Senate Bill sb1984

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    Florida Senate - 2001                                  SB 1984

    By Senator Villalobos





    37-1316-01

  1                      A bill to be entitled

  2         An act relating to workers' compensation;

  3         amending s. 440.13, F.S.; deleting the

  4         provision that medically necessary treatment

  5         does not include chiropractic services;

  6         specifying date for the Division of Workers'

  7         Compensation of the Department of Labor and

  8         Employment Security to adopt rules regarding

  9         criteria for approval of courses; providing

10         that injured workers must receive reports that

11         their attorneys and the carrier's attorneys

12         receive at the time they receive the reports;

13         deleting employee's responsibility for

14         copayment for medical services; amending s.

15         440.15, F.S.; extending time for payment of

16         benefits for temporary total disability;

17         increasing the membership on the panel

18         responsible for establishing a uniform

19         permanent impairment rating system; increasing

20         the percentage of an employee's salary for

21         purposes of impairment income benefits;

22         prescribing a schedule for payment of benefits;

23         providing that compensation is payable for

24         psychological or emotional injury arising out

25         of depression from being out of work;

26         authorizing a judge of compensation claims to

27         settle a dispute between two doctors relating

28         to impairment; increasing the time for payment

29         of temporary partial disability benefits;

30         reducing the geographical area in which the

31         employer must provide the employee with work

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  1         appropriate to the employee's limitation;

  2         increasing the monetary fine for failure to

  3         provide such work; amending s. 440.191, F.S.;

  4         providing employees with the right to an

  5         attorney in a proceeding before the Employee

  6         Assistance and Ombudsman Office to resolve a

  7         dispute; amending s. 440.192, F.S.; providing

  8         that an employer is responsible for an

  9         employee's attorney's fees and costs in

10         proceedings before a judge of compensation

11         claims; providing applicability for s.

12         440.20(11)(c), F.S.; repealing s. 440.25(4)(j),

13         F.S., relating to expedited hearings; providing

14         an effective date.

15

16  Be It Enacted by the Legislature of the State of Florida:

17

18         Section 1.  Paragraph (a) of subsection (2), paragraph

19  (a) of subsection (3), paragraph (c) of subsection (4), and

20  subsection (14) of section 440.13, Florida Statutes, are

21  amended to read:

22         440.13  Medical services and supplies; penalty for

23  violations; limitations.--

24         (2)  MEDICAL TREATMENT; DUTY OF EMPLOYER TO FURNISH.--

25         (a)  Subject to the limitations specified elsewhere in

26  this chapter, the employer shall furnish to the employee such

27  medically necessary remedial treatment, care, and attendance

28  for such period as the nature of the injury or the process of

29  recovery may require, including medicines, medical supplies,

30  durable medical equipment, orthoses, prostheses, and other

31  medically necessary apparatus. Remedial treatment, care, and

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  1  attendance, including work-hardening programs or

  2  pain-management programs accredited by the Commission on

  3  Accreditation of Rehabilitation Facilities or Joint Commission

  4  on the Accreditation of Health Organizations or

  5  pain-management programs affiliated with medical schools,

  6  shall be considered as covered treatment only when such care

  7  is given based on a referral by a physician as defined in this

  8  chapter. Each facility shall maintain outcome data, including

  9  work status at discharges, total program charges, total number

10  of visits, and length of stay. The department shall utilize

11  such data and report to the President of the Senate and the

12  Speaker of the House of Representatives regarding the efficacy

13  and cost-effectiveness of such program, no later than October

14  1, 2001 October 1, 1994. Medically necessary treatment, care,

15  and attendance does not include chiropractic services in

16  excess of 18 treatments or rendered 8 weeks beyond the date of

17  the initial chiropractic treatment, whichever comes first,

18  unless the carrier authorizes additional treatment or the

19  employee is catastrophically injured.

20         (3)  PROVIDER ELIGIBILITY; AUTHORIZATION.--

21         (a)  As a condition to eligibility for payment under

22  this chapter, a health care provider who renders services must

23  be a certified health care provider and must receive

24  authorization from the carrier before providing treatment.

