PRINTER'S NO. 2374
THE GENERAL ASSEMBLY OF PENNSYLVANIA
HOUSE BILL
No.
1784
Session of
2019
INTRODUCED BY HICKERNELL, MILLARD, ROTHMAN, KAUFFMAN, BERNSTINE,
FEE, DUNBAR, TOPPER, MENTZER, MALONEY, ZIMMERMAN, JAMES,
EMRICK, GREINER, SAYLOR, HELM, KEEFER, DOWLING, IRVIN,
HERSHEY, WHEELAND, HAHN, LEWIS AND GAYDOS, AUGUST 30, 2019
REFERRED TO COMMITTEE ON LABOR AND INDUSTRY, AUGUST 30, 2019
AN ACT
Amending the act of June 2, 1915 (P.L.736, No.338), entitled "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 schedule of compensation;
and, in Uninsured Employers Guaranty Fund, further providing
for claims.
The General Assembly of the Commonwealth of Pennsylvania
hereby enacts as follows:
Section 1. Section 306(f.1)(1)(i) of the act of June 2, 1915
(P.L.736, No.338), known as the Workers' Compensation Act, 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
1
2
3
4
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
providers, including an additional opinion when invasive surgery
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) 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) 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
20190HB1784PN2374 - 2 -
1
2
3
4
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
25
26
27
28
29
30
payment for the services rendered [during 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.]
* * *
Section 2. Section 1603(e)(2) and (4) of the act, amended
October 24, 2018 (P.L.804, No.132), are amended to read:
Section 1603. Claims.
* * *
(e) List of providers.--
* * *
(2) If the fund establishes a list under paragraph (1),
20190HB1784PN2374 - 3 -
1
2
3
4
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
25
26
27
28
29
30
the fund shall be responsible only to reimburse expenses of
medical treatments, services and accommodations rendered by
the physicians or other health care providers that are
designated on the list [for the period provided in section
306(f.1)(1) from the date of the employee's notice to the
fund under subsection (b)].
* * *
(4) If the employee receives medical treatments,
services or accommodations from a health care provider that
is not designated on the list, the fund shall be relieved of
liability for the payment of medical treatments, services or
accommodations rendered [during the period provided in
section 306(f.1)(1) from the date of the employee's notice to
the fund under subsection (b)].
Section 3. The amendment of sections 306(f.1)(1)(i) and
1603(e)(2) and (4) of the act shall apply to claims for which
the date of injury is on or after the effective date of this
act.
Section 4. This act shall take effect in 120 days.
20190HB1784PN2374 - 4 -
1
2
3
4
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19