H-3981.1  _______________________________________________

                          HOUSE BILL 2653

          _______________________________________________

State of Washington      55th Legislature     1998 Regular Session

By Representatives Romero, Backlund, Conway, Clements, Wood, Butler, Dickerson, Smith, Gardner and Thompson

Read first time 01/16/98.  Referred to Committee on Commerce & Labor.

Providing for injured workers' choice of physicians.

    AN ACT Relating to an injured worker's choice of physician; and adding a new section to chapter 51.36 RCW.

BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF WASHINGTON:

NEW SECTION. Sec. 1.  A new section is added to chapter 51.36 RCW to read as follows:

    (1) The department shall adopt rules governing the transfer of an injured worker from the care of one attending physician to another.  The rules must recognize the injured worker's right to an attending physician of his or her choice and may not deny a reasonable request for a transfer.  A rule that permits the department or self-insurer to deny a transfer request and require the worker to select another attending physician must include at least the following:

    (a) If a transfer request raises a concern about the effect of travel on the worker's medical condition, the request may be denied only if there is an alternative qualified provider requiring less travel that meets the preference desired by the worker, including a religious or gender preference; or

    (b) If a transfer request raises a concern about the cost of travel and a more conveniently located alternative qualified provider is available that meets the preference desired by the worker, including a religious or gender preference, then the claimant must be allowed to choose between transferring to the more conveniently located provider or paying for the cost of travel.

    (2) A department order denying a worker's request to transfer from one attending physician to another must specify the reason for the denial.  If denial involves subsection (1)(a) or (b) of this section, the order must state the provider or providers that the department has determined to be appropriate alternatives.  A worker requesting reconsideration of a denial order may also request a review by the medical director to obtain a recommendation to the supervisor of industrial insurance regarding the care option, under all the circumstances, most likely to result in the best quality care for the worker.

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