176.135 TREATMENT; APPLIANCES; SUPPLIES.
Subdivision 1. Medical, psychological, chiropractic, podiatric, surgical, hospital.
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
(e) Both the commissioner and the compensation judges have authority to make
determinations under this section in accordance with sections
(f) 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
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
, an employer
may contract for the cost of medication provided to employees.
Subd. 1a. Nonemergency surgery; second surgical opinion.
The employer is required to
furnish surgical treatment pursuant to subdivision 1 when the surgery is reasonably required to
cure and relieve the effects of the personal injury or occupational disease. An employee may not
be compelled to undergo surgery. If an employee desires a second opinion on the necessity of
the surgery, the employer shall pay the costs of obtaining the second opinion. Except in cases of
emergency surgery, the employer or insurer may require the employee to obtain a second opinion
on the necessity of the surgery, at the expense of the employer, before the employee undergoes
surgery. Failure to obtain a second surgical opinion shall not be reason for nonpayment of the
charges for the surgery. The employer is required to pay the reasonable value of the surgery unless
the commissioner or compensation judge determines that the surgery is not reasonably required.
Subd. 2. Change of physicians, podiatrists, or chiropractors.
The commissioner shall
adopt rules establishing standards and criteria to be used when a dispute arises over a change of
physicians, podiatrists, or chiropractors in the case that either the employee or the employer desire
a change. If a change is agreed upon or ordered, the medical expenses shall be borne by the
employer upon the same terms and conditions as provided in subdivision 1.
Subd. 2a. Definitions.
For the purposes of this section, the word "physicians" shall include
persons holding the degree M. D. (Doctor of Medicine) and persons holding the degree D. O.
(Doctor of Osteopathy); and the terms "medical, surgical and hospital treatment" shall include
professional services rendered by licensed persons who have earned the degree M. D. or the
degree D. O.
Subd. 3.[Repealed, 1992 c 510 art 4 s 26
Subd. 4. Christian Science treatment.
Any employee electing to receive Christian Science
treatment as provided in subdivision 1 shall notify the employer in writing of the election within
30 days after July 1, 1953, and any person hereafter accepting employment shall give such notice
at the time of accepting employment. Any employer may elect not to be subject to the provisions
for Christian Science treatment provided for in this section by filing a written notice of such
election with the commissioner of the Department of Labor and Industry, in which event the
election of the employee shall have no force or effect whatsoever.
Subd. 5. Occupational disease medical eligibility.
employee who has contracted an occupational disease is eligible to receive compensation under
this section even if the employee is not disabled from earning full wages at the work at which
the employee was last employed.
Payment of compensation under this section shall be made by the employer and insurer on
the date of the employee's last exposure to the hazard of the occupational disease. Reimbursement
for medical benefits paid under this subdivision or subdivision 1a is allowed from the employer
and insurer liable under section
176.66, subdivision 10
, only in the case of disablement.
Subd. 6. Commencement of payment.
As soon as reasonably possible, and no later than 30
calendar days after receiving the bill, the employer or insurer shall pay the charge or any portion
of the charge which is not denied, or deny all or a part of the charge with written notification to
the employee and the provider explaining the basis for denial. All or part of a charge must be
denied if any of the following conditions exists:
(1) the injury or condition is not compensable under this chapter;
(2) the charge or service is excessive under this section or section
(3) the charges are not submitted on the prescribed billing form; or
(4) additional medical records or reports are required under subdivision 7 to substantiate
the nature of the charge and its relationship to the work injury.
If payment is denied under clause (3) or (4), the employer or insurer shall reconsider the
charges in accordance with this subdivision within 30 calendar days after receiving additional
medical data, a prescribed billing form, or documentation of enrollment or certification as a
Subd. 7. Medical bills and records.
Health care providers shall submit to the insurer an
itemized statement of charges on a billing form prescribed by the commissioner. A paper billing
form is not required if the health care provider and insurer agree to electronic submission under
. Health care providers shall also submit copies of medical records or reports that
substantiate the nature of the charge and its relationship to the work injury. Health care providers
may charge for copies of any records or reports that are in existence and directly relate to the
items for which payment is sought under this chapter. The commissioner shall adopt a schedule of
reasonable charges by rule.
A health care provider shall not collect, attempt to collect, refer a bill for collection, or
commence an action for collection against the employee, employer, or any other party until the
information required by this section has been furnished.
A United States government facility rendering health care services to veterans is not subject
to the uniform billing form requirements of this subdivision.
History: 1953 c 439 s 1; 1953 c 755 s 13; 1971 c 863 s 1,2; 1973 c 258 s 1; 1973 c 388
s 35-38; 1975 c 271 s 6; 1975 c 359 s 23; 1976 c 134 s 78; 1979 c 107 s 1,2; Ex1979 c 3 s
44; 1983 c 290 s 106,107; 1984 c 432 art 2 s 23,24; 1986 c 444; 1986 c 461 s 20,21; 1987 c
332 s 33-38; 1989 c 335 art 1 s 180; 1990 c 522 s 3; 1992 c 510 art 4 s 9-12; 1995 c 231 art
2 s 61; 2005 c 90 s 10,11