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 288 3
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By: Senator J. Payton 5
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For An Act To Be Entitled 8
AN ACT TO MODIFY A PHYSICIAN CHANGE UNDER THE 9
WORKERS' COMPENSATION LAW THAT RESULTED FROM 10
INITIATED MEASURE 1948, NO. 4; AND FOR OTHER 11
PURPOSES. 12
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Subtitle 15
TO MODIFY A PHYSICIAN CHANGE UNDER THE 16
WORKERS' COMPENSATION LAW THAT RESULTED 17
FROM INITIATED MEASURE 1948, 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 -9-514(a), concerning medical services 22
and supplies and a change of physician under the Workers' Compensation Law, 23
is amended to read as follows: 24
(a)(1) If the employee selects a physician, the Workers' Compensation 25
Commission shall not authorize a change of physician unless the employee 26
first establishes to the satisfaction of the commission that there is a 27
compelling reason or circumstance justifying a change. 28
(2)(A)(i) If the employer selects a physician to encourage 29
continuity of care and improved outcomes , the claimant may petition the 30
commission one (1) time only for a change of physician, and if the commission 31
approves the change with or without a hearing, the commission shall determine 32
the second physician and shall not be bound by recommendations of claimant or 33
respondent. 34
(ii) A physician may make appropriate referrals to 35
relevant specialists for necessary medical treatment. 36 SB288
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(iii) In addition to a change to the regular 1
physician under subdivision (a)(2)(A)(i) of this section, no more than once 2
per year, the injured employee has the right to petition the commission for a 3
change of physician to: 4
(a) Another physician who is associated with a 5
managed care entity certified by the commission or otherwise agrees to the 6
commission rules and fee schedule; and 7
(b) An appropriate specialist who is 8
associated with a managed care entity certified by the commission or 9
otherwise agrees to the commission rules and fee schedule. 10
(iv) This subdivision (a)(2(A) recognizes that an 11
injured employee may require treatment from multiple specialists and an 12
injured worker may obtain one (1) change of a specialist per year for each 13
relevant specialty. 14
(B) However, if the change desired by the claimant is to a 15
chiropractic physician, optometrist, or podiatrist, the claimant may make the 16
change by giving advance written notification to the employer or carrier. 17
(3) Following establishment of an Arkansas managed care system 18
as provided in § 11-9-508, subdivisions (a)(1) and (2) of this section shall 19
become null and void, and thereafter: 20
(A)(i) The employer shall have the right to select the 21
initial primary care physician from among those associated with managed care 22
entities certified by the commission as provided in § 11 -9-508. 23
(ii) Where the employer has contracted with a 24
managed care organization certified by the commission, the claimant employee, 25
however, shall be allowed to change physicians by petitioning the commission 26
one (1) time only for a change of physician to a physician who must either be 27
associated with the managed care entity chosen by the employer or be the 28
regular treating physician of the employee who maintains the employee's 29
medical records and with whom the employee has a bona fide doctor -patient 30
relationship demonstrated by a history of regular treatment prior to the 31
onset of the compensable injury but only if the primary care physician agrees 32
to refer the employee to the managed care entity chosen by the employer for 33
any specialized treatment, including physical therapy, and only if the 34
primary care physician agrees to comply with all the rules, terms, and 35
conditions regarding services performed by the managed care entity chosen by 36 SB288
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the employer. 1
(iii) Where the employer does not have a contract 2
with a managed care organization certified by the commission, the claimant 3
employee, however, shall be allowed to change physicians by petitioning the 4
commission one (1) time only for a change of physician, to a physician who 5
must either be associated with any managed care entity certified by the 6
commission or be the regular treating physician of the employee who maintains 7
the employee's medical records and with whom the employee has a bona fide 8
doctor-patient relationship demonstrated by a history of regular treatment 9
prior to the onset of the compensable injury, but only if the primary care 10
physician agrees to refer the employee to a physician associated with any 11
managed care entity certified by the commission for any specialized 12
treatment, including physical therapy, and only if the primary care physician 13
agrees to comply with all the rules, terms, and conditions regarding services 14
performed by any managed care entity certified by the commission. 15
(B)(3) A petition for change of physician shall be expedited by 16
the commission. 17
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