Session of 2025
SENATE BILL No. 189
By Senators Sykes, Corson, Francisco, Holscher and Pettey
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AN ACT concerning workers compensation; relating to injured employees;
providing the employee the freedom of choice in designating a
healthcare provider; requiring the employer to pay for the services of
the designated healthcare provider; amending K.S.A. 2024 Supp. 44-
510h, 44-510k and 44-525 and repealing the existing sections.
Be it enacted by the Legislature of the State of Kansas:
Section 1. K.S.A. 2024 Supp. 44-510h is hereby amended to read as
follows: 44-510h. (a) It shall be the duty of the employer to provide pay
for the services of a healthcare provider designated by the injured
employee and such any medical, surgical and hospital treatment, including
nursing, medicines, medical and surgical supplies, ambulance, crutches,
apparatus and transportation to and from the home of the injured employee
to a place outside the community in which such employee resides and
within such community if the director, in the director's discretion, so
orders, including transportation expenses computed in accordance with
K.S.A. 44-515(a), and amendments thereto, as may be reasonably
necessary to cure and relieve the employee from the effects of the injury.
(b) (1) If the director finds, upon application of an injured employee,
that the services of the healthcare provider furnished as provided in
subsection (a) and rendered on behalf of the injured employee are not
satisfactory, the director may authorize the appointment of some other
healthcare provider. In any such case, the employer shall submit the names
of two healthcare providers who, if possible given the availability of local
healthcare providers, are not associated in practice together. The injured
employee may select one from the list who shall be the authorized treating
healthcare provider. If the injured employee is unable to obtain satisfactory
services from any of the healthcare providers submitted by the employer
under this paragraph, either party or both parties may request the director
to select a treating healthcare provider.
(2) Without application or approval, an employee may consult a
healthcare provider of the employee's choice for the purpose of
examination, diagnosis or treatment, but the employer shall only be liable
for the fees and charges of such healthcare provider up to a total amount of
$800. The amount allowed for such examination, diagnosis or treatment
shall not be used to obtain a functional impairment rating. Any medical
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opinion obtained in violation of this prohibition shall not be admissible in
any claim proceedings under the workers compensation act.
(c) An injured employee whose injury or disability has been
established under the workers compensation act may rely, if done in good
faith, solely or partially on treatment by prayer or spiritual means in
accordance with the tenets of practice of a church or religious
denomination without suffering a loss of benefits subject to the following
conditions:
(1) The employer or the employer's insurance carrier agrees thereto in
writing either before or after the injury;
(2) the employee submits to all physical examinations required by the
workers compensation act;
(3) the cost of such treatment shall be paid by the employee unless
the employer or insurance carrier agrees to make such payment;
(4) the injured employee shall be entitled only to benefits that would
reasonably have been expected had such employee undergone medical or
surgical treatment; and
(5) the employer or insurance carrier that made an agreement under
paragraph (1) or (3) may withdraw from the agreement on 10 days' written
notice.
(d)(c) In any employment to which the workers compensation act
applies, the employer shall be liable to each employee who is employed as
a duly authorized law enforcement officer, firefighter, an emergency
medical service provider as defined in K.S.A. 65-6112, and amendments
thereto, or a member of a regional emergency medical response team as
provided in K.S.A. 48-928, and amendments thereto, including any person
who is serving on a volunteer basis in such capacity, for all reasonable and
necessary preventive medical care and treatment for hepatitis to which
such employee is exposed under circumstances arising out of and in the
course of employment.
(e)(d) (1) It is presumed that the employer's obligation to provide pay
for the services of a healthcare provider and such medical, surgical and
hospital treatment, including nursing, medicines, medical and surgical
supplies, ambulance, crutches, apparatus and transportation to and from
the home of the injured employee to a place outside the community in
which such employee resides and within such community if the director, in
the director's discretion, so orders, including transportation expenses
computed in accordance with K.S.A. 44-515(a), and amendments thereto,
shall terminate upon the employee reaching maximum medical
improvement.
(2) If the employee has undergone an invasive or surgical procedure
or an authorized treating healthcare provider recommends that the
employee will need an invasive or surgical procedure in the future, the
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presumption in subsection (e)(1) (d)(1) as to termination of the right to
medical treatment may be overcome with evidence that it is more probably
true than not that future medical treatment will be needed after the
employee reaches maximum medical improvement.
(3) In all other cases, such presumption to terminate the right to
medical treatment provided by the employer may be overcome only with
clear and convincing evidence of the need for future medical treatment.
(4) As used in this subsection, "medical treatment" means only that
treatment provided or prescribed by a licensed healthcare provider and
shall not include home exercise programs or over-the-counter medications.
