The original instrument and the following digest, which constitutes no part of the
legislative instrument, were prepared by Carla S. Roberts.
DIGEST
Cortez (SB 261)
Present law provides that the director of the office of workers' compensation shall have the
authority to contract with a medical director.
Proposed law retains present law but clarifies that the medical director may be contracted or
employed.
Proposed law retains present law but provides that the director of the office of workers'
compensation shall have the authority to contract with or employ an associate medical director.
Proposed law defines "medical director" to mean a physician who meets all of the following
criteria:
(1)Is licensed to practice medicine in the state of La.
(2)Is chosen by the director of the office of workers' compensation as is provided in present
law.
(3)Is a full-time public employee of the office of workers' compensation and will not engage
in the practice of medicine outside the office of workers' compensation.
Proposed law defines "associate medical director" to mean a physician who meets all of the
following criteria:
(1)Is licensed to practice medicine in the state of La.
(2)Is chosen by the director of the office of workers' compensation.
(3)Is a full-time public employee of the office of workers' compensation and will not engage
in the practice of medicine outside the office of workers' compensation.
(4)Assist the medical director.
Proposed law provides that the associate medical director shall have the authority to act in the
place of the medical director regarding disputed cases in any of the following circumstances:
(1) The medical director has a conflict of interest.
(2) The volume of disputed cases is determined by the director to be voluminous. (3) The disputed case is outside the expertise of the medical director.
Proposed law provides that the director shall promulgate rules and regulations to prohibit
potential conflicts of interest by the medical director or the associate medical director.
Present law provides that medical treatment owed to the injured employee shall be done in
accordance with the medical treatment schedule.
Proposed law retains present law but provides that the injured employee is entitled to evaluation
management visits with injured employee's treating physician so long as all of the following are
met:
(1)The medical treatment schedule requires documentation of functional improvement to
continue prescribed treatment.
(2)The number of evaluation management visits is not greater than 12 visits per year.
Proposed law retains present law but provides that, should the payor refuse to authorize the
number of physical therapy treatments prescribed by the treating physician, the payor shall
authorize an evaluation management visit following the last authorized physical therapy
treatment in order to determine if the patient is improving as a result of the physical therapy
treatments authorized and if more physical therapy treatments are medically necessary.
Effective August 1, 2013.
(Amends R.S. 23:1203.1(A) and (F)(5); adds R.S. 23:1203.1(P) and (Q))