Indiana 2025 Regular Session

Indiana House Bill HB1182 Compare Versions

Only one version of the bill is available at this time.

Old	New	Differences
1	1
2	2	Introduced Version
3	3	HOUSE BILL No. 1182
4	4	_____
5	5	DIGEST OF INTRODUCED BILL
6	6	Citations Affected: IC 22-3-3-4; IC 22-3-7-17.
7	7	Synopsis: Choice of physician for worker injury or disease. Permits an
8	8	employee to choose the attending physician who will provide services
9	9	and goods resulting from an employment injury or occupational disease
10	10	for purposes of the worker's compensation law.
11	11	Effective: Upon passage; July 1, 2025.
12	12	Moseley
13	13	January 8, 2025, read first time and referred to Committee on Employment, Labor and
14	14	Pensions.
15	15	2025 IN 1182—LS 6545/DI 153 Introduced
16	16	First Regular Session of the 124th General Assembly (2025)
17	17	PRINTING CODE. Amendments: Whenever an existing statute (or a section of the Indiana
18	18	Constitution) is being amended, the text of the existing provision will appear in this style type,
19	19	additions will appear in this style type, and deletions will appear in this style type.
20	20	Additions: Whenever a new statutory provision is being enacted (or a new constitutional
21	21	provision adopted), the text of the new provision will appear in this style type. Also, the
22	22	word NEW will appear in that style type in the introductory clause of each SECTION that adds
23	23	a new provision to the Indiana Code or the Indiana Constitution.
24	24	Conflict reconciliation: Text in a statute in this style type or this style type reconciles conflicts
25	25	between statutes enacted by the 2024 Regular Session of the General Assembly.
26	26	HOUSE BILL No. 1182
27	27	A BILL FOR AN ACT to amend the Indiana Code concerning labor
28	28	and safety.
29	29	Be it enacted by the General Assembly of the State of Indiana:
30	30	1 SECTION 1. IC 22-3-3-4, AS AMENDED BY P.L.275-2013,
31	31	2 SECTION 2, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
32	32	3 JULY 1, 2025]: Sec. 4. (a) After an injury and prior to an adjudication
33	33	4 of permanent impairment, the employer shall furnish or cause to be
34	34	5 furnished, is responsible for providing, free of charge to the
35	35	6 employee, an attending physician for the treatment of the employee's
36	36	7 injuries, and in addition thereto such the services and products as that
37	37	8 the attending physician or the worker's compensation board may deem
38	38	9 reasonably necessary. After June 30, 2025, the employee is entitled
39	39	10 to choose the attending physician that the employer is required to
40	40	11 provide, free of charge, regardless of whether the injury occurred
41	41	12 before July 1, 2025. If, due to the nature of the injury, the employee
42	42	13 is unable to select an attending physician or does not select an
43	43	14 attending physician and the nature of the injury requires
44	44	15 immediate treatment and care, the employer shall select an
45	45	16 attending physician for the employee as required or appropriate to
46	46	17 provide immediate treatment and care. The employer shall provide
47	47	2025 IN 1182—LS 6545/DI 153 2
48	48	1 or cause to be provided an attending physician during any time
49	49	2 that the employee has not chosen an attending physician. When
50	50	3 medically necessary or advisable, or at the request of the employee,
51	51	4 the attending physician shall consult with the employee's personal
52	52	5 physician. Notice that the employee has chosen an attending
53	53	6 physician and notice of the provision of services and products as
54	54	7 they occur shall be given to the employer and the employer's
55	55	8 insurance carrier as required under rules adopted by the worker's
56	56	9 compensation board. If the employee is requested or required by the
57	57	10 employer to submit to treatment outside the county of employment, the
58	58	11 employer shall also pay the reasonable expense of travel, food, and
59	59	12 lodging necessary during the travel, but not to exceed the amount paid
60	60	13 at the time of the travel by the state to its employees under the state
61	61	14 travel policies and procedures established by the department of
62	62	15 administration and approved by the state budget agency. If the
63	63	16 treatment or travel to or from the place of treatment causes a loss of
64	64	17 working time to the employee, the employer shall reimburse the
65	65	18 employee for the loss of wages using the basis of the employee's
66	66	19 average daily wage.
