Arkansas 2025 Regular Session

Arkansas Senate Bill SB288 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.
2	2	ANS193 02/24/2025 4:03:43 PM ANS193
3	3	State of Arkansas 1
4	4	95th General Assembly A Bill 2
5	5	Regular Session, 2025 SENATE BILL 288 3
6	6	4
7	7	By: Senator J. Payton 5
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10	10	For An Act To Be Entitled 8
11	11	AN ACT TO MODIFY A PHYSICIAN CHANGE UNDER THE 9
12	12	WORKERS' COMPENSATION LAW THAT RESULTED FROM 10
13	13	INITIATED MEASURE 1948, NO. 4; AND FOR OTHER 11
14	14	PURPOSES. 12
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17	17	Subtitle 15
18	18	TO MODIFY A PHYSICIAN CHANGE UNDER THE 16
19	19	WORKERS' COMPENSATION LAW THAT RESULTED 17
20	20	FROM INITIATED MEASURE 1948, 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 -9-514(a), concerning medical services 22
25	25	and supplies and a change of physician under the Workers' Compensation Law, 23
26	26	is amended to read as follows: 24
27	27	(a)(1) If the employee selects a physician, the Workers' Compensation 25
28	28	Commission shall not authorize a change of physician unless the employee 26
29	29	first establishes to the satisfaction of the commission that there is a 27
30	30	compelling reason or circumstance justifying a change. 28
31	31	(2)(A)(i) If the employer selects a physician to encourage 29
32	32	continuity of care and improved outcomes , the claimant may petition the 30
33	33	commission one (1) time only for a change of physician, and if the commission 31
34	34	approves the change with or without a hearing, the commission shall determine 32
35	35	the second physician and shall not be bound by recommendations of claimant or 33
36	36	respondent. 34
37	37	(ii) A physician may make appropriate referrals to 35
38	38	relevant specialists for necessary medical treatment. 36 SB288
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41	41	(iii) In addition to a change to the regular 1
42	42	physician under subdivision (a)(2)(A)(i) of this section, no more than once 2
43	43	per year, the injured employee has the right to petition the commission for a 3
44	44	change of physician to: 4
45	45	(a) Another physician who is associated with a 5
46	46	managed care entity certified by the commission or otherwise agrees to the 6
47	47	commission rules and fee schedule; and 7
48	48	(b) An appropriate specialist who is 8
49	49	associated with a managed care entity certified by the commission or 9
50	50	otherwise agrees to the commission rules and fee schedule. 10
51	51	(iv) This subdivision (a)(2(A) recognizes that an 11
52	52	injured employee may require treatment from multiple specialists and an 12
53	53	injured worker may obtain one (1) change of a specialist per year for each 13
54	54	relevant specialty. 14
55	55	(B) However, if the change desired by the claimant is to a 15
56	56	chiropractic physician, optometrist, or podiatrist, the claimant may make the 16
57	57	change by giving advance written notification to the employer or carrier. 17
58	58	(3) Following establishment of an Arkansas managed care system 18
59	59	as provided in § 11-9-508, subdivisions (a)(1) and (2) of this section shall 19
60	60	become null and void, and thereafter: 20
61	61	(A)(i) The employer shall have the right to select the 21
62	62	initial primary care physician from among those associated with managed care 22
63	63	entities certified by the commission as provided in § 11 -9-508. 23
64	64	(ii) Where the employer has contracted with a 24
65	65	managed care organization certified by the commission, the claimant employee, 25
66	66	however, shall be allowed to change physicians by petitioning the commission 26
67	67	one (1) time only for a change of physician to a physician who must either be 27
68	68	associated with the managed care entity chosen by the employer or be the 28
69	69	regular treating physician of the employee who maintains the employee's 29
70	70	medical records and with whom the employee has a bona fide doctor -patient 30
71	71	relationship demonstrated by a history of regular treatment prior to the 31
72	72	onset of the compensable injury but only if the primary care physician agrees 32
73	73	to refer the employee to the managed care entity chosen by the employer for 33
74	74	any specialized treatment, including physical therapy, and only if the 34
75	75	primary care physician agrees to comply with all the rules, terms, and 35
76	76	conditions regarding services performed by the managed care entity chosen by 36 SB288
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79	79	the employer. 1
80	80	(iii) Where the employer does not have a contract 2
81	81	with a managed care organization certified by the commission, the claimant 3
82	82	employee, however, shall be allowed to change physicians by petitioning the 4
83	83	commission one (1) time only for a change of physician, to a physician who 5
84	84	must either be associated with any managed care entity certified by the 6
85	85	commission or be the regular treating physician of the employee who maintains 7
86	86	the employee's medical records and with whom the employee has a bona fide 8
87	87	doctor-patient relationship demonstrated by a history of regular treatment 9
88	88	prior to the onset of the compensable injury, but only if the primary care 10
89	89	physician agrees to refer the employee to a physician associated with any 11
90	90	managed care entity certified by the commission for any specialized 12
91	91	treatment, including physical therapy, and only if the primary care physician 13
92	92	agrees to comply with all the rules, terms, and conditions regarding services 14
93	93	performed by any managed care entity certified by the commission. 15
94	94	(B)(3) A petition for change of physician shall be expedited by 16
95	95	the commission. 17
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