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REFERENCE TITLE: workers' compensation; physicians' medical reports |
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State of Arizona House of Representatives Fifty-third Legislature First Regular Session 2017
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HB 2180 |
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Introduced by Representatives Finchem: Clodfelter, Senator Borrelli
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AN ACT
Amending Title 23, chapter 6, article 2, Arizona Revised Statutes, by adding section 23‑931; relating to workers' compensation.
(TEXT OF BILL BEGINS ON NEXT PAGE)
Be it enacted by the Legislature of the State of Arizona:
Section 1. Title 23, chapter 6, article 2, Arizona Revised Statutes, is amended by adding section 23-931, to read:
23-931. Unfair medical reporting; physicians; civil penalty
A. The commission has exclusive jurisdiction as prescribed in this section over complaints involving alleged unfair medical reporting by a physician designated by an employer or self‑insured employer. The commission shall investigate allegations of unfair medical reporting either on receiving a complaint or on the commission's own motion.
B. If the commission finds that unfair medical reporting has occurred in the handling of a particular claim, the commission shall award the claimant, in addition to any benefits the commission finds are due and owing, a benefit penalty of twenty‑five percent of the benefit amount ordered to be paid or five hundred dollars, whichever is more.
C. If the commission finds that the physician has a history or pattern of repeated unfair medical reporting practices, the commission may impose a civil penalty of up to one thousand dollars for each violation found. The civil penalty shall be deposited, pursuant to sections 35‑146 and 35‑147, in the state general fund.
D. Any party aggrieved by an order of the commission under this section may request a hearing pursuant to section 23‑947. The hearing and decision shall be conducted pursuant to section 23‑941.
E. The commission shall adopt by rule a definition of unfair medical reporting that includes instances in which a claim is denied based on a physician's medical report and the denial is later overturned by the commission.
F. This section does not prevent an individual from filing a medical malpractice action pursuant to title 12, chapter 5.1.