25  This paragraph does not apply to emergency care. The division

26  shall adopt rules to implement the certification of health

27  care providers. As a one-time prerequisite to obtaining

28  certification, the division shall require each physician to

29  demonstrate proof of completion of a minimum 5-hour course

30  that covers the subject areas of cost containment, utilization

31  control, ergonomics, and the practice parameters adopted by

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  1  the division governing the physician's field of practice. The

  2  division shall coordinate with the Agency for Health Care

  3  Administration, the Florida Medical Association, the Florida

  4  Osteopathic Medical Association, the Florida Chiropractic

  5  Association, the Florida Podiatric Medical Association, the

  6  Florida Optometric Association, the Florida Dental

  7  Association, and other health professional organizations and

  8  their respective boards as deemed necessary by the Agency for

  9  Health Care Administration in complying with this subsection.

10  No later than October 1, 2001 October 1, 1994, the division

11  shall adopt rules regarding the criteria and procedures for

12  approval of courses and the filing of proof of completion by

13  the physicians.

14         (4)  NOTICE OF TREATMENT TO CARRIER; FILING WITH

15  DIVISION.--

16         (c)  It is the policy for the administration of the

17  workers' compensation system that there be reasonable access

18  to medical information by all parties to facilitate the

19  self-executing features of the law. An injured worker must

20  receive copies of all medical records, except a psychologist's

21  or psychiatrist's report, at the same time his or her lawyer

22  and the carrier's lawyer receive such reports. The doctors may

23  give such reports to the injured worker's family.

24  Notwithstanding the limitations in s. 456.057 and subject to

25  the limitations in s. 381.004, upon the request of the

26  employer, the carrier, or the attorney for either of them, the

27  medical records of an injured employee must be furnished to

28  those persons and the medical condition of the injured

29  employee must be discussed with those persons, if the records

30  and the discussions are restricted to conditions relating to

31  the workplace injury. Any such discussions may be held before

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  1  or after the filing of a claim without the knowledge, consent,

  2  or presence of any other party or his or her agent or

  3  representative. A health care provider who willfully refuses

  4  to provide medical records or to discuss the medical condition

  5  of the injured employee, after a reasonable request is made

  6  for such information pursuant to this subsection, shall be

  7  subject by the division to one or more of the penalties set

  8  forth in paragraph (8)(b).

  9         (14)  PAYMENT OF MEDICAL FEES.--

10         (a)  Except for emergency care treatment, fees for

11  medical services are payable only to a health care provider

12  certified and authorized to render remedial treatment, care,

13  or attendance under this chapter. A health care provider may

14  not collect or receive a fee from an injured employee within

15  this state, except as otherwise provided by this chapter. Such

16  providers have recourse against the employer or carrier for

17  payment for services rendered in accordance with this chapter.

18         (b)  Fees charged for remedial treatment, care, and

19  attendance may not exceed the applicable fee schedules adopted

20  under this chapter.

21         (c)  Notwithstanding any other provision of this

22  chapter, following overall maximum medical improvement from an

23  injury compensable under this chapter, the employee is

24  obligated to pay a copayment of $10 per visit for medical

25  services. The copayment shall not apply to emergency care

26  provided to the employee.

27         Section 2.  Paragraph (a) of subsection (2), paragraph

28  (a) of subsection (3), paragraph (b) of subsection (4), and

29  subsection (6) of section 440.15, Florida Statutes, are

30  amended to read:

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  1         440.15  Compensation for disability.--Compensation for

  2  disability shall be paid to the employee, subject to the

  3  limits provided in s. 440.12(2), as follows:

  4         (2)  TEMPORARY TOTAL DISABILITY.--

  5         (a)  In case of disability total in character but

  6  temporary in quality, 66 2/3  percent of the average weekly

  7  wages shall be paid to the employee during the continuance

  8  thereof, not to exceed 182 104 weeks except as provided in

  9  this subsection, s. 440.12(1), and s. 440.14(3). Once the

10  employee reaches the maximum number of weeks allowed, or the

11  employee reaches the date of maximum medical improvement,

12  whichever occurs earlier, temporary disability benefits shall

13  cease and the injured worker's permanent impairment shall be

14  determined. This paragraph applies if the injured worker is

15  fully recovered from his injury. If the injured worker is not

16  fully recovered, medical benefits shall be continued.

