Substitute House Bill No. 6797
Public Act No. 23-32
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.
Be it enacted by the Senate and House of Representatives in General
Assembly convened:
Section 1. Subsection (d) of section 31-279 of the general statutes is
repealed and the following is substituted in lieu thereof (Effective October
1, 2023):
(d) Each plan established under subsection (c) of this section shall be
submitted to the chairperson for [his] the chairperson's approval at least
one hundred twenty days before the proposed effective date of the plan
and each approved plan, along with any proposed changes therein, shall
be resubmitted to the chairperson every two years thereafter for
reapproval. The chairperson shall approve or disapprove such plans on
the basis of standards established by the chairperson in consultation
with a medical advisory panel appointed by the chairperson. Such
standards shall include, but not be limited to: (1) The ability of the plan
to provide all medical and health care services that may be required
under this chapter in a manner that is timely, effective and convenient
for the employees; (2) the inclusion in the plan of all categories of
medical service and of an adequate number of providers of each type of Substitute House Bill No. 6797
Public Act No. 23-32 2 of 6
medical service in accessible locations to ensure that employees are
given an adequate choice of providers; (3) the provision in the plan for
appropriate financial incentives to reduce service costs and utilization
without a reduction in the quality of service; (4) the inclusion in the plan
of fee screening, peer review, service utilization review and dispute
resolution procedures designed to prevent inappropriate or excessive
treatment; [and] (5) the inclusion in the plan of a procedure by which
information on medical and health care service costs and utilization will
be reported to the chairperson in order for him to determine the
effectiveness of the plan; and (6) the inclusion in the plan of an
administrative process that permits an employee to seek, without
limitation, a determination of the necessity or appropriateness of
medical and health care services recommended by providers of a
medical care plan and the payment for such appropriate, medically
necessary health care services.
Sec. 2. (Effective from passage) (a) On or before August 15, 2023, the
chairpersons of the joint standing committee of the General Assembly
having cognizance of matters relating to the judiciary, or their
designees, shall convene a working group to review provisions of the
general statutes relating to medical records to develop legislative
recommendations to (1) streamline medical record requests from third-
party requestors to health care providers in order to obtain copies of
medical records in a timely fashion, and (2) revise provisions of the
general statutes to provide for the reasonable assessment of fees for
expenses incurred when responding to requests for copies of medical
records, including electronic medical records.
(b) The working group convened pursuant to subsection (a) of this
section shall consist of:
(1) The chairpersons of the joint standing committee of the General
Assembly having cognizance of matters relating to the judiciary, or their
designees; Substitute House Bill No. 6797
Public Act No. 23-32 3 of 6
(2) The ranking members of the joint standing committee of the
General Assembly having cognizance of matters relating to the
judiciary, or their designees;
(3) The chairpersons of the joint standing committee of the General
Assembly having cognizance of matters relating to public health, or
their designees;
(4) The ranking members of the joint standing committee of the
General Assembly having cognizance of matters relating to public
health, or their designees;
(5) The agency legal director for the Workers' Compensation
Commission, or the director's designee; and
(6) The following persons, who shall be jointly appointed by the
chairpersons of the joint standing committee of the General Assembly
having cognizance of matters relating to the judiciary, or their
designees:
(A) A representative of a national third-party medical records
provider;
(B) A representative of a national association representing third-party
medical records providers;
(C) An attorney who specializes in personal injury law;
(D) An attorney who specializes in workers' compensation law;
(E) A representative of a state-wide bar association representing
attorneys;
(F) A representative of a state-wide association representing
hospitals; Substitute House Bill No. 6797
Public Act No. 23-32 4 of 6
(G) A representative of a state-wide association representing
physicians; and
(H) A representative of a state-wide association representing medical
specialty providers.
(c) All appointments to the working group shall be made not later
than thirty days after the effective date of this section.
(d) The chairpersons of the joint standing committee of the General
Assembly having cognizance of matters relating to the judiciary, or their
designees, shall serve as the chairpersons of the working group. The
working group shall meet not less than monthly and at such other times
as may be necessary upon the call of the chairpersons of the working
group.
(e) Not later than February 1, 2024, the working group shall submit a
report on its findings and legislative recommendations to the joint
standing committees of the General Assembly having cognizance of
matters relating to the judiciary and public health, in accordance with
the provisions of section 11-4a of the general statutes. The working
group shall terminate on the date that it submits such report or February
1, 2024, whichever is later.
Sec. 3. (Effective from passage) (a) On or before August 15, 2023, the
chairpersons of the joint standing committee of the General Assembly
having cognizance of matters relating to the judiciary, or their
designees, shall convene a working group to review the level of partial
permanent disability payments available to injured employees under
chapter 568 of the general statutes. Such review shall include an
assessment of whether: (1) The provisions of the general statutes
adequately protect all injured employees in the state, and (2) the
provisions of the general statutes prescribing benefit levels should be
revised. Substitute House Bill No. 6797
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(b) The working group convened pursuant to subsection (a) of this
section shall consist of:
(1) The chairpersons of the joint standing committee of the General
Assembly having cognizance of matters relating to the judiciary, or their
designees;
(2) The ranking members of the joint standing committee of the
General Assembly having cognizance of matters relating to the
judiciary, or their designees;
(3) The chairpersons of the joint standing committee of the General
Assembly having cognizance of matters relating to labor and public
employees, or their designees;
(4) The ranking members of the joint standing committee of the
General Assembly having cognizance of matters relating to labor and
public employees, or their designees;
(5) The agency legal director for the Workers' Compensation
Commission, or the director's designee; and
(6) The following persons, who shall be jointly appointed by the
chairpersons of the joint standing committee of the General Assembly
having cognizance of matters relating to the judiciary, or their
designees:
(A) An attorney who specializes in representing claimants appearing
before the Workers' Compensation Commission;
(B) An attorney who specializes in representing respondents
appearing before the Workers' Compensation Commission;
(C) A representative of a state-wide bar association representing
attorneys; Substitute House Bill No. 6797
Public Act No. 23-32 6 of 6
(D) A representative of a state-wide association representing trial
attorneys; and
(E) A representative of a state-wide association representing workers'
compensation insurers in the state.
(c) All appointments to the working group shall be made not later
than thirty days after the effective date of this section.
(d) The chairpersons of the joint standing committee of the General
Assembly having cognizance of matters relating to the judiciary, or their
designees, shall serve as the chairpersons of the working group. The
working group shall meet not less than monthly and at such other times
as may be necessary upon the call of the chairpersons of the working
group.
(e) Not later than February 1, 2024, the working group shall submit a
report on its findings and legislative recommendations to the joint
standing committees of the General Assembly having cognizance of
matters relating to the judiciary and labor and public employees, in
accordance with the provisions of section 11-4a of the general statutes.
The working group shall terminate on the date that it submits such
report or February 1, 2024, whichever is later.