67	67	20 (b) During the period of temporary total disability resulting from the
68	68	21 injury, the employer shall furnish is responsible for providing to the
69	69	22 employee, free of charge, the physician, services, and products, and
70	70	23 the worker's compensation board may, on proper application of either
71	71	24 party, require that treatment by the physician and services and products
72	72	25 be furnished by or on behalf of the employer as the worker's
73	73	26 compensation board may deem reasonably necessary. After June 30,
74	74	27 2025, the employee is entitled to choose the physician and obtain
75	75	28 the services and products that the chosen physician or the worker's
76	76	29 compensation board deem reasonably necessary, free of charge,
77	77	30 regardless of whether the injury occurred before July 1, 2025. The
78	78	31 employer shall provide or cause to be provided an attending
79	79	32 physician during any time that the employee has not chosen an
80	80	33 attending physician. When medically necessary or advisable, or at
81	81	34 the request of the employee, the attending physician shall consult
82	82	35 with the employee's personal physician. Notice that the employee
83	83	36 has received physician services and products chosen by the
84	84	37 employee shall be given to the employer and the employer's
85	85	38 insurance carrier as required under the rules of the worker's
86	86	39 compensation board.
87	87	40 (c) After an employee's injury has been adjudicated by agreement
88	88	41 or award on the basis of permanent partial impairment and within the
89	89	42 statutory period for review in such case as provided in section 27 of
90	90	2025 IN 1182—LS 6545/DI 153 3
91	91	1 this chapter, the employer may continue to furnish provide to the
92	92	2 employee, free of charge, a physician or surgeon and other medical
93	93	3 services and products, and the worker's compensation board may within
94	94	4 the statutory period for review as provided in section 27 of this chapter,
95	95	5 on a proper application of either party, require that treatment by that
96	96	6 physician and other services and products be furnished by and on
97	97	7 behalf of the employer as the worker's compensation board may deem
98	98	8 necessary to limit or reduce the amount and extent of the employee's
99	99	9 impairment. If the employer chooses to continue providing a
100	100	10 physician or surgeon, after June 30, 2025, the employee is entitled
101	101	11 to choose the physician or surgeon and obtain the services and
102	102	12 products that the chosen physician or surgeon or the worker's
103	103	13 compensation board deem reasonably necessary, regardless of
104	104	14 whether the injury occurred before July 1, 2025. The employer
105	105	15 may provide or cause to be provided the physician or surgeon
106	106	16 during any time that the employee has not chosen an attending
107	107	17 physician. When medically necessary or advisable, or at the
108	108	18 request of the employee, the attending physician shall consult with
109	109	19 the employee's personal physician. Notice that the employee has
110	110	20 received physician or surgeon services and products chosen by the
111	111	21 employee shall be given to the employer and the employer's
112	112	22 insurance carrier as required under the rules of the worker's
113	113	23 compensation board. The refusal of the employee to accept such
114	114	24 services and products, when provided by or on behalf of the employer,
115	115	25 shall bar the employee from all compensation otherwise payable during
116	116	26 the period of the refusal, and the employee's right to prosecute any
117	117	27 proceeding under IC 22-3-2 through IC 22-3-6 shall be suspended and
118	118	28 abated until the employee's refusal ceases. The employee must be
119	119	29 served with a notice setting forth the consequences of the refusal under
120	120	30 this section. The notice must be in a form prescribed by the worker's
121	121	31 compensation board. No compensation for permanent total impairment,
122	122	32 permanent partial impairment, permanent disfigurement, or death shall
123	123	33 be paid or payable for that part or portion of the impairment,
124	124	34 disfigurement, or death which is the result of the failure of the
125	125	35 employee to accept the services and products required under this
126	126	36 section. However, an employer may at any time permit an employee to
127	127	37 have treatment for the employee's injuries by spiritual means or prayer
128	128	38 in lieu of the physician or surgeon and other services and products
129	129	39 required under this section.
