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Minnesota Legislature Update

Posted by: euser
February 08, 2007
Topic: Minnesota No-Fault Law

Senator John Marty (DFL - Roseville) and Senator Linda Higgins (DFL - Minneapolis) have introduced legislation amending the No-Fault Act’s treatment of independent medical examinations. The bill would amend Minn. Stat. § 65B.56, subdivision 1, to provide for integrity and fairness in medical examinations under no-fault automobile insurance and workers’ compensation. The senators introduced this bill, SF 691, on February 8, 2007, and it was referred to the Committee on Health, Housing, and Family Security.

The proposed legislation, relevant in part, reads as follows:

A bill for an act relating to integrity and fairness in medical examinations; regulating certain medical examinations; amending Minnesota Statutes 2006, sections 65B.56, subdivision 1; 176.136, subdivision 1c; 176.155, subdivision 1, by adding a subdivision.

BE IT ENACTED BY THE LEGISLATIVE OF THE STATE OF MINNESOTA

Section 1. Minnesota Statutes 2006, section 65B.56, subdivision 1, is amended to read:

Subdivision 1. Adverse medical examination; integrity; and discovery of condition of claimant. Any person with respect to whose injury benefits are claimed under a plan of reparation security shall, upon request of the reparation obligor from whom recovery is sought, submit to a physical an adverse medical examination by a physician or physicians selected by the obligor as may reasonably be required. The obligation to submit to an examination applies only to requests from a reparation obligor that has timely paid all medical bills for which it is responsible related to the injury for which the examination is sought.

The costs of any examinations requested by the obligor shall be borne entirely by the requesting obligor. Such examinations shall be conducted within the city, town, or statutory city of residence of the injured person. If there is no qualified physician to conduct the examination within the city, town, or statutory city of residence of the injured person, then such examination shall be conducted at another place of the closest proximity to the injured person’s residence. Obligors are authorized to include reasonable provisions in policies for mental and physical examination of those injured persons.

If requested by the person examined, a party causing an examination to be made shall deliver to the examinee a copy of every written report concerning the examination rendered by an examining physician to that person, at least one of which reports must set out in detail the findings and conclusions of such examining physician.

An injured person shall also do all things reasonably necessary to enable the obligor to obtain medical reports and other needed information to assist in determining the nature and extent of the injured person’s injuries and loss, and the medical treatment received. If the claimant refuses to cooperate in responding to requests for examination and information as authorized by this section, evidence of such noncooperation shall be admissible in any suit or arbitration filed for damages for such personal injuries or for the benefits provided by sections 65B.41 to 65B.71.