Connecticut 2023 Regular Session

Connecticut House Bill HB06797 Compare Versions

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	7	+	General Assembly Substitute Bill No. 6797
	8	+	January Session, 2023
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4		-	Substitute House Bill No. 6797
5		-
6		-	Public Act No. 23-32
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8	13
9	14		AN ACT CONCERNING PLANS FOR THE TREATMENT OF
10	15		WORKPLACE INJURIES AND ILLNESSES AND ESTABLISHING
11	16		WORKING GROUPS TO REVIEW ACCESS TO MEDICAL RECORDS
12	17		AND PARTIAL DISABILITY PAYMENTS UNDER THE WORKERS'
13	18		COMPENSATION ACT.
14	19		Be it enacted by the Senate and House of Representatives in General
15	20		Assembly convened:
16	21
17		-	Section 1. Subsection (d) of section 31-279 of the general statutes is
18		-	repealed and the following is substituted in lieu thereof (Effective October
19		-	1, 2023):
20		-	(d) Each plan established under subsection (c) of this section shall be
21		-	submitted to the chairperson for [his] the chairperson's approval at least
22		-	one hundred twenty days before the proposed effective date of the plan
23		-	and each approved plan, along with any proposed changes therein, shall
24		-	be resubmitted to the chairperson every two years thereafter for
25		-	reapproval. The chairperson shall approve or disapprove such plans on
26		-	the basis of standards established by the chairperson in consultation
27		-	with a medical advisory panel appointed by the chairperson. Such
28		-	standards shall include, but not be limited to: (1) The ability of the plan
29		-	to provide all medical and health care services that may be required
30		-	under this chapter in a manner that is timely, effective and convenient
31		-	for the employees; (2) the inclusion in the plan of all categories of
32		-	medical service and of an adequate number of providers of each type of Substitute House Bill No. 6797
	22	+	Section 1. Subsection (d) of section 31-279 of the general statutes is 1
	23	+	repealed and the following is substituted in lieu thereof (Effective 2
	24	+	October 1, 2023): 3
	25	+	(d) Each plan established under subsection (c) of this section shall be 4
	26	+	submitted to the chairperson for [his] the chairperson's approval at 5
	27	+	least one hundred twenty days before the proposed effective date of 6
	28	+	the plan and each approved plan, along with any proposed changes 7
	29	+	therein, shall be resubmitted to the chairperson every two years 8
	30	+	thereafter for reapproval. The chairperson shall approve or disapprove 9
	31	+	such plans on the basis of standards established by the chairperson in 10
	32	+	consultation with a medical advisory panel appointed by the 11
	33	+	chairperson. Such standards shall include, but not be limited to: (1) 12
	34	+	The ability of the plan to provide all medical and health care services 13
	35	+	that may be required under this chapter in a manner that is timely, 14
	36	+	effective and convenient for the employees; (2) the inclusion in the 15
	37	+	plan of all categories of medical service and of an adequate number of 16
	38	+	providers of each type of medical service in accessible locations to 17 Substitute Bill No. 6797
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34		-	Public Act No. 23-32 2 of 6
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36		-	medical service in accessible locations to ensure that employees are
37		-	given an adequate choice of providers; (3) the provision in the plan for
38		-	appropriate financial incentives to reduce service costs and utilization
39		-	without a reduction in the quality of service; (4) the inclusion in the plan
40		-	of fee screening, peer review, service utilization review and dispute
41		-	resolution procedures designed to prevent inappropriate or excessive
42		-	treatment; [and] (5) the inclusion in the plan of a procedure by which
43		-	information on medical and health care service costs and utilization will
44		-	be reported to the chairperson in order for him to determine the
45		-	effectiveness of the plan; and (6) the inclusion in the plan of an
46		-	administrative process that permits an employee to seek, without
47		-	limitation, a determination of the necessity or appropriateness of
48		-	medical and health care services recommended by providers of a
49		-	medical care plan and the payment for such appropriate, medically
50		-	necessary health care services.
51		-	Sec. 2. (Effective from passage) (a) On or before August 15, 2023, the
52		-	chairpersons of the joint standing committee of the General Assembly
53		-	having cognizance of matters relating to the judiciary, or their
54		-	designees, shall convene a working group to review provisions of the
55		-	general statutes relating to medical records to develop legislative
56		-	recommendations to (1) streamline medical record requests from third-
57		-	party requestors to health care providers in order to obtain copies of
58		-	medical records in a timely fashion, and (2) revise provisions of the
59		-	general statutes to provide for the reasonable assessment of fees for
60		-	expenses incurred when responding to requests for copies of medical
61		-	records, including electronic medical records.
