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OLR Bill Analysis
sHB 6797
AN ACT CONCERNING PLANS FOR THE TREATMENT OF
WORKPLACE INJURIES AND ILLNESSES AND ESTABLISHING
WORKING GROUPS TO REVIEW ACCESS TO MEDICAL RECORDS
AND PARTIAL DISABILITY PAYMENTS UNDER THE WORKERS'
COMPENSATION ACT.
SUMMARY
This bill makes various changes affecting workers’ compensation and
related matters.
It requires the Workers’ Compensation Commission (WCC)
chairperson, in setting standards for approving employer or insurer
medical plans, to include whether the plan has an administrative
process allowing employees to seek certain information about the
medical and health care services recommended by the plan’s providers
(e.g., their appropriateness and payment).
The bill also requires the Judiciary Committee chairpersons or their
designees, by August 15, 2023, to convene two working groups. One
group must review medical records-related statutes and develop
legislative recommendations on (1) streamlining third-party record
requests to health care providers in order to timely get record copies,
and (2) setting reasonable fees for expenses when responding to these
requests, including requests for electronic records.
The other group must review the level of partial permanent disability
payments available to injured employees under the workers’
compensation laws. This review must assess whether (1) existing laws
adequately protect all injured employees in the state and (2) the laws on
benefit levels should change.
EFFECTIVE DATE: Upon passage, except that the provision on
approval standards for employer or insurer medical plans takes effect 2023HB-06797-R000634-BA.DOCX
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October 1, 2023.
§ 1 — WORKERS’ COMPENS ATION MEDICAL PLANS
Existing law allows employers and insurers acting for them to set up
medical plans to provide treatment for job-related injuries and illnesses
for employees receiving workers’ compensation. The plans must be
approved by the WCC chairperson, based on standards the chairperson
sets in consultation with a medical advisory panel.
The bill requires these standards to include whether the plan has an
administrative process allowing employees, without limit, to seek a
determination on the (1) need for, or appropriateness of, the medical
and health care services recommended by the plan’s providers and (2)
payment for these services.
Existing law also requires the standards to include, among other
things, (1) the plan’s ability to provide required services in a way that is
timely, effective, and convenient for employees and (2) the inclusion of
all service categories and enough providers for each type in accessible
locations to ensure employees have adequate choice.
§§ 2 & 3 — WORKING GRO UPS
Under the bill, the Judiciary Committee chairpersons, or their
designees, serve as both working groups’ chairpersons. Each group
must meet at least monthly, and at other times as necessary upon the
call of the group’s chairpersons.
For both groups, member appointments (see below) must be made
within 30 days after the bill’s passage.
Medical Records Working Group Membership
Under the bill, the medical records working group includes the
chairpersons and ranking members of the Judiciary and Public Health
committees and the WCC’s legal director, or their designees. The
working group also includes the following eight members, jointly
appointed by the Judiciary Committee chairpersons or their designees:
1. a representative of a national third-party medical records 2023HB-06797-R000634-BA.DOCX
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provider;
2. a representative of a national association representing third-
party medical records providers;
3. an attorney specializing in personal injury law;
4. an attorney specializing in workers’ compensation law;
5. a representative of a statewide bar association, representing
attorneys; and
6. one representative each from three statewide associations,
representing hospitals, physicians, and medical specialty
providers.
Partial Permanent Disability Benefits Working Group Membership
Under the bill, this working group includes the chairpersons and
ranking members of the Judiciary and Labor and Public Employees
committees and the WCC’s legal director, or their designees. The group
also includes the following five members, jointly appointed by the
Judiciary Committee chairpersons or their designees:
1. two attorneys who specialize in representing clients appearing
before the WCC, one for claimants and one for respondents;
2. two representatives of attorney groups, one for a statewide bar
association and one for a statewide trial lawyers association; and
3. a representative of a statewide association representing in-state
workers’ compensation insurers.
Reporting Requirement
By February 1, 2024, each working group must report on its findings
and recommendations. The medical records group must report to the
Judiciary and Public Health committees, and the other group must
report to the Judiciary and Labor and Public Employees committees.
Each group terminates on the date it submits its report or on February
1, 2024, whichever is later. 2023HB-06797-R000634-BA.DOCX
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BACKGROUND
Related Bill
sSB 958 (File 120), reported favorably by the Public Health
Committee, sets new limits on health record fees charged by individual
health care providers, including requests by patients themselves or by
their attorneys or authorized representatives.
COMMITTEE ACTION
Judiciary Committee
Joint Favorable Substitute
Yea 37 Nay 0 (03/30/2023)