17         (3)  PERMANENT IMPAIRMENT AND WAGE-LOSS BENEFITS.--

18         (a)  Impairment benefits.--

19         1.  Once the employee has reached the date of maximum

20  medical improvement, impairment benefits are due and payable

21  within 20 days after the carrier has knowledge of the

22  impairment.

23         2.  The five-member three-member panel, in cooperation

24  with the division, shall establish and use a uniform permanent

25  impairment rating schedule. This schedule must be based on

26  medically or scientifically demonstrable findings as well as

27  the systems and criteria set forth in the American Medical

28  Association's Guides to the Evaluation of Permanent

29  Impairment; the Snellen Charts, published by American Medical

30  Association Committee for Eye Injuries; and the Minnesota

31  Department of Labor and Industry Disability Schedules. The

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  1  schedule should be based upon objective findings. The schedule

  2  shall be more comprehensive than the AMA Guides to the

  3  Evaluation of Permanent Impairment and shall expand the areas

  4  already addressed and address additional areas not currently

  5  contained in the guides. On August 1, 1979, and pending the

  6  adoption, by rule, of a permanent schedule, Guides to the

  7  Evaluation of Permanent Impairment, copyright 1977, 1971,

  8  1988, by the American Medical Association, shall be the

  9  temporary schedule and shall be used for the purposes hereof.

10  For injuries after July 1, 1990, pending the adoption by

11  division rule of a uniform disability rating schedule, the

12  Minnesota Department of Labor and Industry Disability Schedule

13  shall be used unless that schedule does not address an injury.

14  In such case, the Guides to the Evaluation of Permanent

15  Impairment by the American Medical Association shall be used.

16  Determination of permanent impairment under this schedule must

17  be made by a physician licensed under chapter 458, a doctor of

18  osteopathic medicine licensed under chapters 458 and 459, a

19  chiropractic physician licensed under chapter 460, a podiatric

20  physician licensed under chapter 461, an optometrist licensed

21  under chapter 463, or a dentist licensed under chapter 466, as

22  appropriate considering the nature of the injury. No other

23  persons are authorized to render opinions regarding the

24  existence of or the extent of permanent impairment.

25         3.  All impairment income benefits shall be based on an

26  impairment rating using the impairment schedule referred to in

27  subparagraph 2. Impairment income benefits are paid weekly at

28  the rate of 66 2/3 50 percent of the employee's average weekly

29  salary temporary total disability benefit not to exceed the

30  maximum weekly benefit under s. 440.12. An employee's

31  entitlement to impairment income benefits begins the day after

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  1  the employee reaches maximum medical improvement or the

  2  expiration of temporary benefits, whichever occurs earlier,

  3  and continues until the earlier of:

  4         a.  Eighteen weeks of eligibility for permanent

  5  impairment ratings up to and including 3 percent;

  6         b.  Thirty-six weeks of eligibility for permanent

  7  impairment ratings greater than 3 percent and up to and

  8  including 6 percent;

  9         c.  Fify-four weeks of eligibility for permanent

10  impairment ratings greater than 6 percent and up to and

11  including 9 percent;

12         d.  Seventy-two weeks of eligibility for permanent

13  impairment ratings greater than 9 percent and up to and

14  including 12 percent;

15         e.  Eighty-six weeks of eligibility for permanent

16  impairment ratings greater than 12 percent and up to and

17  including 13 percent;

18         f.  Ninety-four weeks of eligibility for permanent

19  impairment ratings greater than 13 percent and up to and

20  including 14 percent;

21         g.  One-hundred and five weeks of eligibility for

22  permanent impairment ratings greater than 14 percent and up to

23  and including 15 percent;