62		-	(b) The working group convened pursuant to subsection (a) of this
63		-	section shall consist of:
64		-	(1) The chairpersons of the joint standing committee of the General
65		-	Assembly having cognizance of matters relating to the judiciary, or their
66		-	designees; Substitute House Bill No. 6797
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	45	+	ensure that employees are given an adequate choice of providers; (3) 18
	46	+	the provision in the plan for appropriate financial incentives to reduce 19
	47	+	service costs and utilization without a reduction in the quality of 20
	48	+	service; (4) the inclusion in the plan of fee screening, peer review, 21
	49	+	service utilization review and dispute resolution procedures designed 22
	50	+	to prevent inappropriate or excessive treatment; [and] (5) the inclusion 23
	51	+	in the plan of a procedure by which information on medical and health 24
	52	+	care service costs and utilization will be reported to the chairperson in 25
	53	+	order for him to determine the effectiveness of the plan; and (6) the 26
	54	+	inclusion in the plan of an administrative process that permits an 27
	55	+	employee to seek, without limitation, a determination of the necessity 28
	56	+	or appropriateness of medical and health care services recommended 29
	57	+	by providers of a medical care plan and the payment for such 30
	58	+	appropriate, medically necessary health care services. 31
	59	+	Sec. 2. (Effective from passage) (a) On or before August 15, 2023, the 32
	60	+	chairpersons of the joint standing committee of the General Assembly 33
	61	+	having cognizance of matters relating to the judiciary, or their 34
	62	+	designees, shall convene a working group to review provisions of the 35
	63	+	general statutes relating to medical records to develop legislative 36
	64	+	recommendations to (1) streamline medical record requests from third-37
	65	+	party requestors to health care providers in order to obtain copies of 38
	66	+	medical records in a timely fashion, and (2) revise provisions of the 39
	67	+	general statutes to provide for the reasonable assessment of fees for 40
	68	+	expenses incurred when responding to requests for copies of medical 41
	69	+	records, including electronic medical records. 42
	70	+	(b) The working group convened pursuant to subsection (a) of this 43
	71	+	section shall consist of: 44
	72	+	(1) The chairpersons of the joint standing committee of the General 45
	73	+	Assembly having cognizance of matters relating to the judiciary, or 46
	74	+	their designees; 47
	75	+	(2) The ranking members of the joint standing committee of the 48
	76	+	General Assembly having cognizance of matters relating to the 49 Substitute Bill No. 6797
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70		-	(2) The ranking members of the joint standing committee of the
71		-	General Assembly having cognizance of matters relating to the
72		-	judiciary, or their designees;
73		-	(3) The chairpersons of the joint standing committee of the General
74		-	Assembly having cognizance of matters relating to public health, or
75		-	their designees;
76		-	(4) The ranking members of the joint standing committee of the
77		-	General Assembly having cognizance of matters relating to public
78		-	health, or their designees;
79		-	(5) The agency legal director for the Workers' Compensation
80		-	Commission, or the director's designee; and
81		-	(6) The following persons, who shall be jointly appointed by the
82		-	chairpersons of the joint standing committee of the General Assembly
83		-	having cognizance of matters relating to the judiciary, or their
84		-	designees:
85		-	(A) A representative of a national third-party medical records
86		-	provider;
87		-	(B) A representative of a national association representing third-party
88		-	medical records providers;
89		-	(C) An attorney who specializes in personal injury law;
90		-	(D) An attorney who specializes in workers' compensation law;
91		-	(E) A representative of a state-wide bar association representing
92		-	attorneys;
93		-	(F) A representative of a state-wide association representing
94		-	hospitals; Substitute House Bill No. 6797
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98		-	(G) A representative of a state-wide association representing
99		-	physicians; and
100		-	(H) A representative of a state-wide association representing medical
101		-	specialty providers.
102		-	(c) All appointments to the working group shall be made not later
103		-	than thirty days after the effective date of this section.
104		-	(d) The chairpersons of the joint standing committee of the General
105		-	Assembly having cognizance of matters relating to the judiciary, or their
106		-	designees, shall serve as the chairpersons of the working group. The
107		-	working group shall meet not less than monthly and at such other times
108		-	as may be necessary upon the call of the chairpersons of the working
109		-	group.
110		-	(e) Not later than February 1, 2024, the working group shall submit a
111		-	report on its findings and legislative recommendations to the joint
112		-	standing committees of the General Assembly having cognizance of
113		-	matters relating to the judiciary and public health, in accordance with
114		-	the provisions of section 11-4a of the general statutes. The working
115		-	group shall terminate on the date that it submits such report or February
116		-	1, 2024, whichever is later.
