CHAPTER 227
HB 1371 – FINAL VERSION
11Mar2010… 0942h
5/12/10 2011s
2010 SESSION
01/04
HOUSE BILL 1371
AN ACT allowing an injured employee to have a witness present at the examination by health care providers performing independent medical examinations and establishing a committee to study certain aspects of independent medical examinations.
COMMITTEE: Labor, Industrial and Rehabilitative Services
This bill allows an injured employee to have a witness present during the independent medical examinations required under workers’ compensation.
This bill also establishes a committee to study certain aspects of independent medical examinations.
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Explanation: Matter added to current law appears in bold italics.
Matter removed from current law appears [in brackets and struckthrough.]
Matter which is either (a) all new or (b) repealed and reenacted appears in regular type.
11Mar2010… 0942h
5/12/10 2011s
10-2435
01/04
STATE OF NEW HAMPSHIRE
In the Year of Our Lord Two Thousand Ten
AN ACT allowing an injured employee to have a witness present at the examination by health care providers performing independent medical examinations and establishing a committee to study certain aspects of independent medical examinations.
Be it Enacted by the Senate and House of Representatives in General Court convened:
227:1 Workers’ Compensation; Independent Medical Examinations. Amend RSA 281-A:38, II to read as follows:
II. Any health care provider conducting independent medical examinations under this chapter shall be certified by the appropriate specialty board as recognized by the American Board of Medical Specialties or obtain the approval of the commissioner for those specialties not recognized by such board. The health care provider shall maintain a current practice in that area of specialty. The independent medical examination shall take place within a 50-mile radius of the residence of the injured employee, unless, within the discretion of the commissioner, examination outside the 50-mile radius is necessary to obtain the services of a provider who specializes in the evaluation and treatment specific to the nature and extent of the employee’s injury. The injured employee shall not be required to submit to more than 2 independent medical examinations per year, unless within the discretion of the commissioner, more than 2 examinations are necessary. An injured employee shall have the right to have a witness present during such examination. In the event that a witness is present, including but not limited to a witness taking notes or observing, on behalf of the injured employee, the witness shall not interfere in the examination in any way. The injured employee shall be required to sign an authorization, as prepared by the commissioner, to the effect that he or she understands that his or her medical history and condition or conditions will be discussed during said examination and that he or she waives any right to privacy that he or she may have under the circumstances of voluntarily allowing a witness to be present on his or her behalf.
227:2 Committee Established. There is established a committee to study whether allowing an injured employee to record the independent medical examination is feasible and whether independent medical examination practitioners should be required to file a report with the insurance department.
227:3 Membership and Compensation.
I. The members of the committee shall be as follows:
(a) One member of the senate, appointed by the president of the senate.
(b) Three members of the house of representatives, appointed by the speaker of the house of representatives.
II. Members of the committee shall receive mileage at the legislative rate when attending to the duties of the committee.
227:4 Duties. The committee shall study whether allowing an injured employee to record the independent medical examination required by workers’ compensation is feasible and whether independent medical examination practitioners who perform 10 or more examinations in a calendar year should be required to file an annual report with the insurance department.
227:5 Chairperson; Quorum. The members of the study committee shall elect a chairperson from among the members. The first meeting of the committee shall be called by the first-named senate member. The first meeting of the committee shall be held within 45 days of the effective date of this section. Three members of the committee shall constitute a quorum.
227:6 Report. The committee shall report its findings and any recommendations for proposed legislation to the president of the senate, the speaker of the house of representatives, the senate clerk, the house clerk, the governor, and the state library on or before November 1, 2010.
227:7 Effective Date.
I. Section 1 of this act shall take effect January 1, 2011.
II. The remainder of this act shall take effect upon its passage.
Approved: June 28, 2010
Effective Date: I. Section 1 shall take effect January 1, 2011.
II. Remainder shall take effect June 28, 2010.