BILL REQ. #:  H-3830.2 

Read first time 01/18/08.   Referred to Committee on Commerce & Labor.

     AN ACT Relating to ex parte contacts with medical providers during industrial insurance appeals; and adding a new section to chapter 51.52 RCW.

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

NEW SECTION.  Sec. 1   A new section is added to chapter 51.52 RCW to read as follows:
     (1)(a) Except as provided in (b) through (d) of this subsection, after the filing of a notice of an appeal under RCW 51.52.060(2), the department, the employer, and the representatives of each shall not have ex parte contact, to discuss the facts or issues in question in the appeal, with any medical provider who has examined or treated the claimant at the request of the claimant or treating medical provider, unless written authorization for such contact is given by the claimant or the claimant's representative. Such written authorization is only valid if given after the date that the appeal is filed and shall expire ninety days after it is signed.
     (b) If the department, the employer, or their representatives wish to communicate with the examining or treating medical providers and no written authorization from the claimant or the claimant's representative has been obtained, such communication must be:
     (i) In writing, sent contemporaneously to all parties with a notice to the provider in bold type that any response must be in writing;
     (ii) In person, by telephone, or by videoconference, at a date and time mutually agreed to by all parties, with the claimant or their representative given the opportunity to fully participate; or
     (iii) Pursuant to a properly scheduled and noted deposition.
     (c) Written authorization is not required if the claimant fails to identify or confirm the examining or treating medical provider as a witness as required by the board.
     (d) This subsection does not apply to the department while it is investigating the claim to make a decision on whether to modify, reverse, change, or hold in abeyance an order pursuant to RCW 51.52.060(4).
     (2)(a) Except as provided in (b) and (c) of this subsection, after the filing of a notice of an appeal under RCW 51.52.060(2), the claimant and the representative for the claimant, if any, shall not have ex parte contact, to discuss the facts or issues in question in the appeal, with any medical provider who has examined the claimant pursuant to RCW 51.36.070, unless written authorization for such contact is given by the department or self-insured employer or their representative. Such written authorization is only valid if given after the date that the appeal is filed and shall expire ninety days after it is signed.
     (b) If the claimant or the claimant's representative wishes to communicate with a medical provider who has examined the claimant pursuant to RCW 51.36.070 and no written authorization from the department or self-insured employer or their representative has been obtained, such communication must be:
     (i) In writing, sent contemporaneously to all parties with a notice to the provider in bold type that any response must be in writing;
     (ii) In person, by telephone, or by videoconference, at a date and time mutually agreed to by all parties, with the department, self-insured employer, and their representatives given the opportunity to fully participate; or
     (iii) Pursuant to a properly scheduled and noted deposition.
     (c) Written authorization is not required if the department or self-insured employer fails to identify or confirm the examining medical provider as a witness as required by the board.
     (3) This section only applies to issues set forth in a notice of appeal under RCW 51.52.060(2).
     (4) Nothing in this section shall be construed to limit the reporting requirements under RCW 51.04.050 and 51.36.060 for issues not set forth in a notice of appeal.