Washington lawmakers will consider legislation that would explicitly prohibit employers from steering injured workers to a specific provider by making such conduct a violation of good faith claims-handling laws.
Injured workers in Washington must choose any provider from the network administered by the Department of Labor and Industries.
S.B. 5847, introduced Monday, would require employers to notify injured workers of their right to pick a treating provider and expressly prohibit them from inducing injured workers to get treatment from a specific provider or clinic.
Violations by self-insured employers would constitute a per se violation of the duty of good faith and fair dealing under the bill.
Current law authorizes fines of up to 52 times the state’s average weekly wage for self-insured employers that violate this duty.
For employers insured through the Department of Labor and Industries, attempting to steer injured workers to specific providers would be considered claim suppression and could be subject to a fine of $250 to $2,500.
The bill would also allow injured workers to treat outside of the network if they are unable to find a provider within 15 miles of their home.
Another provision would automatically authorize medical treatment requests if utilization review is not completed within 10 business days of receiving a request for approval.
The Washington Legislature convenes Jan. 12 for a 60-day session scheduled to end March 12.
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