end
new text begin Restrictions on adverse examinations. new text end
new text begin
A physician may not perform
more than a total of 24 adverse examinations under subdivision 1 or section 65B.56,
subdivision 1, in any calendar year whether done for one or more employers or reparation
obligors.
new text end
new text begin
A physician may perform a chart or other paper review but benefits or claims may
not be denied on evidence based on such examination. Testimony or other evidence by
a physician on behalf of the employer concerning the medical condition of the injured
person may be considered as a basis for denying a claim or benefit if the physician has
physically examined the person.
new text end
new text begin
A physician performing adverse examinations under this section and section 65B.56
must be licensed to practice medicine in Minnesota.
new text end