[−] removed[+] addedOfficial text
[−]removed: EXPLANATION-Matter enclosed in bold-faced brackets [thus] in this bill is not enacted
and is intended to be omitted in the law.
SECOND REGULAR SESSION
[+]added: 5741S.02C
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SENATE [+]added: COMMITTEE SUBSTITUTE
FOR
SENATE BILL NO. 1052
[−]removed: 103RD GENERAL ASSEMBLY
INTRODUCED BY SENATOR TRENT.
5741S.01I KRISTINA MARTIN, Secretary
AN ACT
To repeal sections 287.140 and 287.210, RSMo, and to enact in lieu thereof [−]removed: two [+]added: three new sections
relating to establishing a fee schedule for services performed pursuant to the workers'
compensation law, with penalty provisions.
Be it enacted by the General Assembly of the State of Missouri, as follows:
Section A. Sections 287.140 and 287.210, RSMo, are repealed and [−]removed: two [+]added: three new sections enacted in lieu thereof, to be known as sections [−]removed: 287.140 [+]added: 287.140, 287.142, and 287.210, to read as follows: 287.140. 1. In addition to all other compensation paid to the employee under this section, the employee shall
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fully with the employee regarding the nature of the employee's injury and recommended treatment exclusive of any evaluation for a permanent disability rating. Failure [+]added: 2
to perform such duty to communicate shall constitute a disciplinary violation by the provider subject to the provisions of chapter 620. When an employee
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of the employee is endangered thereby, the division or the commission may order a change in the physician, surgeon, hospital or other requirement. 3. [−]removed: The division shall establish by rule a schedule of fees for any service provided pursuant to this chapter. All [+]added: [All fees and charges under this chapter shall be [−]removed: [fair [+]added: fair and reasonable, shall [−]removed: be] in accordance with the fee schedule promulgated by the division and [+]added: be subject to regulation by the [+]added: 3
division or the commission, or the board of rehabilitation in rehabilitation [−]removed: cases. [+]added: cases.] A health care provider shall not charge a fee for treatment and care which is governed by the provisions of this chapter greater than
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the same treatment or service when the payor for such treatment or service is a private individual or a private health insurance carrier] that [−]removed: allowed pursuant to [+]added: set forth in the [+]added: medical fee schedule promulgated by the [−]removed: division. [+]added: workers' compensation fee schedule commission pursuant
to section 287.142. The division or the commission, or the board of rehabilitation in rehabilitation cases, shall also have jurisdiction to hear and determine all disputes as
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first notice of dispute of the medical charge was received by the health care provider if such services were rendered after July 1, 2013. [+]added: 4
Notice shall be presumed to occur no later than five business days after transmission by certified United States mail. 5. No compensation shall be
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thereof. The director of the division shall establish a procedure whereby a claim for compensation may be reactivated after settlement of such claim is [+]added: 5
completed. The claim shall be reactivated only after the claimant can show good cause for the reactivation of this claim and the claim shall
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referred, to the following: (1) The patient; (2) The employer of the patient with workers' compensation liability for the injury or disease being treated; [+]added: 6
(3) The workers' compensation insurer of such employer; and (4) The workers' compensation adjusting company for such insurer. 12. Violation of subsection 11 of
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to pursue the employee for any unpaid portion of the fee or other charges for authorized services provided to the employee. Any applicable statute [+]added: 7
of limitations for an action for such fees or other charges shall be tolled from the time notice is given to the division by
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such notice has been filed, the administrative law judge may order direct payment from the proceeds of any settlement or award to the hospital, [+]added: 8
physician or other health care provider for such fees as are determined by the division. The notice shall be on a form prescribed by
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work time. The intent of this subsection is to specifically supercede and abrogate any case law that contradicts the express language of this section. [+]added: 287.142. 1. There is hereby established a "Workers'
Compensation Fee Schedule Commission", organized under the
department of labor and industrial relations, to consist of
nine members in total, five of whom shall be appointed by
the governor, one member of the house of representatives who
whom shall be appointed by the speaker of the house of
representatives, one member of the senate, who shall be
appointed by the president pro tempore of the senate, the
director of the department of labor and industrial
relations, or his or her designee, and the director of the
department of commerce and insurance, or his or her
designee. Of the five gubernatorial appointees, one member
shall have experience as a health care provider, one member
shall have experience representing health care facilities,
one member shall represent insurance carriers, one member
shall represent employees, and one member shall have
expertise in health care economics. Each member appointed
shall serve a three-year term. The governor shall designate
one of the members to be chairman. All members shall serve
without compensation. Any vacancy shall be filled by the
respective appointing authority. The commission may make
such rules, regulations, and bylaws consistent with state
law to effectuate its purposes as it deems necessary.
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2. The workers' compensation fee schedule commission
shall promulgate rules for the purpose of establishing a
medical fee schedule specifying the maximum allowable
amounts to reimburse for any treatment and care rendered to
employees under this chapter. Any rule or portion of a
rule, as that term is defined in section 536.010, that is
created under the authority delegated in this section shall
become effective only if it complies with and is subject to
all of the provisions of chapter 536 and, if applicable,
section 536.028. This section and chapter 536 are
nonseverable and if any of the powers vested with the
general assembly pursuant to chapter 536 to review, to delay
the effective date, or to disapprove and annul a rule are
subsequently held unconstitutional, then the grant of
rulemaking authority and any rule proposed or adopted after
August 28, 2026, shall be invalid and void.
3. The medical fee schedule shall promote health care
cost containment and efficiency, and shall be sufficient to
ensure availability of such reasonably necessary treatment,
care, and attendance to each injured employee to cure and
relieve the employee from the effects of the injury.
4. The workers' compensation fee schedule commission
shall be reconvened not sooner than once every three years
to consider adjustments in the fee schedule.
5. The workers' compensation fee schedule commission
shall produce the initial medical fee schedule not later
than January 1, 2027. The initial medical fee schedule
shall take effect on July 1, 2028.
287.210. 1. After an employee has received an injury he shall from time to time thereafter during disability submit to reasonable medical examination at the request of the employer, the employer's insurer, the commission, the division, an administrative law judge, or the attorney [+]added: 10
general on behalf of the second injury fund if the employer has not obtained a medical examination report, the time and place of which
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nature and extent of an employee's disability is to be determined, the parties or their attorneys shall arrange, without charge or costs, each to [+]added: 11
the other, for an exchange of all medical reports, including those made both by treating and examining physician or physicians, to the end that
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the percentage of permanent partial disability, if any. An element or elements of a complete medical report may be met by the physician's records. [+]added: 12
6. Upon the request of a party, the physician or physicians who treated or are treating the injured employee shall be required to furnish
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a proportional basis, including the deposition fee of the physician. Upon request of any party, the party offering a complete medical report in evidence [+]added: 13
must also make available copies of X rays or other diagnostic studies obtained by or relied upon by the physician. Within ten days after
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