Spring 2009 SBH Work Comp Quarterly
Washington Workers' Compensation Section
PDF FormatNew Legislation Will Restrict Employer Contact with Attending Physicians
By Bruce Byerly
Dave Kaplan, Executive Director of the Washington Self-Insurers Association, reports that SHB 1402 was passed by the legislature. The bill prohibits ex parte contact with medical providers after a Notice of Appeal is filed. The bill will soon be on the Governor's desk for her signature.
WSIA believes there is still a chance Governor Gregoire may veto SHB 1402. WSIA has asked that those who oppose the bill send their objections to the Governor. You can send requests to veto the bill through the WSIA website, or by letter to The Honorable Chris Gregoire, Governor, State of Washington, PO Box 40002, Olympia, WA 98504-0002. Please describe your own objections to the bill.
The arguments against the bill include:
- The bill fundamentally changes the state workers' compensation system;
- Ex parte contacts have been approved by the Supreme Court;
- Medical providers already can refuse to participate in ex parte contact with the employer's attorneys;
- The bill will increase deposition and attorney costs for employers;
- The bill will complicate medical providers' information release decision making, particularly in complex claims where appeals run simultaneously with ongoing claim management; and
- The bill could increase potential liability for health care workers for unauthorized releases.
WSIA warns the bill will:
- Add over $1.5 million per year in cost to the Washington's workers' compensation system;
- Increase claim management impediments and delays;
- Confuse medical providers; and
- Will not result in better outcomes for workers.
If you object, you must register your objections quickly - before the bill is signed.
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