Arkansas 2025 Regular Session

Arkansas Senate Bill SB284 Compare Versions

Only one version of the bill is available at this time.

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1	1	Stricken language would be deleted from and underlined language would be added to present law.
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3	3	State of Arkansas 1
4	4	95th General Assembly A Bill 2
5	5	Regular Session, 2025 SENATE BILL 284 3
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7	7	By: Senator J. Payton 5
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10	10	For An Act To Be Entitled 8
11	11	TO MODIFY THE EMPLOYER'S LIABILITY UNDER THE WORKERS' 9
12	12	COMPENSATION LAW THAT RESULTED FROM INITIATED MEASURE 10
13	13	1948, NO. 4; AND FOR OTHER PURPOSES. 11
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16	16	Subtitle 14
17	17	TO MODIFY THE EMPLOYER'S LIABILITY UNDER 15
18	18	THE WORKERS' COMPENSATION LAW THAT 16
19	19	RESULTED FROM INITIATED MEASURE 1948, 17
20	20	NO. 4. 18
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22	22	BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF ARKANSAS: 20
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24	24	SECTION 1. Arkansas Code § 11 -9-508(c) and (d), concerning the system 22
25	25	of managed health care established by the Workers' Compensation Commission, 23
26	26	are amended to read as follows: 24
27	27	(c) In order to help control the cost of medical benefits, the 25
28	28	commission, on or before July 1, 1994, following a public hearing and with 26
29	29	the assistance and cooperation of the State Insurance Department, is 27
30	30	authorized and directed to establish appropriate rules to establish and 28
31	31	implement shall maintain a system of managed health care for the State of 29
32	32	Arkansas. 30
33	33	(d) For the purpose of establishing and implementing a system of 31
34	34	managed health care, the commission is authorized to: 32
35	35	(1) Develop rules for the certification of managed care entities 33
36	36	to provide managed care to injured workers; 34
37	37	(2) Develop rules for peer review, service utilization, and 35
38	38	resolution of medical disputes; 36 SB284
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41	41	(3) Prohibit “balance billing” from the employee, employer, or 1
42	42	carrier; 2
43	43	(4)(A) Establish fees for medical services as provided in 3
44	44	Workers' Compensation Commission Rule 30 and its amendments. 4
45	45	(B) The commission shall make no distinction in approving 5
46	46	fees from different classes of medical service providers or healthcare 6
47	47	providers for provision of the same or essentially similar medical services 7
48	48	or healthcare services as specified in this section; and 8
49	49	(5)(A)(i) Give the employer the right to choose the initial 9
50	50	treating physician, with the injured employee having the right to petition 10
51	51	the commission for a one -time-only change of physician to one who is 11
52	52	associated with a managed care entity certified by the commission or is to 12
53	53	encourage continuity of care and improved outcomes, an injured worker has the 13
54	54	right to be treated by the regular treating physician of the employee who 14
55	55	maintains the employee's medical records and with whom the employee has a 15
56	56	bona fide doctor-patient relationship demonstrated by a history of regular 16
57	57	treatment prior to the onset of the compensable injury, but only if the 17
58	58	primary care physician agrees to refer the employee to a certified managed 18
59	59	care entity for any specialized treatment, including physical therapy, and 19
60	60	only if such primary care physician agrees to comply with all the rules, 20
61	61	terms, and conditions regarding services performed by the managed care entity 21
62	62	initially chosen by the employer or otherwise agrees to the commission rules 22
63	63	and fee schedule. 23
64	64	(ii) A treating physician shall make appropriate 24
65	65	referrals to relevant specialists for necessary medical treatment if the 25
66	66	primary care physician agrees to refer the employee to a certified managed 26
67	67	care entity for any specialized treatment. 27
68	68	(iii) In addition to a change to the regular 28
69	69	treating physician under subdivision (d)(5)(A)(i) of this section, no more 29
70	70	than once per year, the injured employee has the right to petition the 30
71	71	commission for a change of treating physician to: 31
72	72	(a) Another treating physician who is 32
73	73	associated with a managed care entity certified by the commission or 33
74	74	otherwise agrees to the commission rules and fee schedule; or 34
75	75	(b) An appropriate specialist physician who is 35
76	76	associated with a managed care entity certified by the commission or 36 SB284
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79	79	otherwise agrees to the commission rules and fee schedule. 1
80	80	(iv) This subdivision (5)(A) specifically recognizes 2
81	81	that an injured employee may require treatment from multiple specialists and 3
82	82	an injured worker may obtain one (1) change of a specialist physician per 4
83	83	year for each relevant specialty. 5
84	84	(B) A petition for change of physician shall be expedited 6
85	85	by the commission. 7
86	86	8
87	87	SECTION 2. Arkansas Code § 11 -9-508, concerning the employer's 9
88	88	liability for medical services under the Workers' Compensation Law, is 10
89	89	amended to add an additional subsection to read as follows: 11
90	90	(g)(1) The employer shall petition the commission for approval of any 12
91	91	independent medical exam. 13
92	92	(2) The petition described in subdivision (g)(1) of this section 14
93	93	shall include the identity of, credentials of, and fees to be paid to the 15
94	94	examiner conducting the independent medical exam and the stated purpose of 16
95	95	the independent medical exam. 17
96	96	(3) All correspondence, records, and reports provided to the 18
97	97	examiner conducting the independent medical exam shall be furnished to the 19
98	98	claimant or claimant's counsel at the time the correspondence, records, and 20
99	99	reports are transmitted to the examiner conducting the independent medical 21
100	100	exam. 22
101	101	(4) A record or report generated by the examiner conducting the 23
102	102	independent medical exam shall be promptly furnished to the claimant or 24
103	103	claimant's counsel. 25
104	104	(5)(A) The claimant has the right to depose the examiner 26
105	105	conducting the independent medical exam. 27
106	106	(B) If the claimant deposes the examiner conducting the 28
107	107	independent medical exam under subdivision (g)(5)(A) of this section, the 29
108	108	claimant shall: 30
109	109	(i) Pay a witness fee to the examiner conducting the 31
110	110	independent medical exam at the rate specified under Commission Rule 099.30 32
111	111	(I)(P); and 33
112	112	(ii) Be responsible for payment of any court 34
113	113	reporter expenses. 35
114	114	(6) This subsection applies to any record review, peer review, 36 SB284
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117	117	report, second opinion, or consultation obtained by the employer for use in 1
118	118	proceedings before the commission. 2
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