The Commonwealth of Massachusetts
——————
PETITION OF:
The Commonwealth of Massachusetts
——————
PETITION OF:
——————
In the Year Two Thousand and Seven.
——————
Be it enacted by the Senate and House of Representatives in General Court assembled, and by the authority of the same, as follows:
SECTION 1. Chapter 152 of the General Laws, as appearing in the 2004 Official Edition, is hereby amended by striking out section 13 and inserting in place thereof the following section:-
Section 13. The rate of payment by insurers for health care services adjudged compensable under this chapter shall be established by the rate setting commission under the provisions of chapter six A.
No insurer shall be liable for hospitalization expenses, adjudged compensable under this chapter at a rate in excess of the rate set by the rate setting commission, or for other health services in excess of the rate established for that service by the rate setting commission. Nor shall any employee be liable for services adjudged compensable under this chapter, which have been paid for at the rates established by the rate setting commission.
The board shall advise the commissioner on matters arising under this section.
SECTION 2. Said chapter 152 is hereby further amended by striking out section 30, as so appearing, and inserting in place thereof the following section:-
Section 30. The insurer shall furnish to an injured employee adequate and reasonable medical and hospital services, and medicines if needed, together with the expenses necessarily incidental to such services, and in the case of an injured employee, a physical examination shall be give at least once a year while the employee is a resident in a hospital. The employee may select a physician other than the one provided by the insurer; and in case he shall be treated by a physician of his own selection, or where in case of emergency or for other than the one provided by the insurer is called into treat the injured employee, the reasonable cost of the physician’s services shall be paid by the insurer, subject to the approval of the division. Such approval shall be granted only if the division finds that the employee was so treated by such physician or there was such emergency or justifiable cause, and in all cases that the services were adequate and reasonable and the charges reasonable. In any case where the division is of the opinion that the fitting of the employee with an artificial eye or limb, or other mechanical appliance, will promote his restoration to or continue him in industry, it may order that he be provided with such an artificial eye, limb or appliance, at the expense of the insurer. The provisions of this section shall be applicable so long as such services are necessary, notwithstanding the fact that maximum compensation under other sections of this chapter may have been received by the injured employee.