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H0625................................by JUDICIARY, RULES AND ADMINISTRATION
PATIENTS - HEALTH CARE EVALUATION - Adds to existing law relating to
evidence to require health care providers, performing evaluations on
patients of other physicians at the request of third parties, to provide
certain statements to patients upon their request; and to provide for a
standard of care.
02/12 House intro - 1st rdg - to printing
02/13 Rpt prt - to Jud
|||| LEGISLATURE OF THE STATE OF IDAHO ||||
Fifty-sixth Legislature Second Regular Session - 2002
IN THE HOUSE OF REPRESENTATIVES
HOUSE BILL NO. 625
BY JUDICIARY, RULES AND ADMINISTRATION COMMITTEE
1 AN ACT
2 RELATING TO EVIDENCE; AMENDING CHAPTER 2, TITLE 9, IDAHO CODE, BY THE ADDI-
3 TION OF A NEW SECTION 9-207, IDAHO CODE, TO REQUIRE HEALTH CARE PROVIDERS,
4 PERFORMING EVALUATIONS ON PATIENTS OF OTHER PHYSICIANS AT THE REQUEST OF
5 THIRD PARTIES, TO PROVIDE CERTAIN STATEMENTS TO PATIENTS UPON THEIR
6 REQUEST AND TO PROVIDE FOR A STANDARD OF CARE.
7 Be It Enacted by the Legislature of the State of Idaho:
8 SECTION 1. That Chapter 2, Title 9, Idaho Code, be, and the same is
9 hereby amended by the addition thereto of a NEW SECTION, to be known and des-
10 ignated as Section 9-207, Idaho Code, and to read as follows:
11 9-207. HEALTH CARE PROVIDER EVALUATION PURSUANT TO THIRD PARTY REQUEST --
12 STATEMENT -- STANDARD OF CARE. (1) Any licensed health care provider that is
13 retained or obtained by a third party or its agent to evaluate the patient of
14 another physician, for the purposes or interests of the third party, shall
15 provide to the patient, upon request, a written statement containing the fol-
16 lowing information:
17 (a) The number of times in each of the prior three (3) years that the
18 provider has been retained by the third party;
19 (b) The number of times in each of the prior three (3) years that the
20 provider has been retained by any party to perform such an evaluation;
21 (c) The percentage of the provider's annual gross income for the previous
22 three (3) years, as earned from third party evaluations; and
23 (d) The percentage of the provider's professional work on a daily,
24 weekly, or monthly basis, that the provider spent performing such third
25 party evaluations during the previous twelve (12) month period.
26 (2) An evaluation by a licensed health care provider that is retained or
27 obtained by a third party or its agent to evaluate the patient of another phy-
28 sician for the purposes or interests of the third party shall be performed in
29 the best interest of the patient and be consistent with the local standard of
30 care for providers with the same expertise.
STATEMENT OF PURPOSE
RS 11974
“Independent medical examinations” are sometimes used to
provide a different view of a party’s injuries. This can be
lucrative for the provider, but can also bring bias of the provider
into question when performing independent medical examinations
becomes the foundation of the provider’s practice. This legislation
gives parties to litigation the right to information that will
disclose the potential for bias of such providers.
FISCAL IMPACT
None.
Contact
Name: Rep. Dick Harwood
Phone: 332-1000
STATEMENT OF PURPOSE/FISCAL NOTE H 625