HLS 12RS-1006 ENGROSSED
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CODING: Words in struck through type are deletions from existing law; words underscored
are additions.
Regular Session, 2012
HOUSE BILL NO. 298
BY REPRESENTATIVE BROADWATER
WORKERS COMPENSATI ON: Provides with respect to provider communication in
workers' compensation claims
AN ACT1
To amend and reenact R.S. 23:1127(C)(3), relative to written communication in workers'2
compensation claims; to provide for transmission by electronic mail in certain3
circumstances; and to provide for related matters.4
Be it enacted by the Legislature of Louisiana:5
Section 1. R.S. 23:1127(C)(3) is hereby amended and reenacted to read as follows:6
ยง1127. Release of medical records and information7
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C.9
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(3) In addition to any other duty or responsibility provided by law, a case11
manager or vocational rehabilitation counselor who is a party to a verbal12
communication with the health care provider regarding an employee, as authorized13
by Paragraph (1) of this Subsection, shall, within five working days of the14
communication, mail a written summary of the communication and any work15
restrictions or modifications required for the employee's reasonable return to16
employment to the employee, his representative, and the health care provider. The17
summary shall be mailed by certified mail, return receipt requested, to the employee18
or his representative, or by electronic mail if the employee or his representative19
consents in writing to such method of transmission. It shall include a narration of20 HLS 12RS-1006 ENGROSSED
HB NO. 298
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CODING: Words in struck through type are deletions from existing law; words underscored
are additions.
any diagnosis or opinion given or discussed, any conclusions reached concerning the1
vocational rehabilitation plan, any return to work opportunities discussed consistent2
with the vocational rehabilitation plan, and the medical evaluation of the health care3
provider.4
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DIGEST
The digest printed below was prepared by House Legislative Services. It constitutes no part
of the legislative instrument. The keyword, one-liner, abstract, and digest do not constitute
part of the law or proof or indicia of legislative intent. [R.S. 1:13(B) and 24:177(E)]
Broadwater HB No. 298
Abstract: Provides that transmission by e-mail is an acceptable means of sending a
summary of communication between a case manager or vocational rehabilitation
counselor and health care provider in workers' compensation claims.
Present law provides that in workers' compensation cases, a health care provider shall
release an employee's medical records to the employee or his agent, the rehabilitation
counselor, another health care provider, the employer or his agent, or the workers'
compensation insurer for the purpose of coordinated care for the employee.
Present law provides that information relative to the treatment of the employee shall be
available to the employer or his workers' compensation insurer by subpoena or through
written release of the claimant.
Present law provides that the case manager or vocational rehabilitation counselor who
communicates with the health care provider shall mail a written summary of the
communication and any work restrictions or modifications required for the employee's
reasonable return to employment to the employee, his representative, and the health care
provider within five working days.
Proposed law retains present law and further provides that the written summary may be sent
by e-mail, if authorized in writing by the employee or his representative.
(Amends R.S. 23:1127(C)(3))
Summary of Amendments Adopted by House
Committee Amendments Proposed by House Committee on Labor and Industrial
Relations to the original bill.
1. Required that the consent to receive the vocational rehabilitation counselor's
written summary to be sent by e-mail must be in writing.