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Last legislative session House Bill 1751 was introduced by: Representatives Orrock of the 56th, Brooks of the 54th, Henson of the 65th, Gardner of the 47th and Childers of the 13th.

House Bill 1751 DID NOT PASS but is about to be reintroduced again.

To amend Chapter 9 of Title 34 of the Official Code of Georgia Annotated, relating to workers' compensation, so as to provide for preapproval of certain medical treatment or testing upon failure of an employer or its insurer to respond to a request for advance authorization within a specified period; to provide for notice to the State Board of Worker's Compensation of denial of recommended medical treatment or testing; to provide for a hearing, compliance with a ruling, and penalties for failure to comply; to provide for related matters; to repeal conflicting laws; and for other purposes.

BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:


SECTION 1:

Chapter 9 of Title 34 of the Official Code of Georgia Annotated, relating to workers' compensation, is amended by inserting immediately following Code Section 34_9_200.1 a new Code Section 34_9_200.2 to read as follows:

"34_9_200.2. -

If an employer or its workers' compensation insurer fails to respond to a written request by an authorized medical provider for advance authorization for medical treatment or testing within five business days, the requested treatment or testing shall be considered preapproved. An employer or its workers' compensation insurer shall, within five business days of denying recommended medical treatment of testing for an injured employee, notify the board in writing of the reasons for such denial of treatment. Notice of medical treatment or testing denial may also be submitted to the board by the employee. Within 30 days of receipt of written notification of medical treatment or testing denial, the board shall order a hearing on the issue by an administrative law judge. A ruling of the administrative law judge reached as a result of such hearing which is adverse to the position taken by the employer or its insurer shall be fully complied with by the employer or its insurer within ten days of issuance of the decision. Failure by the employer or its insurer to comply with the ruling within ten days of issuance of the decision. Failure by the employer or its insurer to comply with the ruling within ten days of its issuance may, at the board's decretion, result in the assessment of a penalty of up to 20 percent of the reasonable medical charges for the denied treatment or testing, as provided in Code Section 34.9_205. The board may, in its discretion, assess and additional penalty of .00 against an employer or its insurer which fails to comply with the ruling regarding denied medical treatment or testing within 30 days of the issuance of that decision."

SECTION 2:

All laws and parts of laws in conflict with this Act are repealed.

 

 

  Please contact your elected officials and ask them to support upcoming legislation.

Georgia Employee Association (GEA)
Director Ron Parker
P.O. Box 2508
Stone Mountain, GA 30086
Website: http://www.gef.8m.net
Email: employeefamily@yahoo.com
 
   
 

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