An Act to impose certain duties on providers of services under a case management plan of a workers' compensation insurance policy and provide a penalty for a violation thereof.

Be it enacted by the Legislature of the State of South Dakota:

Section 1. That a NEW SECTION be added:

62-5-22. Duties of provider of services under case management plan--Penalties for violation.

A person who provides medical services or health care to an employee under a case management plan referenced in § 58-20-24 or 62-5-21 may not send correspondence to the issuer of the policy or the employer unless the correspondence is concurrently sent to the employee.

A person who provides medical or health care services to any employee under a case management plan referenced in § 58-20-24 or 62-5-21 may:

(1) Shall include the employee in all communications with the issuer of the policy; and

(2) May not misrepresent the person's identity, credentials, or duties.

The secretary of the Department of Labor and Regulation may suspend, revoke, or not renew the certification of a case management plan of, if any person who provides medical services or health care to an employee under the plan violates the provisions of this section.

A person who violates the provisions of this section is guilty of a Class 2 misdemeanor and is subject to an administrative fine, of one hundred dollars, payable to the Department of Labor and Regulation department.