Sec. 2. K.S.A. 2024 Supp. 44-510k is hereby amended to read as
follows: 44-510k. (a) (1) At any time after the entry of an award for
compensation wherein future medical benefits were awarded, the
employee, employer or insurance carrier may make application for a
hearing, in such form as the director may require for the furnishing,
termination or modification of medical treatment. Such post-award hearing
shall be held by the assigned administrative law judge, in any county
designated by the administrative law judge, and the judge shall conduct the
hearing as provided in K.S.A. 44-523, and amendments thereto.
(2) Proceedings for post-award medical benefits shall proceed only
under the provisions set forth in this section. Post-award medical benefits
shall not be pursued or ordered under the procedures set forth in K.S.A.
44-534a, and amendments thereto.
(3) The administrative law judge may:
(A) make an award for further medical care if the administrative law
judge finds that it is more probably true than not that the injury which was
the subject of the underlying award is the prevailing factor in the need for
further medical care and that the care requested is necessary to cure or
relieve the effects of such injury,; or
(B) terminate or modify an award of current or future medical care if
the administrative law judge finds that no further medical care is required,
the injury which was the subject of the underlying award is not the
prevailing factor in the need for further medical care, or that the care
requested is not necessary to cure or relieve the effects of such injury.
(4) If the claimant has not received medical treatment, as defined in
K.S.A. 44-510h(e) 44-510h(d), and amendments thereto, from an
authorized healthcare provider within two years from the date of the award
or two years from the date the claimant last received medical treatment
from an authorized healthcare provider, the employer shall be permitted to
make application under this section for permanent termination of future
medical benefits. In such case, there shall be a presumption that no further
medical care is needed as a result of the underlying injury. The
presumption may be overcome by competent medical evidence.
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(5) No post-award benefits shall be ordered, modified or terminated
without giving all parties to the award the opportunity to present evidence,
including taking testimony on any disputed matters. A finding with regard
to a disputed issue shall be subject to a full review by the board under
K.S.A. 44-551(b), and amendments thereto. Any action of the board
pursuant to post-award orders shall be subject to review under K.S.A. 44-
556, and amendments thereto.
(b) (1) Any application for hearing made pursuant to this section shall
receive priority setting by the administrative law judge, only superseded
by preliminary hearings pursuant to K.S.A. 44-534a, and amendments
thereto.
(2) The application for hearing pursuant to this section shall, with
specificity, identify the post-award medical benefit being sought. If the
employer or insurance carrier provides the requested benefit within 30
days of receipt of the application, it shall be presumed that no costs or
attorney fees shall be awarded. Such presumption may be overcome by
clear and convincing evidence that the attorney pursuing post-award
medical benefits expended significant time or resources in obtaining such
benefits.
(3) The parties shall meet and confer prior to the hearing pursuant to
this section, but a prehearing settlement conference shall not be necessary.
The administrative law judge shall have authority to award medical
treatment relating back to the entry of the underlying award, but in no
event shall such medical treatment relate back more than six months
following the filing of such application for post-award medical treatment.
Reviews taken under this section shall receive priority settings before the
board, only superseded by reviews for preliminary hearings. A decision
shall be rendered by the board within 30 days from the time the review is
submitted.
(c) The administrative law judge may award attorney fees and costs
on the claimant's behalf consistent with K.S.A. 44-536(g), and
amendments thereto. As used in this subsection, "costs" include, but are
not limited to, witness fees, mileage allowances, any costs associated with
reproduction of documents that become a part of the hearing record, the
expense of making a record of the hearing and such other charges as are by
statute authorized to be taxed as costs.
Sec. 3. K.S.A. 2024 Supp. 44-525 is hereby amended to read as
follows: 44-525. (a) Every finding or award of compensation shall be in
writing, signed and acknowledged by the administrative law judge and
shall specify the amount due and unpaid by the employer to the employee
up to the date of the award, if any, and the amount of the payments
thereafter to be paid by the employer to the employee, if any, and the
length of time such payment shall continue. No award shall include the
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right to future medical treatment, unless the claimant establishes the
requirements of K.S.A. 44-510h(e) 44-510h(d), and amendments thereto.
The award of the administrative law judge shall be effective the day
following the date noted in the award.
(b) No award shall be or provide for payment of compensation in a
lump sum, except as to such portion of the compensation as shall be found
to be due and unpaid at the time of the award, or except at the discretion of
the director on settlement agreements, and credit shall be given to the
employer in such award for any amount or amounts paid by the employer
to the employee as compensation prior to the date of the award.
(c) In the event the employee has been overpaid temporary total
disability benefits as described in K.S.A. 44-534a(b), and amendments
thereto, and the employee is entitled to additional disability benefits, the
administrative law judge shall provide for the application of a credit
against such benefits. The credit shall first be applied to the final week of
any such additional disability benefit award and then to each preceding
week until the credit is exhausted.
Sec. 4. K.S.A. 2024 Supp. 44-510h, 44-510k and 44-525 are hereby
repealed.
Sec. 5. This act shall take effect and be in force from and after its
publication in the statute book.
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