44-510h.Medical compensation; change of healthcare provider; examination by alternate health care provider; faith healing;preventative hepatitis treatment.(a) It shall be the duty of the employer to provide the services of a healthcare provider, and suchmedical, surgical and hospital treatment, including nursing, medicines, medicaland surgicalsupplies, ambulance, crutches, apparatus and transportation to and fromthe home of theinjured employee to a place outside the community in which such employeeresides, and withinsuch community if the director, in the director's discretion, so orders,including transportationexpenses computed in accordance with subsection (a) of K.S.A. 44-515 andamendments thereto,as may be reasonably necessary to cure and relieve the employee from theeffects of the injury.
(b) (1) If the director finds, upon application of an injured employee,that the services of thehealth care provider furnished as provided in subsection (a) and rendered onbehalf of the injuredemployee are not satisfactory, the director may authorize the appointment ofsome other healthcare provider. In any such case, the employer shall submit the names of threehealth careproviders who, if possible given the availability of local health careproviders, are not associated in practice together. The injured employeemay select one fromthe list who shall be the authorized treating health care provider. If theinjured employee isunable to obtain satisfactory services from any of the health care providerssubmitted by theemployer under this paragraph, either party or both parties may request thedirector to select atreating health care provider.
(2) Without application or approval, an employee may consult a health careprovider of theemployee's choice for the purpose of examination, diagnosis or treatment, butthe employer shallonly be liable for the fees and charges of such health care provider up to atotal amount of $500.The amount allowed for such examination, diagnosis or treatment shall not beused to obtain afunctional impairment rating. Any medical opinion obtained in violation of thisprohibition shallnot be admissible in any claim proceedings under the workers compensation act.
(c) An injured employee whose injury or disability has beenestablished under the workerscompensation act may rely, if done in good faith, solely or partially ontreatment by prayer orspiritual means in accordance with the tenets of practice of a church orreligious denominationwithout suffering a loss of benefits subject to the following conditions:
(1) The employer or the employer's insurance carrier agrees thereto inwriting either beforeor after the injury;
(2) the employee submits to allphysical examinations required by the workerscompensation act;
(3) the cost of such treatment shallbe paid by the employee unless the employer orinsurance carrier agrees to make such payment;
(4) the injured employee shall beentitled only to benefits that would reasonably have beenexpected had such employee undergone medical or surgical treatment; and
(5) the employer or insurance carrier that made an agreement under paragraph(1) or (3) ofthis subsection may withdraw from the agreement on 10 days' written notice.
(d) In any employment to which the workers compensation act applies, theemployer shall beliable to each employee who is employed as a duly authorized law enforcementofficer,firefighter, driver of anambulance as defined in subsection (b) of K.S.A. 65-6112, and amendmentsthereto, an ambulance attendant as defined in subsection (d) of K.S.A. 65-6112,and amendments thereto, or a member of a regional emergency medical responseteam as provided in K.S.A. 48-928, and amendments thereto, includingany person who isserving on a volunteer basis in such capacity, for all reasonable and necessarypreventive medicalcare and treatment for hepatitis to which such employee is exposed undercircumstances arisingout of and in the course of employment.
History: L. 2000, ch. 160, § 1;L. 2002, ch. 149, § 3; July 1.
44-510h.Medical compensation; change of healthcare provider; examination by alternate health care provider; faith healing;preventative hepatitis treatment.(a) It shall be the duty of the employer to provide the services of a healthcare provider, and suchmedical, surgical and hospital treatment, including nursing, medicines, medicaland surgicalsupplies, ambulance, crutches, apparatus and transportation to and fromthe home of theinjured employee to a place outside the community in which such employeeresides, and withinsuch community if the director, in the director's discretion, so orders,including transportationexpenses computed in accordance with subsection (a) of K.S.A. 44-515 andamendments thereto,as may be reasonably necessary to cure and relieve the employee from theeffects of the injury.
(b) (1) If the director finds, upon application of an injured employee,that the services of thehealth care provider furnished as provided in subsection (a) and rendered onbehalf of the injuredemployee are not satisfactory, the director may authorize the appointment ofsome other healthcare provider. In any such case, the employer shall submit the names of threehealth careproviders who, if possible given the availability of local health careproviders, are not associated in practice together. The injured employeemay select one fromthe list who shall be the authorized treating health care provider. If theinjured employee isunable to obtain satisfactory services from any of the health care providerssubmitted by theemployer under this paragraph, either party or both parties may request thedirector to select atreating health care provider.
(2) Without application or approval, an employee may consult a health careprovider of theemployee's choice for the purpose of examination, diagnosis or treatment, butthe employer shallonly be liable for the fees and charges of such health care provider up to atotal amount of $500.The amount allowed for such examination, diagnosis or treatment shall not beused to obtain afunctional impairment rating. Any medical opinion obtained in violation of thisprohibition shallnot be admissible in any claim proceedings under the workers compensation act.