24         h.  One-hundred and nineteen weeks of eligibility for

25  permanent impairment ratings greater than 15 and up to and

26  including 16 percent;

27         i.  One-hundred and thirty-three weeks of eligibility

28  for permanent impairment ratings greater than 16 percent and

29  up to and including 17 percent;

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  1         j.  One-hundred and forty-seven weeks of eligibility

  2  for permanent impairment ratings greater than 17 and up to and

  3  including 18 percent;

  4         k.  One-hundred and sixty-one weeks of eligibility for

  5  permanent impairment ratings greater than 18 percent and up to

  6  and including 19 percent;

  7         l.  One-hundred and seventy-five weeks of eligibility

  8  for permanent impairment ratings greater than 19 percent and

  9  up to and including 20 percent;

10         m.  One-hundred and ninety-two weeks of eligibility for

11  permanent impairment ratings greater than 20 percent and up to

12  and including 21 percent;

13         n.  Two-hundred and ten weeks of eligibility for

14  permanent impairment ratings greater than 21 percent and up to

15  and including 22 percent;

16         o.  Two-hundred and twenty-seven weeks of eligibility

17  for permanent impairment ratings greater than 22 percent and

18  up to and including 23 percent;

19         p.  Two-hundred and forty-five weeks of eligibility for

20  permanent impairment ratings greater than 23 and up to and

21  including 24 percent;

22         q.  Two-hundred and fifty-four weeks of eligibility for

23  permanent impairment ratings greater than 24 percent; or

24         a.  The expiration of a period computed at the rate of

25  3 weeks for each percentage point of impairment; or

26         r.b.  The death of the employee.

27         4.  After the employee has been certified by a doctor

28  as having reached maximum medical improvement or 6 weeks

29  before the expiration of temporary benefits, whichever occurs

30  earlier, the certifying doctor shall evaluate the condition of

31  the employee and assign an impairment rating, using the

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  1  impairment schedule referred to in subparagraph 2.

  2  Compensation is not payable for the mental, psychological, or

  3  emotional injury arising out of depression from being out of

  4  work because of the employee's accident. If the certification

  5  and evaluation are performed by a doctor other than the

  6  employee's treating doctor, the certification and evaluation

  7  must be submitted to the treating doctor, and the treating

  8  doctor must indicate agreement or disagreement with the

  9  certification and evaluation, but the opinion of the second

10  doctor counts in the final decision of impairment. If there is

11  any controversy, the judge of compensation claims resolves the

12  dispute between the two doctors. The certifying doctor shall

13  issue a written report to the division, the employee, and the

14  carrier certifying that maximum medical improvement has been

15  reached, stating the impairment rating, and providing any

16  other information required by the division. If the employee

17  has not been certified as having reached maximum medical

18  improvement before the expiration of 182 102 weeks after the

19  date temporary total disability benefits begin to accrue, the

20  carrier shall notify the treating doctor of the requirements

21  of this section.

22         5.  The carrier shall pay the employee impairment

23  income benefits for a period based on the impairment rating.

24         6.  The division may by rule specify forms and

25  procedures governing the method of payment of wage loss and

26  impairment benefits for dates of accidents before January 1,

27  1994, and for dates of accidents on or after January 1, 1994.

28         (4)  TEMPORARY PARTIAL DISABILITY.--

29         (b)  Such benefits shall be paid during the continuance

30  of such disability, not to exceed a period of 182 104 weeks,

31  as provided by this subsection and subsection (2). Once the

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  1  injured employee reaches the maximum number of weeks,

  2  temporary disability benefits cease and the injured worker's

  3  permanent impairment must be determined. The division may by

  4  rule specify forms and procedures governing the method of

  5  payment of temporary disability benefits for dates of

  6  accidents before January 1, 1994, and for dates of accidents

  7  on or after January 1, 1994.

