H-4580.2 _______________________________________________
HOUSE BILL 3129
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State of Washington 56th Legislature 2000 Regular Session
By Representative Sullivan
Read first time 02/08/2000. Referred to Committee on Financial Institutions & Insurance.
AN ACT Relating to appealing certain medical examination results; amending RCW 48.22.085; and creating a new section.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF WASHINGTON:
NEW SECTION. Sec. 1. The legislature finds that chiropractors suffer from unfair treatment from insurance companies in comparison with other health care providers. Specifically, insurance companies often use the process of an independent medical examination to limit an insured's use of chiropractic health services. The legislature finds that this practice is against public policy and that chiropractors provide a valuable service to the public.
Sec. 2. RCW 48.22.085 and 1993 c 242 s 2 are each amended to read as follows:
(1) No new automobile liability insurance policy or renewal of such an existing policy may be issued unless personal injury protection coverage benefits at limits established in this chapter for medical and hospital expenses, funeral expenses, income continuation, and loss of services sustained by an insured because of bodily injury caused by an automobile accident are offered as an optional coverage.
(2) A named insured may reject, in writing, personal injury protection coverage and the requirements of subsection (1) of this section shall not apply. If a named insured has rejected personal injury protection coverage, that rejection shall be valid and binding as to all levels of coverage and on all persons who might have otherwise been insured under such coverage. If a named insured has rejected personal injury protection coverage, such coverage shall not be included in any supplemental, renewal, or replacement policy unless a named insured subsequently requests such coverage in writing.
(3) Any insured person who submits to an independent medical examination for a chiropractic care condition, and who receives a report concerning the independent medical examination for a chiropractic condition that he or she feels is incorrect or unwarranted, may appeal the finding of the examination with the commissioner's office. The commissioner or his or her designee shall take such action as is necessary to review each appealed case, and issue a determination within thirty days of the receipt of the appeal. The commissioner or his or her designee must issue a determination that finds that the results of the independent medical examination are valid, and deny the appeal, or issue a determination that the results of the independent medical examination are incorrect, and allow the insured person to continue to receive covered chiropractic care for an additional six months. The commissioner may adopt rules to implement the provisions of this subsection.
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