34A-3-108 - Reporting of occupational diseases -- Regulation of health care providers.
34A-3-108. Reporting of occupational diseases -- Regulation of health careproviders.
(1) An employee sustaining an occupational disease, as defined in this chapter, arisingout of and in the course of employment shall provide notification to the employee's employerpromptly of the occupational disease. If the employee is unable to provide notification, theemployee's next-of-kin or attorney may provide notification of the occupational disease to theemployee's employer.
(2) (a) An employee who fails to notify the employee's employer or the division within180 days after the cause of action arises is barred from a claim of benefits arising from theoccupational disease.
(b) The cause of action is considered to arise on the date the employee first:
(i) suffers disability from the occupational disease; and
(ii) knows or in the exercise of reasonable diligence should have known, that theoccupational disease is caused by employment.
(3) The following constitute notification of an occupational disease:
(a) an employer's or physician's injury report filed with the:
(i) division;
(ii) employer; or
(iii) insurance carrier; or
(b) the payment of any medical or disability benefit by the employer or the employer'sinsurance carrier.
(4) (a) In the form prescribed by the division, an employer shall file a report with thedivision of any occupational disease resulting in:
(i) medical treatment;
(ii) loss of consciousness;
(iii) loss of work;
(iv) restriction of work; or
(v) transfer to another job.
(b) The report required under Subsection (4)(a), shall be filed within seven days after:
(i) the occurrence of an occupational disease;
(ii) the employer's first knowledge of an occupational disease; or
(iii) the employee's notification of an occupational disease.
(c) An employer shall file a subsequent report with the division of a previously reportedoccupational disease that later resulted in death. The subsequent report shall be filed with thedivision within seven days following:
(i) the death; or
(ii) the employer's first knowledge or notification of the death.
(d) A report is not required for:
(i) a minor injury that requires first-aid treatment only, unless a treating physician files,or is required to file, the Physician's Initial Report of Work Injury or Occupational Disease withthe division;
(ii) occupational diseases that manifest after the employee is no longer employed by theemployer with which the exposure occurred; or
(iii) when the employer is not aware of an exposure occasioned by the employment thatresults in an occupational disease as defined by Section 34A-3-103.
(5) An employer shall provide the employee with:
(a) a copy of the report submitted to the division; and
(b) a statement, as prepared by the division, of the employee's rights and responsibilitiesrelated to the occupational disease.
(6) An employer shall maintain a record in a manner prescribed by the division ofoccupational diseases resulting in:
(a) medical treatment;
(b) loss of consciousness;
(c) loss of work;
(d) restriction of work; or
(e) transfer to another job.
(7) An employer who refuses or neglects to make a report, maintain a record, or file areport with the division as required by this section is guilty of a class C misdemeanor and subjectto citation under Section 34A-6-302 and a civil assessment as provided under Section34A-6-307, unless the division finds that the employer has shown good cause for submitting areport later than required by this section.
(8) (a) Except as provided in Subsection (8)(c), a physician, surgeon, or other health careprovider attending an occupationally diseased employee shall:
(i) comply with the rules, including the schedule of fees, for services as adopted by thecommission; and
(ii) make reports to the division at any and all times as required as to the condition andtreatment of an occupationally diseased employee or as to any other matter concerning industrialcases being treated.
(b) A physician, as defined in Section 34A-2-111, who is associated with, employed by,or bills through a hospital is subject to Subsection (8)(a).
(c) A hospital is not subject to the requirements of Subsection (8)(a) except a hospital issubject to rules made by the commission under Subsections 34A-2-407(9)(a)(ii) and (iii).
(d) The commission's schedule of fees may reasonably differentiate remuneration to bepaid to providers of health services based on:
(i) the severity of the employee's condition;
(ii) the nature of the treatment necessary; and
(iii) the facilities or equipment specially required to deliver that treatment.
(e) This Subsection (8) does not prohibit a contract with a provider of health servicesrelating to the pricing of goods and services.
(9) A copy of the physician's initial report shall be furnished to the:
(a) division;
(b) employee; and
(c) employer or its insurance carrier.
(10) A person subject to reporting under Subsection (8)(a)(ii) or Subsection34A-2-407(9)(a)(iii) who refuses or neglects to make a report or comply with this section isguilty of a class C misdemeanor for each offense, unless the division finds that there is goodcause for submitting a late report.
(11) (a) An application for a hearing to resolve a dispute regarding an occupationaldisease claim shall be filed with the Division of Adjudication.
(b) After the filing, a copy shall be forwarded by mail to:
(i) (A) the employer; or
(B) the employer's insurance carrier;
(ii) the applicant; and
(iii) the attorneys for the parties.
(12) (a) Subject to appellate review under Section 34A-1-303, the commission hasexclusive jurisdiction to hear and determine:
(i) whether goods provided to or services rendered to an employee is compensablepursuant to this chapter and Chapter 2, Workers' Compensation Act, including the following:
(A) medical, nurse, or hospital services;
(B) medicines; and
(C) artificial means, appliances, or prosthesis;
(ii) the reasonableness of the amounts charged or paid for a good or service described inSubsection (12)(a)(i); and
(iii) collection issues related to a good or service described in Subsection (12)(a)(i).
(b) Except as provided in Subsection (12)(a), Subsection 34A-2-211(6), or Section34A-2-212, a person may not maintain a cause of action in any forum within this state other thanthe commission for collection or payment of goods or services described in Subsection (12)(a)that are compensable under this chapter or Chapter 2, Workers' Compensation Act.
Amended by Chapter 288, 2009 General Session