SF 4415

as introduced - 93rd Legislature (2023 - 2024) Posted on 03/01/2024 09:42am

A bill for an act
relating to integrity; fairness; regulating certain medical examinations; amending
Minnesota Statutes 2022, sections 65B.56, subdivision 1; 176.136, subdivision
1c; 176.155, by adding a subdivision; Minnesota Statutes 2023 Supplement, section
176.155, subdivision 1.

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

Section 1.

Minnesota Statutes 2022, 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.

new text begin (a) new text end 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 the obligor is responsible related to the injury for which the
examination is sought.
new text end

new text begin (b) 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.

new text begin (c) new text end 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.

new text begin (d) new text end 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 (e) 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 (f) A physician performing an adverse examination under this section must be licensed
to practice medicine in Minnesota.
new text end

new text begin (g) new text end The provisions of this section apply before and after the commencement of suit.

Sec. 2.

Minnesota Statutes 2022, 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 2023 Supplement, section 176.155, subdivision 1, is amended
to read:

Subdivision 1.

Employer's physician.

(a) 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 the employer is responsible. new text end Examinations
shall not be conducted in hotel or motel facilities. 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 or witness
present at any such examination. Each party shall defray the cost of that party's physician.

(b) 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 or whether litigation is pending, must be served upon
the employee and the attorney representing the employee, if any, no later than 14 calendar
days within the issuance of the report or written statement.

(c) 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.

(d) 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. Any request for a good cause extension pursuant
to paragraph (e) must be made within 120 days of service of the claim petition, except that
a request may be made after 120 days of service of a claim petition in the following
circumstances:

(1) a change to the employee's claim regarding the nature and extent of the injury;

(2) a change to the permanency benefits claimed by the employee, including a change
in permanent partial disability percentage;

(3) a new claim for indemnity benefits; or

(4) the employment relationship is not admitted by the uninsured employer.

(e) 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 2022, 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) 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 (b) A physician performing adverse examinations under this section and section 65B.56
must be licensed to practice medicine in Minnesota.
new text end