Washington State House of Representatives Office of Program Research	BILL ANALYSIS
Commerce & Labor Committee

SSB 5205

Brief Description:  Requiring self‑insurers and the department to provide information for independent medical examinations.

Sponsors:  By Senate Committee on Labor, Commerce & Financial Institutions (originally sponsored by Senators Prentice, Winsley, Fairley and T. Sheldon).

Brief Summary of Substitute Bill

$Requires the Department of Labor and Industries and self-insured employers to provide all relevant medical records from an injured worker=s claim file to a physician examining the worker.

Hearing Date:  3/28/01

Staff:  Chris Cordes (786‑7103).

Background: 

If the Department of Labor and Industries or a self-insured employer finds a medical examination necessary to resolve a medical issue in an industrial insurance case, the department may order the injured worker to be examined by a physician the department selects.  This physician will make a report to the person ordering the examination.  The report will include a review of the history of the injury, the current symptoms, the worker=s current work status, the past medical history and socioeconomic history, a review of systems, and a review of the injured worker=s medical records.

Self-insured employers are subject to a penalty of up to $500 for the benefit of the injured worker if, among other things, the self-insurer fails to provide a free copy of the worker=s claim file within 15 days of the worker=s request.

Summary of Bill: 

The Department of Labor and Industries and self-insured employers must provide all relevant medical records from an injured worker=s claim file to a physician examining the worker.  This requirement applies to self-insurers only to the extent it applies to the department.

The self-insurer=s failure to provide all relevant medical records to the examining physician is subject to the same penalty as the self-insurer=s failure to provide copies of claim files on the worker=s request.

Rules Authority:  The bill does not contain provisions addressing the rule-making powers of an agency.

Appropriation:  None.

Fiscal Note:  Available.

Effective Date:  Ninety days after adjournment of session in which bill is passed.