SF 564

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

A bill for an act
relating to integrity and fairness in medical
examinations; regulating certain medical examinations;
amending Minnesota Statutes 2004, 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 2004, section 65B.56,
subdivision 1, is amended to read:

Subdivision 1.

new text begin adverse new text end medical examinations new 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 physical deleted 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

The provisions of this section apply before and after the
commencement of suit.

Sec. 2.

Minnesota Statutes 2004, section 176.136,
subdivision 1c, is amended to read:

Subd. 1c.

Charges for deleted text begin independent deleted text end new text begin adverse new 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 or deleted 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 2004, 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 2004, 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
an 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