2012 -- S 2225

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LC00167

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STATE OF RHODE ISLAND

IN GENERAL ASSEMBLY

JANUARY SESSION, A.D. 2012

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A N A C T

RELATING TO LABOR AND LABOR RELATIONS -- WORKERS' COMPENSATION --

MEDICAL SERVICES

     Introduced By: Senators Ruggerio, Metts, Pichardo, Perry, and Jabour

     Date Introduced: January 24, 2012

     Referred To: Senate Labor

It is enacted by the General Assembly as follows:

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     SECTION 1. Section 28-33-5 of the General Laws in Chapter 28-33 entitled "Workers'

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Compensation - Benefits" is hereby amended to read as follows:

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     28-33-5. Medical services provided by employer. -- The employer, subject to the

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choice of the employee as provided in section 28-33-8, promptly provides for an injured

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employee any reasonable medical, surgical, dental, optical, or other attendance or treatment,

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nurse and hospital service, medicines, crutches, and apparatus for the period that is necessary, in

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order to cure, rehabilitate or relieve the employee from the effects of his or her injury; provided,

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that no fee for major surgery shall be paid unless permission for it in writing is first obtained from

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the workers' compensation court, the employer, or the insurance carrier involved, except where

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compliance may prove fatal or detrimental to the employee. Irrespective of the date of injury, the

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liability of the employer for hospital service rendered under this chapter to the injured employee

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is the cost to the hospital of rendering the service at the time the service is rendered. The director,

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after consultations with representatives of hospitals, employers, and insurance companies, shall

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establish administrative procedures regarding the furnishing and filing of data and the time and

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method of billing and may accept as representing the costs for both routine and special services to

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patients, costs as computed for the federal medicare program. Each hospital licensed under

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chapter 16 of title 23 which renders services to injured employees under the Workers'

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Compensation Act, chapters 29 -- 38 of this title, submits and certifies to the director, in

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accordance with requirements of the administrative procedures established by him or her, its costs

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for those services. The employer also provides all medical, optical, dental, and surgical

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appliances and apparatus required to cure or relieve the employee from the effects of the injury,

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including, but not limited to, the following: ambulance and nursing service, eyeglasses, dentures,

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braces and supports, artificial limbs, crutches, and other similar appliances; provided, however,

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that the employer shall not be liable to pay for or provide hearing aids or other amplification

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devices. The reasonable cost of transportation to and from any health care provider, incurred by

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the employee, as a result of any treatment provided by this section, sections 28-33-7, 28-33-8 and

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28-33-41 shall be charged to the employer, and if paid for by the employee, he/she shall be

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reimbursed in full for these expenses by his/her employer upon presentation of a receipt or other

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evidence of expenditure.

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     SECTION 2. This act shall take effect upon passage.

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LC00167

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EXPLANATION

BY THE LEGISLATIVE COUNCIL

OF

A N A C T

RELATING TO LABOR AND LABOR RELATIONS -- WORKERS' COMPENSATION --

MEDICAL SERVICES

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     This act would require employers to pay the reasonable transportation costs for

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employees that travel to receive workers’ compensation related health care services.

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     This act would take effect upon passage.

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LC00167

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