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ND SB2298

Bill

Status

Passed

5/24/2013

Primary Sponsor

Ralph Kilzer

Click for details

Origin

Senate

63rd Legislative Assembly

AI Summary

  • Eliminates the presumption of controlling weight in favor of a treating doctor's medical opinion in workers' compensation cases.

  • Requires the organization to resolve conflicting medical opinions by considering seven specific factors: length and frequency of treatment relationship, nature and extent of treatment, relevant evidence supporting the opinion, consistency with the overall medical record, appearance of bias, medical specialization, and other relevant factors.

  • Establishes that a treating doctor's opinion can be rejected if not well-supported by medically acceptable clinical and laboratory diagnostic techniques or inconsistent with substantial evidence in the injured employee's record.

  • Excludes managed care programs operating under section 65-02-20 from these requirements.

  • Grants the organization authority to determine whether a doctor qualifies as an injured employee's treating doctor.

Legislative Description

Workers' compensation consideration of treating doctor's opinions.

Last Action

Signed by Governor 05/03

5/24/2013

Committee Referrals

Industry, Business, and Labor1/22/2013

Full Bill Text

No bill text available