Current Status Bill Number:
214Type of Legislation: General Bill GBIntroducing Body: SenateIntroduced Date: 19950110Primary Sponsor: GloverAll Sponsors: GloverDrafted Document Number: RES9493.MWGCompanion Bill Number: 3708Residing Body: SenateCurrent Committee: Judiciary Committee 11 SJSubject: Workers' compensation laws
Body Date Action Description Com Leg Involved ______ ________ _______________________________________ _______ ____________ Senate 19950110 Introduced, read first time, 11 SJ referred to Committee Senate 19941017 Prefiled, referred to Committee 11 SJView additional legislative information at the LPITS web site.
TO AMEND SECTION 42-15-60, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO PERIODS IN WHICH MEDICAL SUPPLIES AND TREATMENT MUST BE FURNISHED UNDER WORKERS' COMPENSATION LAWS, SO AS TO FURTHER PROVIDE FOR THE PERIODS WHEN THIS TREATMENT MUST BE FURNISHED AND THE CONDITIONS OF AND PROCEDURES FOR FURNISHING TREATMENT, TO DELETE THE BAN TO COMPENSATION WHEN AN EMPLOYEE REFUSES TREATMENT, AND TO DEFINE CERTAIN TREATMENT TERMS TO INCLUDE CHIROPRACTIC CARE; AND TO AMEND SECTION 42-15-70, RELATING TO AN EMPLOYER'S LIABILITY FOR TREATMENT AND THE EFFECT OF MALPRACTICE, SO AS TO FURTHER PROVIDE FOR CONDITIONS UNDER WHICH AN EMPLOYER IS LIABLE FOR CHARGES AND TO REQUIRE APPROVAL OF TREATMENT OF A HEALTH CARE PROVIDER SELECTED BY AN EMPLOYEE BEFORE AN EMPLOYER IS LIABLE FOR THE CHARGES.
Be it enacted by the General Assembly of the State of South Carolina:
SECTION 1. Section 42-15-60 of the 1976 Code is amended to read:
"Section 42-15-60. (A) Medical, surgical, hospital, and other treatment, including medical and surgical supplies as reasonably may reasonably be required, for a period not exceeding ten weeks from the date of an injury to effect a cure or give relief and for such additional time as in the judgment of the Commission will tend to lessen the period of disability and, in addition thereto, such original artificial members as reasonably may be reasonably necessary at the end of the healing period shall must be provided by the employer. In case of a controversy arising between employer and employee, the Commission commission may order such further medical, surgical, hospital, or other treatment as may in the discretion of the Commission commission may be necessary. During the whole or any part of the remainder of disability resulting from the injury, the employer may, at his own option, may continue to furnish or cause to be furnished, free of charge to the employee, and the employee shall may accept an attending physician selected by the employer when the employee has waived his right to select a treating physician, unless otherwise ordered by the Commission commission and, in addition, such surgical and hospital service and supplies as may be deemed considered necessary by such the attending physician or the Commission commission. The refusal of an employee to accept any medical, hospital, surgical or other treatment when provided by the employer or ordered by the Commission shall bar such employee from further compensation until such refusal ceases and no compensation shall at any time be paid for the period of suspension unless in the opinion of the Commission the circumstances justified the refusal, in which case the Commission may order a change in the medical or hospital service. If in an emergency on account of the employer's failure to provide the medical care as specified in this section a physician other than provided by the employer is called to treat the injured employee the reasonable cost of such service shall be paid by the employer if so ordered by the Commission.
(B) The injured employee may make the initial selection of physician from among the licensed physicians in the State who must be paid by the employer or commission in the same manner as attending physicians designated by the employer or commission are paid. The employee must notify the employer of his choice of physician before treatment or as soon as reasonably possible after treatment has been provided. The physician selected by the employee may arrange for consultation, referral, or other specialized medical services as the nature of the injury requires. If the employee is unable to make this selection, the initial treatment required immediately following the injury must be rendered by a physician selected by the employer, but after this initial treatment the employee may select his own physician. All medical reports concerning an injury of an employee must be furnished at the same time and in the same manner to the employer and employee in compliance with commission regulations.
(C) `Medical, surgical, hospital, or other treatment' for the purposes of this section includes chiropractic treatment when requested by the employee.
(D) In cases in which total and permanent disability results, reasonable and necessary nursing services, medicines, prosthetic devices, sick travel, medical, hospital, and other treatment or care shall must be paid during the life of the injured employee, without regard to any limitation in this title, including the maximum compensation limit. In cases of partial permanent disability, prosthetic devices shall also must be also furnished during the life of the injured employee or so long as they are necessary."
SECTION 2. Section 42-15-70 of the 1976 Code is amended to read:
"Section 42-15-70. The pecuniary liability of the employer for medical, surgical, and hospital service or other treatment required, when ordered by the Commission commission or when provided by a physician selected by the employee, shall must be limited to such charges as prevail those prevailing in the community for similar treatment of injured persons of a like standard of living when such the treatment is paid for by the injured person and the . The employer shall is not be liable in damages for malpractice by a physician or surgeon furnished by him pursuant to the provisions of this section, but the consequences of any such the malpractice shall must be deemed part of the injury resulting from the accident and shall must be compensated for as such. Charges as approved by the commission constitute the full amount owed to health care providers, and the employer is not liable for medical, surgical, and hospital services or other treatment provided by a health care provider selected by the employee until the treatment has been approved by the commission."
SECTION 3. This act takes effect upon approval by the Governor.