130	130	40 (d) If, because of an emergency, or because of the employer's failure
131	131	41 to provide an attending physician or services and products, or treatment
132	132	42 by spiritual means or prayer, as required by this section, or because of
133	133	2025 IN 1182—LS 6545/DI 153 4
134	134	1 any other good reason, a physician other than that provided by the
135	135	2 employer chosen by the employee and not otherwise furnished by
136	136	3 the employer treats the injured employee during the period of the
137	137	4 employee's temporary total disability, or necessary and proper services
138	138	5 and products are procured within the period, the reasonable cost of
139	139	6 those services and products shall, subject to the approval of the
140	140	7 worker's compensation board, be paid by the employer.
141	141	8 (e) An employer or employer's insurance carrier may not delay the
142	142	9 provision of emergency medical care whenever emergency medical
143	143	10 care is considered necessary in the professional judgment of the
144	144	11 attending health care facility physician.
145	145	12 (f) Regardless of when it occurs, where a compensable injury results
146	146	13 in the amputation of a body part, the enucleation of an eye, or the loss
147	147	14 of natural teeth, the employer shall furnish an appropriate artificial
148	148	15 member, braces, and prosthodontics. The cost of repairs to or
149	149	16 replacements for the artificial members, braces, or prosthodontics that
150	150	17 result from a compensable injury pursuant to a prior award and are
151	151	18 required due to either medical necessity or normal wear and tear,
152	152	19 determined according to the employee's individual use, but not abuse,
153	153	20 of the artificial member, braces, or prosthodontics, shall be paid from
154	154	21 the second injury fund upon order or award of the worker's
155	155	22 compensation board. The employee is not required to meet any other
156	156	23 requirement for admission to the second injury fund.
157	157	24 (g) If an accident arising out of and in the course of employment
158	158	25 after June 30, 1997, results in the loss of or damage to an artificial
159	159	26 member, a brace, an implant, eyeglasses, prosthodontics, or other
160	160	27 medically prescribed device, the employer shall repair the artificial
161	161	28 member, brace, implant, eyeglasses, prosthodontics, or other medically
162	162	29 prescribed device or furnish an identical or a reasonably equivalent
163	163	30 replacement.
164	164	31 (h) This section may not be construed to prohibit an agreement
165	165	32 between an employer and the employer's employees that has the
166	166	33 approval of the board and that binds the parties to:
167	167	34 (1) medical care furnished by medical service providers selected
168	168	35 by agreement before or after injury; or
169	169	36 (2) the findings of a medical service provider who was chosen by
170	170	37 agreement.
171	171	38 SECTION 2. IC 22-3-7-17, AS AMENDED BY P.L.275-2013,
172	172	39 SECTION 14, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
173	173	40 JULY 1, 2025]: Sec. 17. (a) During the period of disablement, the
174	174	41 employer shall furnish or cause to be furnished, is responsible for
175	175	42 providing, free of charge to the employee, an attending physician for
176	176	2025 IN 1182—LS 6545/DI 153 5
177	177	1 the treatment of the employee's occupational disease, and in addition
178	178	2 thereto such services and products as the attending physician or the
179	179	3 worker's compensation board may deem necessary. After June 30,
180	180	4 2025, the employee is entitled to choose the attending physician
181	181	5 that the employer is required to provide, free of charge, regardless
182	182	6 of whether the occupational disease occurred before July 1, 2025.
183	183	7 If, due to the nature of the occupational disease, the employee is
184	184	8 unable to select an attending physician or does not select an
185	185	9 attending physician and the nature of the occupational disease
186	186	10 requires immediate treatment and care, the employer shall select
187	187	11 an attending physician for the employee as required or appropriate
188	188	12 to provide immediate treatment and care. The employer shall
189	189	13 provide or cause to be provided an attending physician during any
190	190	14 time that the employee has not chosen an attending physician.
191	191	15 When medically necessary or advisable, or at the request of the
192	192	16 employee, the attending physician shall consult with the employee's
193	193	17 personal physician. Notice that the employee has chosen an
194	194	18 attending physician and notice of the provision of services and
195	195	19 products as they occur shall be given to the employer and the
196	196	20 employer's insurance carrier as required under rules adopted by
197	197	21 the worker's compensation board. If the employee is requested or
198	198	22 required by the employer to submit to treatment outside the county of
199	199	23 employment, the employer shall also pay the reasonable expense of
200	200	24 travel, food, and lodging necessary during the travel, but not to exceed
201	201	25 the amount paid at the time of the travel by the state of Indiana to its
202	202	26 employees. If the treatment or travel to or from the place of treatment
203	203	27 causes a loss of working time to the employee, the employer shall
204	204	28 reimburse the employee for the loss of wages using the basis of the
205	205	29 employee's average daily wage.
