CERTIFICATION OF ENROLLMENT
SUBSTITUTE SENATE BILL 5205
Chapter
152, Laws of 2001
57th
Legislature
2001
Regular Session
INDUSTRIAL INSURANCE‑‑WORKER'S
CLAIM FILE RECORDS
EFFECTIVE
DATE: 7/22/01
|
Passed by the Senate March 14, 2001
YEAS 49 NAYS 0
ROSA
FRANKLIN
President of the Senate
Passed by the House April 6,
2001
YEAS 93 NAYS 0
FRANK
CHOPP
Speaker of the House of
Representatives
CLYDE
BALLARD
Speaker
of the House of Representatives
|
|
CERTIFICATE
I, Tony M. Cook, Secretary of
the Senate of the State of Washington, do hereby certify that the attached is
SUBSTITUTE SENATE BILL 5205 as passed by the Senate and the House of
Representatives on the dates hereon set forth.
TONY M.
COOK
Secretary
|
|
Approved
May 2, 2001.
GARY
LOCKE
Governor of the State of
Washington
|
|
FILED
May 2,
2001 ‑ 10:44 a.m.
Secretary
of State
State
of Washington
|
_____________________________________________
SUBSTITUTE
SENATE BILL 5205
_____________________________________________
Passed
Legislature ‑ 2001 Regular Session
State
of Washington 57th Legislature 2001 Regular Session
By
READ
FIRST TIME 02/12/01.
Requiring self‑insurers and the department to
provide information for independent medical examinations.
AN
ACT Relating to providing information for independent medical examinations; and
amending RCW 51.14.120 and 51.36.070.
BE IT
ENACTED BY THE LEGISLATURE OF THE STATE OF WASHINGTON:
Sec.
1. RCW
51.14.120 and 1993 c 122 s 2 are each amended to read as follows:
(1)
The self-insurer shall provide, when authorized under RCW 51.28.070, a copy of
the employee's claim file at no cost within fifteen days of receipt of a
request by the employee or the employee's representative, and shall provide
the physician performing an examination with all relevant medical records from
the worker's claim file, but only to the extent required of the department
under RCW 51.36.070. If the self-insured employer determines that release
of the claim file to an unrepresented worker in whole or in part, may not be in
the worker's best interests, the employer must submit a request for denial with
an explanation along with a copy of that portion of the claim file not
previously provided within twenty days after the request from the worker. In
the case of second or subsequent requests, a reasonable charge for copying may
be made. The self-insurer shall provide the entire contents of the claim file
unless the request is for only a particular portion of the file. Any new
material added to the claim file after the initial request shall be provided
under the same terms and conditions as the initial request.
(2)
The self-insurer shall transmit notice to the department of any protest or
appeal by an employee relating to the administration of an industrial injury or
occupational disease claim under this chapter within five working days of
receipt. The date that the protest or appeal is received by the self-insurer
shall be deemed to be the date the protest is received by the department for
the purpose of RCW 51.52.050.
(3)
The self-insurer shall submit a medical report with the request for closure of
a claim under this chapter.
Sec.
2. RCW
51.36.070 and 1977 ex.s. c 350 s 60 are each amended to read as follows:
Whenever
the director or the self-insurer deems it necessary in order to resolve any
medical issue, a worker shall submit to examination by a physician or
physicians selected by the director, with the rendition of a report to the
person ordering the examination. The department or self-insurer shall
provide the physician performing an examination with all relevant medical
records from the worker's claim file. The director, in his or her
discretion, may charge the cost of such examination or examinations to the self-insurer
or to the medical aid fund as the case may be. The cost of said examination
shall include payment to the worker of reasonable expenses connected therewith.
Passed the House April 6, 2001.
Approved by the Governor May
2, 2001.
Filed
in Office of Secretary of State May 2, 2001.