Louisiana 2018 Regular Session

Louisiana House Bill HB257

Introduced
2/28/18  
Introduced
2/28/18  
Refer
2/28/18  
Refer
2/28/18  
Refer
3/12/18  

Caption

Provides for certain deadlines for treatment and appeals pursuant to the medical treatment schedule

Impact

The bill seeks to amend the Louisiana Revised Statutes concerning workers' compensation, particularly the medical treatment schedule. It reiterates that claims for medical benefits must either be agreed upon or formally filed within one year of the incident. The proposed changes would allow injured parties more flexibility in appealing denial decisions, thus potentially improving patient access to medical treatment following a worker-related injury. However, it imposes strict timelines that claimants must adhere to, which could influence their ability to pursue legitimate complaints.

Summary

House Bill 257 addresses specific time limits and guidelines for the appeal process of decisions made by the medical director regarding workers' compensation claims. It aims to provide clarity on the timeliness of filing appeals for treatment requests and establishes a 30-day window for such actions. By maintainingsome provisions of existing law, it ensures that while decisions can be appealed, they do not impact future requests for the same treatment, thus enhancing rights for injured workers.

Sentiment

Discussions around HB 257 indicate a generally supportive sentiment from proponents advocating for the rights of injured workers to have clear and accessible avenues for appeal. However, there is also concern over the rigidity of the time limits imposed, which some stakeholders fear may hinder some individuals' abilities to secure necessary treatments. The sentiment reflects a balance between ensuring timely appeals and the risks of placing too much burden on claimants who may struggle to navigate the legal framework.

Contention

Notable points of contention surrounding HB 257 involve the implications of introducing stricter deadlines while maintaining the ability for claimants to challenge medical decisions. Some legislators and advocates express concerns that these deadlines could serve as barriers to necessary medical care and might lead to injustices for claimants who miss these windows. The debate centers around ensuring sufficient protections for workers' rights while establishing clear procedural guidelines for the medical treatment and appeals process.

Companion Bills

No companion bills found.

Previously Filed As

LA HB205

Provides with respect to the medical treatment schedule

LA HB1190

Provides with respect to the medical treatment schedule

LA HB450

Provides with respect to the medical treatment schedule (EN +$81,000 SD EX See Note)

LA SB88

Provides relative to the workers' compensation medical treatment schedule. (8/1/19)

LA HB502

Provides relative to a payor's failure to authorize an approved medical treatment or testing

LA SB431

Provides prospective application only of new medical treatment schedule. (8/1/12)

LA HB495

Provides for appeals to the medical director

LA SB180

Provides for tort liability for a worker's compensation insurer that causes further injury through the unreasonable denial of medical treatment to an injured worker. (8/1/18)

LA AB2848

Workers’ compensation: medical treatment.

LA HB496

Provides for prospective application of new medical treatment guidelines

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WV HB3158

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CA SB507

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CA AB2848

Workers’ compensation: medical treatment.

CA SB924

Workers’ compensation: utilization review.

LA HB450

Provides with respect to the medical treatment schedule (EN +$81,000 SD EX See Note)