  8         (6)  OBLIGATION TO REHIRE.--If the employer has not in

  9  good faith made available to the employee, within a 35-mile

10  100-mile radius of the employee's residence, work appropriate

11  to the employee's physical limitations within 30 days after

12  the carrier notifies the employer of maximum medical

13  improvement and the employee's physical limitations, the

14  employer shall pay to the division for deposit into the

15  Workers' Compensation Administration Trust Fund a fine of $250

16  for every $5,000 of the employer's workers' compensation

17  premium or payroll, not to exceed $5,000 $2,000 per violation,

18  as the division requires by rule. The employer is not subject

19  to this subsection if the employee is receiving permanent

20  total disability benefits or if the employer has 25 50 or

21  fewer employees.

22         Section 3.  Paragraph (d) of subsection (2) of section

23  440.191, Florida Statutes, is amended to read:

24         440.191  Employee Assistance and Ombudsman Office.--

25         (2)

26         (d)  The Employee Assistance and Ombudsman Office may

27  assign an ombudsman to assist the employee in resolving the

28  dispute. If the dispute is not resolved within 30 days after

29  the employee contacts the office, the ombudsman shall, at the

30  employee's request, assist the employee in drafting a petition

31  for benefits and explain the procedures for filing petitions.

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  1  The employee may be represented by an attorney, and the

  2  employer or carrier is liable for attorney's fees and costs.

  3  The division may by rule determine the method used to

  4  calculate the 30-day period. The Employee Assistance and

  5  Ombudsman Office may not represent employees before the judges

  6  of compensation claims. An employer or carrier may not pay any

  7  attorneys' fees on behalf of the employee for services

  8  rendered or costs incurred in connection with this section,

  9  unless expressly authorized elsewhere in this chapter.

10         Section 4.  Subsection (6) of section 440.192, Florida

11  Statutes, is amended to read:

12         440.192  Procedure for resolving benefit disputes.--

13         (6)  If the claimant is not represented by counsel, the

14  Office of the Judges of Compensation Claims may request the

15  Employee Assistance and Ombudsman Office to assist the

16  claimant in filing a petition that meets the requirements of

17  this section. The employee may be represented by an attorney,

18  and the employer or carrier is liable for attorney's fees and

19  costs.

20         Section 5.  Paragraph (c) of subsection (11) of section

21  440.20, Florida Statutes, applies to all claims that the

22  parties have not settled under the current law (1994), unless

23  the claimant was injured before 1994, in which case the

24  previous law (1990) applies to the claimant.

25         Section 6.  Paragraph (j) of subsection (4) of section

26  440.25, Florida Statutes, is repealed.

27         Section 7.  This act shall take effect upon becoming a

28  law.

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  1            *****************************************

  2                          SENATE SUMMARY

  3    Amends various provisions of the workers' compensation
      law. Deletes the provision that medically necessary
  4    treatment does not include chiropractic services.
      Specifies date for the Division of Workers' Compensation
  5    of the Department of Labor and Employment Security to
      adopt rules regarding criteria for approval of courses.
  6    Provides that injured workers must receive reports that
      their attorneys and the carrier's attorneys receive at
  7    the time they receive the reports. Deletes employee's
      responsibility for copayment for medical services.
  8    Extends time for payment of benefits for temporary total
      disability. Increases the membership on the panel
  9    responsible for establishing a uniform permanent
      impairment rating system. Increases the percentage of an
10    employee's salary for purposes of impairment income
      benefits. Prescribes a schedule for payment of benefits.
11    Provides that compensation is payable for psychological
      or emotional injury arising out of depression from being
12    out of work. Authorizes a judge of compensation claims to
      settle a dispute between two doctors relating to
13    impairment. Increases the time for payment of temporary
      partial disability benefits. Reduces the geographical
14    area in which the employer must provide the employee with
      work appropriate to the employee's limitation. Increases
15    the monetary fine for failure to provide such work.
      Provides employees with the right to an attorney in a
16    proceeding before the Employee Assistance and Ombudsman
      Office to resolve a dispute. Provides that an employer is
17    responsible for an employee's attorney's fees and costs
      in proceedings before a judge of compensation claims.
18    Provides applicability for s. 440.20(11)(c), F.S. Repeals
      s. 440.25(4)(j), F.S., relating to expedited hearings.
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