117		-	Sec. 3. (Effective from passage) (a) On or before August 15, 2023, the
118		-	chairpersons of the joint standing committee of the General Assembly
119		-	having cognizance of matters relating to the judiciary, or their
120		-	designees, shall convene a working group to review the level of partial
121		-	permanent disability payments available to injured employees under
122		-	chapter 568 of the general statutes. Such review shall include an
123		-	assessment of whether: (1) The provisions of the general statutes
124		-	adequately protect all injured employees in the state, and (2) the
125		-	provisions of the general statutes prescribing benefit levels should be
126		-	revised. Substitute House Bill No. 6797
	83	+	judiciary, or their designees; 50
	84	+	(3) The chairpersons of the joint standing committee of the General 51
	85	+	Assembly having cognizance of matters relating to public health, or 52
	86	+	their designees; 53
	87	+	(4) The ranking members of the joint standing committee of the 54
	88	+	General Assembly having cognizance of matters relating to public 55
	89	+	health, or their designees; 56
	90	+	(5) The agency legal director for the Workers' Compensation 57
	91	+	Commission, or the director's designee; and 58
	92	+	(6) The following persons, who shall be jointly appointed by the 59
	93	+	chairpersons of the joint standing committee of the General Assembly 60
	94	+	having cognizance of matters relating to the judiciary, or their 61
	95	+	designees: 62
	96	+	(A) A representative of a national third-party medical records 63
	97	+	provider; 64
	98	+	(B) A representative of a national association representing third-65
	99	+	party medical records providers; 66
	100	+	(C) An attorney who specializes in personal injury law; 67
	101	+	(D) An attorney who specializes in workers' compensation law; 68
	102	+	(E) A representative of a state-wide bar association representing 69
	103	+	attorneys; 70
	104	+	(F) A representative of a state-wide association representing 71
	105	+	hospitals; 72
	106	+	(G) A representative of a state-wide association representing 73
	107	+	physicians; and 74
	108	+	(H) A representative of a state-wide association representing 75 Substitute Bill No. 6797
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130		-	(b) The working group convened pursuant to subsection (a) of this
131		-	section shall consist of:
132		-	(1) The chairpersons of the joint standing committee of the General
133		-	Assembly having cognizance of matters relating to the judiciary, or their
134		-	designees;
135		-	(2) The ranking members of the joint standing committee of the
136		-	General Assembly having cognizance of matters relating to the
137		-	judiciary, or their designees;
138		-	(3) The chairpersons of the joint standing committee of the General
139		-	Assembly having cognizance of matters relating to labor and public
140		-	employees, or their designees;
141		-	(4) The ranking members of the joint standing committee of the
142		-	General Assembly having cognizance of matters relating to labor and
143		-	public employees, or their designees;
144		-	(5) The agency legal director for the Workers' Compensation
145		-	Commission, or the director's designee; and
146		-	(6) The following persons, who shall be jointly appointed by the
147		-	chairpersons of the joint standing committee of the General Assembly
148		-	having cognizance of matters relating to the judiciary, or their
149		-	designees:
150		-	(A) An attorney who specializes in representing claimants appearing
151		-	before the Workers' Compensation Commission;
152		-	(B) An attorney who specializes in representing respondents
153		-	appearing before the Workers' Compensation Commission;
154		-	(C) A representative of a state-wide bar association representing
155		-	attorneys; Substitute House Bill No. 6797
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	115	+	medical specialty providers. 76
	116	+	(c) All appointments to the working group shall be made not later 77
	117	+	than thirty days after the effective date of this section. 78
	118	+	(d) The chairpersons of the joint standing committee of the General 79
	119	+	Assembly having cognizance of matters relating to the judiciary, or 80
	120	+	their designees, shall serve as the chairpersons of the working group. 81
	121	+	The working group shall meet not less than monthly and at such other 82
	122	+	times as may be necessary upon the call of the chairpersons of the 83
	123	+	working group. 84
	124	+	(e) Not later than February 1, 2024, the working group shall submit 85
	125	+	a report on its findings and legislative recommendations to the joint 86
	126	+	standing committees of the General Assembly having cognizance of 87
	127	+	matters relating to the judiciary and public health, in accordance with 88
	128	+	the provisions of section 11-4a of the general statutes. The working 89
	129	+	group shall terminate on the date that it submits such report or 90
	130	+	February 1, 2024, whichever is later. 91
	131	+	Sec. 3. (Effective from passage) (a) On or before August 15, 2023, the 92
	132	+	chairpersons of the joint standing committee of the General Assembly 93
	133	+	having cognizance of matters relating to the judiciary, or their 94
	134	+	designees, shall convene a working group to review the level of partial 95
	135	+	permanent disability payments available to injured employees under 96
	136	+	chapter 568 of the general statutes. Such review shall include an 97
	137	+	assessment of whether: (1) The provisions of the general statutes 98
	138	+	adequately protect all injured employees in the state, and (2) the 99
	139	+	provisions of the general statutes prescribing benefit levels should be 100
	140	+	revised. 101
	141	+	(b) The working group convened pursuant to subsection (a) of this 102
	142	+	section shall consist of: 103
	143	+	(1) The chairpersons of the joint standing committee of the General 104
	144	+	Assembly having cognizance of matters relating to the judiciary, or 105
	145	+	their designees; 106 Substitute Bill No. 6797
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159		-	(D) A representative of a state-wide association representing trial
160		-	attorneys; and
161		-	(E) A representative of a state-wide association representing workers'
162		-	compensation insurers in the state.
