2008 Legislative Session _ 2008

Committee: 1037, B, 2/28/2008 11:00:00 AM
Thursday, February 28, 2008

                                            P - Present
                                            E - Excused
                                            A - Absent

Roll Call
P    Turbak Berry
P    Dempster
P    McCracken, Chair
P    Miles
P    Willadsen, Chair
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:    Senator Gil Koetzle
        Roger Tellinghuisen, SD Trial Lawyers Association
        James Marsh, Department of Labor
        Mike Shaw, Property and Casualty Insurance

MOTION:     AMEND HB 1037

1037je

     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 record and report relevant to the employee's claim for

workers' compensation. If the employee objects to the relevance of any medical record or report, an administrative law judge within the department shall, upon a showing of good cause for the release of such record or report, approve the release of the medical record or report 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:    Dempster
Second by:    Turbak Berry
Action:    Prevailed by roll call vote. (6-0-0-0)

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

MOTION:     AMEND TITLE OF HB 1037

1037stb

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


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

MOTION:     TO ADOPT THE REPORT OF THE COMMITTEE

Action:    Prevailed by roll call vote. (6-0-0-0)

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

MOTION:     ADJOURN

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

Lois Henry

____________________________

Committee Secretary
Tim Rounds, Chair


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