PRINTER'S NO. 736
THE GENERAL ASSEMBLY OF PENNSYLVANIA
HOUSE BILL
No.
636
Session of
2015
INTRODUCED BY HICKERNELL, BAKER, FEE, GRELL, GROVE, MAJOR,
MENTZER, METCALFE, PICKETT AND ZIMMERMAN, FEBRUARY 26, 2015
REFERRED TO COMMITTEE ON LABOR AND INDUSTRY, FEBRUARY 26, 2015
AN ACT
Amending the act of June 2, 1915 (P.L.736, No.338), entitled, as
reenacted and amended, "An act defining the liability of an
employer to pay damages for injuries received by an employe
in the course of employment; establishing an elective
schedule of compensation; providing procedure for the
determination of liability and compensation thereunder; and
prescribing penalties," in liability and compensation,
further providing for the schedule of compensation.
The General Assembly of the Commonwealth of Pennsylvania
hereby enacts as follows:
Section 1. Section 306(f.1)(1) of the act of June 2, 1915
(P.L.736, No.338), known as the Workers' Compensation Act,
reenacted and amended June 21, 1939 (P.L.520, No.281) and
amended June 24, 1996 (P.L.350, No.57), is amended to read:
Section 306. The following schedule of compensation is
hereby established:
* * *
(f.1) (1) (i) The employer shall provide payment in
accordance with this section for reasonable surgical and medical
services, services rendered by physicians or other health care
providers, including an additional opinion when invasive surgery
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may be necessary, medicines and supplies, as and when needed.
Provided an employer establishes a list of at least six
designated health care providers, no more than four of whom may
be a coordinated care organization and no fewer than three of
whom shall be physicians, the employe shall be required to visit
one of the physicians or other health care providers so
designated and shall continue to visit the same or another
designated physician or health care provider for a period of
[ninety (90)] one hundred eighty (180) days from the date of the
first visit: Provided, however, That the employer shall not
include on the list a physician or other health care provider
who is employed, owned or controlled by the employer or the
employer's insurer unless employment, ownership or control is
disclosed on the list. Should invasive surgery for an employe be
prescribed by a physician or other health care provider so
designated by the employer, the employe shall be permitted to
receive an additional opinion from any health care provider of
the employe's own choice. If the additional opinion differs from
the opinion provided by the physician or health care provider so
designated by the employer, the employe shall determine which
course of treatment to follow: Provided, That the second opinion
provides a specific and detailed course of treatment. If the
employe chooses to follow the procedures designated in the
second opinion, such procedures shall be performed by one of the
physicians or other health care providers so designated by the
employer for a period of [ninety (90)] one hundred eighty (180)
days from the date of the visit to the physician or other health
care provider of the employe's own choice. Should the employe
not comply with the foregoing, the employer will be relieved
from liability for the payment for the services rendered during
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such applicable period. It shall be the duty of the employer to
provide a clearly written notification of the employe's rights
and duties under this section to the employe. The employer shall
further ensure that the employe has been informed and that he
understands these rights and duties. This duty shall be
evidenced only by the employe's written acknowledgment of having
been informed and having understood his rights and duties. Any
failure of the employer to provide and evidence such
notification shall relieve the employe from any notification
duty owed, notwithstanding any provision of this act to the
contrary, and the employer shall remain liable for all rendered
treatment. Subsequent treatment may be provided by any health
care provider of the employe's own choice. Any employe who, next
following termination of the applicable period, is provided
treatment from a nondesignated health care provider shall notify
the employer within five (5) days of the first visit to said
health care provider. Failure to so notify the employer will
relieve the employer from liability for the payment for the
services rendered prior to appropriate notice if such services
are determined pursuant to paragraph (6) to have been
unreasonable or unnecessary.
(ii) In addition to the above service, the employer shall
provide payment for medicines and supplies, hospital treatment,
services and supplies and orthopedic appliances, and prostheses
in accordance with this section. Whenever an employe shall have
suffered the loss of a limb, part of a limb, or an eye, the
employer shall also provide for an artificial limb or eye or
other prostheses of a type and kind recommended by the doctor
attending such employe in connection with such injury and any
replacements for an artificial limb or eye which the employe may
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require at any time thereafter, together with such continued
medical care as may be prescribed by the doctor attending such
employe in connection with such injury as well as such training
as may be required in the proper use of such prostheses. The
provisions of this section shall apply to injuries whether or
not loss of earning power occurs. If hospital confinement is
required, the employe shall be entitled to semiprivate
accommodations, but, if no such facilities are available,
regardless of the patient's condition, the employer, not the
patient, shall be liable for the additional costs for the
facilities in a private room.
(iii) Nothing in this section shall prohibit an insurer or
an employer from contracting with any individual, partnership,
association or corporation to provide case management and
coordination of services with regard to injured employes.
* * *
Section 2. The amendment of section 306(f.1)(1) of the act
shall apply to injuries occurring on or after the effective date
of this section.
Section 3. This act shall take effect in 60 days.
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