Conference Committee Minutes HB 1037

2008 Legislative Session _ 2008

Committee: 1037, A, 2/26/2008 9:00:00 AM

Tuesday, February 26, 2008

                                            P - Present
                                            E - Excused
                                            A - Absent

Roll Call
P    Turbak Berry
P    Gant
P    McCracken, Chair
P    Miles
P    Willadsen
P    Rounds, Chair

OTHERS PRESENT: See Original Minutes

The meeting was called to order by Chair Representative Rounds.

         HB 1037: revise certain provisions regarding action on medical claims for workers' compensation and to establish an administrative fine for delays regarding these medical claims.

Proponents:    Roger Tellinghuisen, SD Trial Lawyers Association
        Mike Shaw, Property Casualty Insurance Association of America
        James Marsh, Department of Labor
        Bob O'Connell, Sioux Falls Area Chamber of Commerce
        Paul Aylward, SD AFSCME 59 Dakotas Public Employees Union

MOTION:     AMEND HB 1037

On page 2, after line 5 of the Senate Commerce Committee engrossed bill, insert:

"
Section 3. That chapter 62-4 be amended by adding thereto a NEW SECTION to read as follows:

Upon the request of an employer, an employee subject to this title shall supply a signed medical release to allow copying of any medical records and reports relevant to the employee's claim for workers' compensation. If the employee objects to the release of the medical records, the department shall, upon a showing of good cause for the release of such records, approve the release of the medical records relevant to the employee's claim to the employer. The employer shall, upon request, provide a copy of all medical records and reports received to the employee, without cost to the employee.".

Moved by:    Willadsen
Second by:    Turbak Berry
Action:    Prevailed by voice vote.

MOTION:     DO PASS HB 1037 AS AMENDED

Moved by:    Willadsen
Second by:    Turbak Berry
Action:    Prevailed by roll call vote. (6-0-0-0)

Voting Yes:    Turbak Berry, Gant, McCracken, Miles, Willadsen, Rounds

MOTION:     AMEND TITLE OF HB 1037

On page 1, line 1, of the Senate Commerce Committee engrossed bill, delete "action on".

Moved by:    Willadsen
Second by:    McCracken
Action:    Prevailed by voice vote.

MOTION:     ADJOURN

Moved by:    McCracken
Second by:    Miles
Action:    Prevailed by voice vote.

____________________________

Committee Secretary

Tim Rounds, Chair