PRINTER'S NO. 3460
No. 2466 Session of 1986
INTRODUCED BY DeWEESE, KASUNIC, COHEN, FEE, BELARDI, LINTON,
PISTELLA, DUFFY, STABACK, JAROLIN, KOSINSKI, D. W. SNYDER,
HALUSKA, TRELLO, VEON, DeLUCA, FISCHER, RICHARDSON, DEAL,
CARN, FOX AND TRUMAN, MAY 7, 1986
REFERRED TO COMMITTEE ON LABOR RELATIONS, MAY 7, 1986
AN ACT
1 Amending the act of June 2, 1915 (P.L.736, No.338), entitled, as
2 reenacted and amended, "An act defining the liability of an
3 employer to pay damages for injuries received by an employe
4 in the course of employment; establishing an elective
5 schedule of compensation; providing procedure for the
6 determination of liability and compensation thereunder; and
7 prescribing penalties," further providing for employers'
8 obligations for surgical and medical services.
9 The General Assembly of the Commonwealth of Pennsylvania
10 hereby enacts as follows:
11 Section 1. Section 306(f) of the act of June 2, 1915
12 (P.L.736, No.338), known as The Pennsylvania Workmen's
13 Compensation Act, reenacted and amended June 21, 1939 (P.L.520,
14 No.281) and amended July 1, 1978 (P.L.692, No.119), is amended
15 to read:
16 Section 306. The following schedule of compensation is
17 hereby established:
18 * * *
19 (f) (1) The employer shall provide payment for reasonable
20 surgical and medical services, services rendered by duly
1 licensed practitioners of the healing arts, medicines, and
2 supplies, as and when needed[: Provided, That if a list of at
3 least five designated physicians or other duly licensed
4 practitioners of the healing arts or a combination thereof is
5 provided by the employer, the employe shall be required to visit
6 one of the physicians or other practitioners so designated and
7 shall continue to visit the same or another physician or
8 practitioner for a period of fourteen days from the date of the
9 first visit. Subsequent treatment]. Treatment may be provided by
10 any physician or any other duly licensed practitioner of the
11 healing arts or a combination thereof, of the employes own
12 choice, and such treatment shall be paid for by the employer.
13 Any employe who [next following the termination of the fourteen-
14 day period] is provided treatment from a physician or other duly
15 licensed practitioner of the healing arts [who is not one of the
16 physicians or practitioners designated by the employer,] shall
17 notify the employer within five days of the first visit to said
18 physician or practitioner. However, if the employe fails to so
19 notify the employer, the employe shall suffer no loss of rights
20 or benefits to which he is otherwise entitled under the act.
21 (2) [If and only if the employer has designated at least
22 five physicians or other duly licensed practitioners of the
23 healing arts or a combination thereof as permitted by the
24 preceding paragraph, the] The following reporting provisions
25 shall apply. Nothing in the following paragraphs shall eliminate
26 rights of the employer to obtain all records and data as
27 permitted under any other sections of this act.
28 (i) The physician or other duly licensed practitioner of the
29 healing arts shall be required to file periodic reports with the
30 employer on a form prescribed by the department which shall
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1 include, where pertinent, history, diagnosis, treatment,
2 prognosis and physical findings. The report shall be filed
3 within twenty-one days of commencing treatment and at least once
4 a month thereafter, as long as treatment continues. The employer
5 shall not be liable to pay for such treatment until a report has
6 been filed.
7 (ii) The employer shall have the right to petition the
8 department for review of the necessity or frequency of treatment
9 or reasonableness of fees for services provided by a physician
10 or other duly licensed practitioner of the healing arts. Such a
11 petition shall in no event act as a supersedeas, and during the
12 pendency of any such petition the employer shall pay all medical
13 bills if the physician or other practitioner of the healing arts
14 files a report or reports as required by subparagraph (i) of
15 paragraph (2) of this subsection.
16 (3) After an employe has elected to be treated by a
17 physician or other duly licensed practitioner of the healing
18 arts [who is not one of the physicians or practitioners
19 designated by the employer], he may thereafter elect to be
20 treated by another physician or other duly licensed practitioner
21 of the healing arts upon notice to his employer: Provided,
22 however, That no such notice shall be required in emergencies,
23 or in cases of referrals by one physician or practitioner to
24 another physician or practitioner or if the new physician or
25 practitioner makes a timely report to the employer within
26 twenty-one days after commencing treatment.
27 (4) In addition to the above service, the employer shall
28 provide payment for medicines and supplies, hospital treatment,
29 services and supplies and orthopedic appliances, and prostheses.
30 The cost for such hospital treatment, service and supplies shall
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1 not in any case exceed the prevailing charge in the hospital for
2 like services to other individuals. If the employe shall refuse
3 reasonable services of duly licensed practitioners of the
4 healing arts, surgical, medical and hospital services,
5 treatment, medicines and supplies, he shall forfeit all rights
6 to compensation for any injury or any increase in his incapacity
7 shown to have resulted from such refusal. Whenever an employe
8 shall have suffered the loss of a limb, part of a limb, or an
9 eye, the employer shall also provide payment for an artificial
10 limb or eye or other prostheses of a type and kind recommended
11 by the doctor attending such employe in connection with such
12 injury and any replacements for an artificial limb or eye which
13 the employe may require at any time thereafter, together with
14 such continued medical care as may be prescribed by the doctor
15 attending such employe in connection with such injury as well as
16 such training as may be required in the proper use of such
17 prostheses. The provisions of this section shall apply in
18 injuries whether or not loss of earning power occurs. If
19 hospital confinement is required, the employe shall be entitled
20 to semi-private accommodations but if no such facilities are
21 available, regardless of the patient's condition, the employer,
22 not the patient, shall be liable for the additional costs for
23 the facilities in a private room.
24 (5) The payment by an insurer for any medical, surgical or
25 hospital services or supplies after any statute of limitations
26 provided for in this act shall have expired shall not act to
27 reopen or review the compensation rights for purposes of such
28 limitations.
29 * * *
30 Section 2. This act shall take effect in 60 days.
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