AN ACT

 

1Amending the act of June 2, 1915 (P.L.736, No.338), entitled, as
2reenacted and amended, "An act defining the liability of an
3employer to pay damages for injuries received by an employe
4in the course of employment; establishing an elective
5schedule of compensation; providing procedure for the
6determination of liability and compensation thereunder; and
7prescribing penalties," further providing for schedule of
8compensation.

9The General Assembly of the Commonwealth of Pennsylvania
10hereby enacts as follows:

11Section 1. Section 306(f.1)(1) of the act of June 2, 1915
12(P.L.736, No.338), known as the Workers' Compensation Act,
13reenacted and amended June 21, 1939 (P.L.520, No.281) and
14amended June 24, 1996 (P.L.350, No.57), is amended to read:

15Section 306. The following schedule of compensation is
16hereby established:

17* * *

18(f.1) (1) (i) The employer shall provide payment in
19accordance with this section for reasonable surgical and medical
20services, services rendered by physicians or other health care

1providers, including an additional opinion when invasive surgery
2may be necessary, medicines and supplies, as and when needed.
3Provided an employer establishes a list of at least six
4designated health care providers, [no more than four] none of
5whom may be a coordinated care organization and no fewer than
6three of whom shall be physicians, the employe shall be required
7to visit one of the physicians or other health care providers so
8designated and shall continue to visit the same or another
9designated physician or health care provider for a period of
10ninety (90) days from the date of the first visit: Provided,
11however, That an employer may also establish a list of one or 
12more designated coordinated care organizations for treatment of 
13employes, and if such list is established, the employe shall 
14only treat with a provider or providers who are participants in 
15one of those organizations for the duration of the injury; and 
16further Provided, That the employer shall not include on the
17list a physician or other health care provider who is employed,
18owned or controlled by the employer or the employer's insurer
19unless employment, ownership or control is disclosed on the
20list. Should invasive surgery for an employe be prescribed by a
21physician or other health care provider so designated by the
22employer, the employe shall be permitted to receive an
23additional opinion from any health care provider of the
24employe's own choice. If the additional opinion differs from the
25opinion provided by the physician or health care provider so
26designated by the employer, the employe shall determine which
27course of treatment to follow: Provided, That the second opinion
28provides a specific and detailed course of treatment. If the
29employe chooses to follow the procedures designated in the
30second opinion, such procedures shall be performed by one of the

1physicians or other health care providers so designated by the
2employer for a period of ninety (90) days from the date of the
3visit to the physician or other health care provider of the
4employe's own choice. Should the employe not comply with the
5foregoing, the employer will be relieved from liability for the
6payment for the services rendered during such applicable period.
7It shall be the duty of the employer to provide a clearly
8written notification of the employe's rights and duties under
9this section to the employe. The employer shall further ensure
10that the employe has been informed and that he understands these
11rights and duties. This duty shall be evidenced only by the
12employe's written acknowledgment of having been informed and
13having understood his rights and duties. Any failure of the
14employer to provide and evidence such notification shall relieve
15the employe from any notification duty owed, notwithstanding any
16provision of this act to the contrary, and the employer shall
17remain liable for all rendered treatment. Subsequent treatment
18may be provided by any health care provider of the employe's own
19choice. Any employe who, next following termination of the
20applicable period, is provided treatment from a nondesignated
21health care provider shall notify the employer within five (5)
22days of the first visit to said health care provider. Failure to
23so notify the employer will relieve the employer from liability
24for the payment for the services rendered prior to appropriate
25notice if such services are determined pursuant to paragraph (6)
26to have been unreasonable or unnecessary.

27(ii) In addition to the above service, the employer shall
28provide payment for medicines and supplies, hospital treatment,
29services and supplies and orthopedic appliances, and prostheses
30in accordance with this section. Whenever an employe shall have

1suffered the loss of a limb, part of a limb, or an eye, the
2employer shall also provide for an artificial limb or eye or
3other prostheses of a type and kind recommended by the doctor
4attending such employe in connection with such injury and any
5replacements for an artificial limb or eye which the employe may
6require at any time thereafter, together with such continued
7medical care as may be prescribed by the doctor attending such
8employe in connection with such injury as well as such training
9as may be required in the proper use of such prostheses. The
10provisions of this section shall apply to injuries whether or
11not loss of earning power occurs. If hospital confinement is
12required, the employe shall be entitled to semiprivate
13accommodations, but, if no such facilities are available,
14regardless of the patient's condition, the employer, not the
15patient, shall be liable for the additional costs for the
16facilities in a private room.

17(iii) Nothing in this section shall prohibit an insurer or
18an employer from contracting with any individual, partnership,
19association or corporation to provide case management and
20coordination of services with regard to injured employes.

21* * *

22Section 2. The amendment of section 306(f.1)(1) of the act
23shall apply to injuries which occur on or after the effective
24date of this act.

25Section 3. This act shall take effect in 60 days.