206	206	30 (b) During the period of disablement resulting from the occupational
207	207	31 disease, the employer shall furnish is responsible for providing to the
208	208	32 employee, free of charge, such physician, services and products, and
209	209	33 the worker's compensation board may, on proper application of either
210	210	34 party, require that treatment by such physician and such services and
211	211	35 products be furnished by or on behalf of the employer as the board may
212	212	36 deem reasonably necessary. After June 30, 2025, the employee is
213	213	37 entitled to choose the physician and obtain the services and
214	214	38 products that the chosen physician or the worker's compensation
215	215	39 board deem reasonably necessary, free of charge, regardless of
216	216	40 whether the occupational disease occurred before July 1, 2025. The
217	217	41 employer shall provide or cause to be provided an attending
218	218	42 physician during any time that the employee has not chosen an
219	219	2025 IN 1182—LS 6545/DI 153 6
220	220	1 attending physician. When medically necessary or advisable, or at
221	221	2 the request of the employee, the attending physician shall consult
222	222	3 with the employee's personal physician. Notice that the employee
223	223	4 has received physician services and products chosen by the
224	224	5 employee shall be given to the employer and the employer's
225	225	6 insurance carrier as required under the rules of the worker's
226	226	7 compensation board. After an employee's occupational disease has
227	227	8 been adjudicated by agreement or award on the basis of permanent
228	228	9 partial impairment and within the statutory period for review in such
229	229	10 case as provided in section 27(i) of this chapter, the employer may
230	230	11 continue to furnish a physician or a surgeon and other services and
231	231	12 products, and the board may, within such statutory period for review as
232	232	13 provided in section 27(i) of this chapter, on a proper application of
233	233	14 either party, require that treatment by such physician or surgeon and
234	234	15 such services and products be furnished by and on behalf of the
235	235	16 employer as the board may deem necessary to limit or reduce the
236	236	17 amount and extent of such impairment. If the employer chooses to
237	237	18 continue providing a physician or surgeon, after June 30, 2025, the
238	238	19 employee is entitled to choose the physician or surgeon and obtain
239	239	20 the services and products that the chosen physician or surgeon or
240	240	21 the worker's compensation board deem reasonably necessary,
241	241	22 regardless of whether the occupational disease occurred before
242	242	23 July 1, 2025. The employer may provide or cause to be provided
243	243	24 the physician or surgeon during any time that the employee has not
244	244	25 chosen an attending physician. When medically necessary or
245	245	26 advisable, or at the request of the employee, the attending
246	246	27 physician shall consult with the employee's personal physician.
247	247	28 Notice that the employee has received physician or surgeon
248	248	29 services and products chosen by the employee shall be given to the
249	249	30 employer and the employer's insurance carrier as required under
250	250	31 the rules of the worker's compensation board. The refusal of the
251	251	32 employee to accept such services and products when so provided by or
252	252	33 on behalf of the employer, shall bar the employee from all
253	253	34 compensation otherwise payable during the period of such refusal and
254	254	35 the employee's right to prosecute any proceeding under this chapter
255	255	36 shall be suspended and abated until such refusal ceases. The employee
256	256	37 must be served with a notice setting forth the consequences of the
257	257	38 refusal under this section. The notice must be in a form prescribed by
258	258	39 the worker's compensation board. No compensation for permanent total
259	259	40 impairment, permanent partial impairment, permanent disfigurement,
260	260	41 or death shall be paid or payable for that part or portion of such
261	261	42 impairment, disfigurement, or death which is the result of the failure of
262	262	2025 IN 1182—LS 6545/DI 153 7
263	263	1 such employee to accept such services and products, provided that an
264	264	2 employer may at any time permit an employee to have treatment for the
265	265	3 employee's disease or injury by spiritual means or prayer in lieu of such
266	266	4 physician, services and products.
