BILL REQ. #:  H-1030.1 

Read first time 02/18/09.   Referred to Committee on Commerce & Labor.

     AN ACT Relating to the handling of employee information for workers' compensation purposes; amending RCW 51.36.060; and adding a new section to chapter 51.14 RCW.

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

Sec. 1   RCW 51.36.060 and 2004 c 65 s 12 are each amended to read as follows:
     ((Physicians or licensed advanced registered nurse practitioners examining or attending injured workers under this title shall comply with rules and regulations adopted by the director, and shall make such reports as may be requested by the department or self-insurer upon the condition or treatment of any such worker, or upon any other matters concerning such workers in their care. Except under RCW 49.17.210 and 49.17.250, all medical information in the possession or control of any person and relevant to the particular injury in the opinion of the department pertaining to any worker whose injury or occupational disease is the basis of a claim under this title shall be made available at any stage of the proceedings to the employer, the claimant's representative, and the department upon request, and no person shall incur any legal liability by reason of releasing such information.)) (1) Any time that an examining or attending physician or licensed advanced registered nurse practitioner is contacted by the employer, or a representative of the employer, a written report must be generated by the person or entity initiating contact which fully discloses all subjects discussed and responses given. This report must be completed within five days of the meeting, and a copy must be mailed to the worker no later than the fifth day. Failure to comply with this section constitutes a violation of RCW 51.48.080 and the penalty must be paid to the worker.
     (2) When an attorney, vocational counselor, nurse case manager, or other representative of the employer seeks to meet with an examining or attending physician or licensed advanced registered nurse practitioner to discuss an injured worker's physical capacities, medical treatment, permanent partial disability, ability to work, or other issues pertaining to the claim:
     (a) The attorney, vocational counselor, nurse case manager, or other representative of the employer shall give at least seven days' prior written notice to the worker or the worker's designated representative;
     (b) The worker and the worker's representative have the right to attend and participate in the meeting;
     (c) The party scheduling the meeting shall make reasonable efforts to coordinate the scheduling of the appointment for the convenience of all parties;
     (d) The employer or representative of the employer, within five days of the completion of the meeting, shall create a complete report of the meeting, including all questions asked and information provided, and mail a copy to the worker and the worker's designated representative.

NEW SECTION.  Sec. 2   A new section is added to chapter 51.14 RCW to read as follows:
     A self-insurer must maintain an office within the state of Washington and a copy of all employee files.