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