163		-	(c) All appointments to the working group shall be made not later
164		-	than thirty days after the effective date of this section.
165		-	(d) The chairpersons of the joint standing committee of the General
166		-	Assembly having cognizance of matters relating to the judiciary, or their
167		-	designees, shall serve as the chairpersons of the working group. The
168		-	working group shall meet not less than monthly and at such other times
169		-	as may be necessary upon the call of the chairpersons of the working
170		-	group.
171		-	(e) Not later than February 1, 2024, the working group shall submit a
172		-	report on its findings and legislative recommendations to the joint
173		-	standing committees of the General Assembly having cognizance of
174		-	matters relating to the judiciary and labor and public employees, in
175		-	accordance with the provisions of section 11-4a of the general statutes.
176		-	The working group shall terminate on the date that it submits such
177		-	report or February 1, 2024, whichever is later.
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	152	+	(2) The ranking members of the joint standing committee of the 107
	153	+	General Assembly having cognizance of matters relating to the 108
	154	+	judiciary, or their designees; 109
	155	+	(3) The chairpersons of the joint standing committee of the General 110
	156	+	Assembly having cognizance of matters relating to labor and public 111
	157	+	employees, or their designees; 112
	158	+	(4) The ranking members of the joint standing committee of the 113
	159	+	General Assembly having cognizance of matters relating to labor and 114
	160	+	public employees, or their designees; 115
	161	+	(5) The agency legal director for the Workers' Compensation 116
	162	+	Commission, or the director's designee; and 117
	163	+	(6) The following persons, who shall be jointly appointed by the 118
	164	+	chairpersons of the joint standing committee of the General Assembly 119
	165	+	having cognizance of matters relating to the judiciary, or their 120
	166	+	designees: 121
	167	+	(A) An attorney who specializes in representing claimants 122
	168	+	appearing before the Workers' Compensation Commission; 123
	169	+	(B) An attorney who specializes in representing respondents 124
	170	+	appearing before the Workers' Compensation Commission; 125
	171	+	(C) A representative of a state-wide bar association representing 126
	172	+	attorneys; 127
	173	+	(D) A representative of a state-wide association representing trial 128
	174	+	attorneys; and 129
	175	+	(E) A representative of a state-wide association representing 130
	176	+	workers' compensation insurers in the state. 131
	177	+	(c) All appointments to the working group shall be made not later 132
	178	+	than thirty days after the effective date of this section. 133 Substitute Bill No. 6797
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	185	+	(d) The chairpersons of the joint standing committee of the General 134
	186	+	Assembly having cognizance of matters relating to the judiciary, or 135
	187	+	their designees, shall serve as the chairpersons of the working group. 136
	188	+	The working group shall meet not less than monthly and at such other 137
	189	+	times as may be necessary upon the call of the chairpersons of the 138
	190	+	working group. 139
	191	+	(e) Not later than February 1, 2024, the working group shall submit 140
	192	+	a report on its findings and legislative recommendations to the joint 141
	193	+	standing committees of the General Assembly having cognizance of 142
	194	+	matters relating to the judiciary and labor and public employees, in 143
	195	+	accordance with the provisions of section 11-4a of the general statutes. 144
	196	+	The working group shall terminate on the date that it submits such 145
	197	+	report or February 1, 2024, whichever is later. 146
	198	+	This act shall take effect as follows and shall amend the following
	199	+	sections:
	200	+
	201	+	Section 1 October 1, 2023 31-279(d)
	202	+	Sec. 2 from passage New section
	203	+	Sec. 3 from passage New section
	204	+
	205	+	JUD Joint Favorable Subst.
178	206