S 465 Session 110 (1993-1994)
S 0465 General Bill, By Glover, Ford and Jackson
A Bill 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, 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.
02/24/93 Senate Introduced and read first time SJ-7
02/24/93 Senate Referred to Committee on Labor, Commerce and
Industry SJ-7
A BILL
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, 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 may order such further medical,
surgical, hospital, or other treatment as may in the
discretion of the 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 and, in addition, such surgical and
hospital service and supplies as may be deemed
considered necessary by such the attending
physician or the 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 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.
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