267	267	5 (c) Regardless of when it occurs, where a compensable occupational
268	268	6 disease results in the amputation of a body part, the enucleation of an
269	269	7 eye, or the loss of natural teeth, the employer shall furnish an
270	270	8 appropriate artificial member, braces, and prosthodontics. The cost of
271	271	9 repairs to or replacements for the artificial members, braces, or
272	272	10 prosthodontics that result from a compensable occupational disease
273	273	11 pursuant to a prior award and are required due to either medical
274	274	12 necessity or normal wear and tear, determined according to the
275	275	13 employee's individual use, but not abuse, of the artificial member,
276	276	14 braces, or prosthodontics, shall be paid from the second injury fund
277	277	15 upon order or award of the worker's compensation board. The
278	278	16 employee is not required to meet any other requirement for admission
279	279	17 to the second injury fund.
280	280	18 (d) If an emergency or because of the employer's failure to provide
281	281	19 such attending physician or such services and products or such
282	282	20 treatment by spiritual means or prayer as specified in this section, or for
283	283	21 other good reason, a physician other than that provided by the employer
284	284	22 chosen by the employee and not otherwise furnished by the
285	285	23 employer treats the diseased employee within the period of disability,
286	286	24 or necessary and proper services and products are procured within the
287	287	25 period, the reasonable cost of such services and products shall, subject
288	288	26 to approval of the worker's compensation board, be paid by the
289	289	27 employer.
290	290	28 (e) An employer or employer's insurance carrier may not delay the
291	291	29 provision of emergency medical care whenever emergency medical
292	292	30 care is considered necessary in the professional judgment of the
293	293	31 attending health care facility physician.
294	294	32 (f) This section may not be construed to prohibit an agreement
295	295	33 between an employer and employees that has the approval of the board
296	296	34 and that:
297	297	35 (1) binds the parties to medical care furnished by medical service
298	298	36 providers selected by agreement before or after disablement; or
299	299	37 (2) makes the findings of a medical service provider chosen in
300	300	38 this manner binding upon the parties.
301	301	39 (g) The employee and the employee's estate do not have liability to
302	302	40 a medical service provider for payment for services obtained under this
303	303	41 section. The right to order payment for all services provided under this
304	304	42 chapter is solely with the board. All claims by a medical service
305	305	2025 IN 1182—LS 6545/DI 153 8
306	306	1 provider for payment for services are against the employer and the
307	307	2 employer's insurance carrier, if any, and must be made with the board
308	308	3 under this chapter. After June 30, 2011, a medical service provider
309	309	4 must file an application for adjustment of a claim for a medical service
310	310	5 provider's fee with the board not later than two (2) years after the
311	311	6 receipt of an initial written communication from the employer, the
312	312	7 employer's insurance carrier, if any, or an agent acting on behalf of the
313	313	8 employer after the medical service provider submits a bill for services.
314	314	9 To offset a part of the board's expenses related to the administration of
315	315	10 medical service provider reimbursement disputes, a medical service
316	316	11 facility shall pay a filing fee of sixty dollars ($60) in a balance billing
317	317	12 case. The filing fee must accompany each application filed with the
318	318	13 board. If an employer, employer's insurance carrier, or an agent acting
319	319	14 on behalf of the employer denies or fails to pay any amount on a claim
320	320	15 submitted by a medical service facility, a filing fee is not required to
321	321	16 accompany an application that is filed for the denied or unpaid claim.
322	322	17 A medical service provider may combine up to ten (10) individual
323	323	18 claims into one (1) application whenever:
324	324	19 (1) all individual claims involve the same employer, insurance
325	325	20 carrier, or billing review service; and
326	326	21 (2) the amount of each individual claim does not exceed two
327	327	22 hundred dollars ($200).
328	328	23 SECTION 3. [EFFECTIVE UPON PASSAGE] (a) The worker's
329	329	24 compensation board of Indiana may adopt rules under IC 4-22-2
330	330	25 to implement the amendments made by this act to IC 22-3-3-4 and
331	331	26 IC 22-3-7-17.
332	332	27 (b) This SECTION expires December 31, 2026.
333	333	28 SECTION 4. An emergency is declared for this act.
334	334	2025 IN 1182—LS 6545/DI 153