SB 288 — TO MODIFY A PHYSICIAN CHANGE UNDER THE WORKERS' COMPENSATION LAW THAT RESULTED FROM INITIATED MEASURE 1948, NO. 4.

Bill Text

• SB 288 View text Current pdf

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The bill modifies the procedures and conditions under which an employee can change their physician under the Workers' Compensation Law in Arkansas.

• Arkansas Code § 11-9-514(a)

  the employee first establishes to the satisfaction of the commission that there is a compelling reason or circumstance justifying a change. → the employee must establish compelling reason or circumstance for the change.

  Clarifies the requirement for an employee to provide compelling reasons for changing physicians.

• Arkansas Code § 11-9-514(a)(2)(A)(i)

  the claimant may petition the commission one (1) time only for a change of physician → the claimant may petition the commission one (1) time only for a change of physician when the employer selects a physician.

  Specifies that the petition for a change of physician is relevant when the employer has initially selected a physician.

• Arkansas Code § 11-9-514(a)(2)(A)(iii)

  the injured employee has the right to petition the commission for a change of physician to: → the injured employee may petition the commission one time per year for a change of physician to:

  Establishes a limit of once per year for changing physicians.

• Arkansas Code § 11-9-514(a)(2)(A)(iv)

  an injured worker may obtain one (1) change of a specialist per year for each relevant specialty. → an injured employee may require treatment from multiple specialists and obtain one change of a specialist per year for each relevant specialty.

  Allows an injured employee to change specialists more flexibly by recognizing the need for multiple specialties.

• Arkansas Code § 11-9-514(a)(2)(B)

  However, if the change desired by the claimant is to a chiropractic physician, optometrist, or podiatrist, the claimant may make the change by giving advance written notification to the employer or carrier. → However, if the change desired by the claimant is to a chiropractic physician, optometrist, or podiatrist, the claimant must give advance written notification to the employer or carrier.

  Reiterates the requirement for advance written notification for specific types of physician changes.

• Arkansas Code § 11-9-514(a)(3)(A)(i)

  from among those associated with managed care entities certified by the commission as provided in § 11-9-508. → from among managed care entities certified by the commission as provided in § 11-9-508.

  Clarifies the employer's right to select physicians from certified managed care entities.

• Arkansas Code § 11-9-514(a)(3)(B)(ii)

  one (1) time only for a change of physician, to a physician who must either be associated with the managed care entity chosen by the employer or be the regular treating physician of the employee who maintains the employee's medical records → one (1) time only for a change of physician to a physician associated with the managed care entity chosen by the employer or the employee's regular treating physician who maintains the employee's medical records

  Clarifies conditions under which a claimant can change their physician with respect to managed care entities.

• Arkansas Code § 11-9-514(a)(3)(B)(iii)

  who must either be associated with any managed care entity certified by the commission or be the regular treating physician of the employee who maintains the employee's medical records → who must either be associated with a managed care entity certified by the commission or be the regular treating physician of the employee.

  Clarifies the options for selecting a physician based on the managed care status.

Action History

1. May 05, 2025

   Sine Die adjournment

2. April 01, 2025

   Recommended for study in the Interim Committee on PUBLIC HEALTH, WELFARE AND LABOR COMMITTEE - SENATE

3. March 12, 2025

   Returned by the Committee, with the recommendation that it Do Pass

4. February 24, 2025

   Read first time, rules suspended, read second time, referred to PUBLIC HEALTH, WELFARE AND LABOR COMMITTEE - SENATE

5. February 24, 2025

   Filed

Sponsors

• John Payton · Primary

Subjects