(c) An injured employee whose injury or disability has beenestablished under the workerscompensation act may rely, if done in good faith, solely or partially ontreatment by prayer orspiritual means in accordance with the tenets of practice of a church orreligious denominationwithout suffering a loss of benefits subject to the following conditions:
(1) The employer or the employer's insurance carrier agrees thereto inwriting either beforeor after the injury;
(2) the employee submits to allphysical examinations required by the workerscompensation act;
(3) the cost of such treatment shallbe paid by the employee unless the employer orinsurance carrier agrees to make such payment;
(4) the injured employee shall beentitled only to benefits that would reasonably have beenexpected had such employee undergone medical or surgical treatment; and
(5) the employer or insurance carrier that made an agreement under paragraph(1) or (3) ofthis subsection may withdraw from the agreement on 10 days' written notice.
(d) In any employment to which the workers compensation act applies, theemployer shall beliable to each employee who is employed as a duly authorized law enforcementofficer,firefighter, driver of anambulance as defined in subsection (b) of K.S.A. 65-6112, and amendmentsthereto, an ambulance attendant as defined in subsection (d) of K.S.A. 65-6112,and amendments thereto, or a member of a regional emergency medical responseteam as provided in K.S.A. 48-928, and amendments thereto, includingany person who isserving on a volunteer basis in such capacity, for all reasonable and necessarypreventive medicalcare and treatment for hepatitis to which such employee is exposed undercircumstances arisingout of and in the course of employment.
History: L. 2000, ch. 160, § 1;L. 2002, ch. 149, § 3; July 1.
44-510h.Medical compensation; change of healthcare provider; examination by alternate health care provider; faith healing;preventative hepatitis treatment.(a) It shall be the duty of the employer to provide the services of a healthcare provider, and suchmedical, surgical and hospital treatment, including nursing, medicines, medicaland surgicalsupplies, ambulance, crutches, apparatus and transportation to and fromthe home of theinjured employee to a place outside the community in which such employeeresides, and withinsuch community if the director, in the director's discretion, so orders,including transportationexpenses computed in accordance with subsection (a) of K.S.A. 44-515 andamendments thereto,as may be reasonably necessary to cure and relieve the employee from theeffects of the injury.
(b) (1) If the director finds, upon application of an injured employee,that the services of thehealth care provider furnished as provided in subsection (a) and rendered onbehalf of the injuredemployee are not satisfactory, the director may authorize the appointment ofsome other healthcare provider. In any such case, the employer shall submit the names of threehealth careproviders who, if possible given the availability of local health careproviders, are not associated in practice together. The injured employeemay select one fromthe list who shall be the authorized treating health care provider. If theinjured employee isunable to obtain satisfactory services from any of the health care providerssubmitted by theemployer under this paragraph, either party or both parties may request thedirector to select atreating health care provider.
(2) Without application or approval, an employee may consult a health careprovider of theemployee's choice for the purpose of examination, diagnosis or treatment, butthe employer shallonly be liable for the fees and charges of such health care provider up to atotal amount of $500.The amount allowed for such examination, diagnosis or treatment shall not beused to obtain afunctional impairment rating. Any medical opinion obtained in violation of thisprohibition shallnot be admissible in any claim proceedings under the workers compensation act.
(c) An injured employee whose injury or disability has beenestablished under the workerscompensation act may rely, if done in good faith, solely or partially ontreatment by prayer orspiritual means in accordance with the tenets of practice of a church orreligious denominationwithout suffering a loss of benefits subject to the following conditions:
(1) The employer or the employer's insurance carrier agrees thereto inwriting either beforeor after the injury;
(2) the employee submits to allphysical examinations required by the workerscompensation act;
(3) the cost of such treatment shallbe paid by the employee unless the employer orinsurance carrier agrees to make such payment;
(4) the injured employee shall beentitled only to benefits that would reasonably have beenexpected had such employee undergone medical or surgical treatment; and
(5) the employer or insurance carrier that made an agreement under paragraph(1) or (3) ofthis subsection may withdraw from the agreement on 10 days' written notice.
(d) In any employment to which the workers compensation act applies, theemployer shall beliable to each employee who is employed as a duly authorized law enforcementofficer,firefighter, driver of anambulance as defined in subsection (b) of K.S.A. 65-6112, and amendmentsthereto, an ambulance attendant as defined in subsection (d) of K.S.A. 65-6112,and amendments thereto, or a member of a regional emergency medical responseteam as provided in K.S.A. 48-928, and amendments thereto, includingany person who isserving on a volunteer basis in such capacity, for all reasonable and necessarypreventive medicalcare and treatment for hepatitis to which such employee is exposed undercircumstances arisingout of and in the course of employment.
History: L. 2000, ch. 160, § 1;L. 2002, ch. 149, § 3; July 1.
