Delaware House Bill 166 (Prior Session Legislation)

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Completed Legislative Action
Spectrum: Slight Partisan Bill (Democrat 5-3)
Status: Passed on July 27 2015 - 100% progression
Action: 2015-07-27 - Signed by Governor
Text: Latest bill text (Draft #1) [HTML]

The purpose of this bill is to allow injured workers who seek medical care from out-of-state, non-certified health care providers, in the payment of their medical expenses. This revision will correct a flaw in the current statute that was exposed by the Delaware Supreme Court in the case of Wyatt v. Rescare Home Care, 81 A. 3d 1253 (Del. 2013) and Vanvliet v. D&B Transportation, 105 A.3d 390 (Del. 2014.). This bill removes the certification requirement for health care providers who are not licensed in Delaware, but licensed in another state; changes the allowable payment for these non-certified, out-of-state providers to the lesser of the usual and customary, the other state’s maximum reimbursement, Delaware’s maximum reimbursement, or a negotiated contract; and adds utilization review as a payer recourse for non-certified, out-of-state providers. This bill also allows the Workers’ Compensation Oversight Panel to realize the 2016 and 2017 mandated medical cost savings in the Delaware workers’ compensation system through any component of the health care payment system and not just the fee schedule. This bill also allows the Workers’ Compensation Oversight Panel to create regulations pertaining to the use of electronic billing in the workers’ compensation healthcare payment system.

An Act To Amend Title 19 Of The Delaware Code Relating To Workers’ Compensation.

Rep. Bryon Short [D]	Sen. Patricia Blevins [D]	Rep. Ruth Briggs King [R]	Rep. Ruth Briggs King [R]
Rep. Michael Mulrooney [D]	Rep. Edward Osienski [D]	Sen. Bruce Ennis [D]	Sen. Gerald Hocker [R]

2015-07-01 - Senate - Senate Third Reading (Y: 21 N: 0 NV: 0 Abs: 0) [PASS]

Date	Chamber	Action
2015-07-27	House	Signed by Governor
2015-07-01	Senate	Passed by Senate. Votes: Passed 21 YES 0 NO 0 NOT VOTING 0 ABSENT 0 VACANT
2015-06-24	Senate	Reported Out of Committee (INSURANCE & TELECOMMUNICATIONS) in Senate with 2 Favorable, 3 On Its Merits
2015-06-18	Senate	Assigned to Insurance & Telecommunications Committee in Senate
2015-06-18	House	Passed by House of Representatives. Votes: Passed 39 YES 0 NO 0 NOT VOTING 2 ABSENT 0 VACANT
2015-06-10	House	Reported Out of Committee (ECONOMIC DEVELOPMENT/BANKING/INSURANCE/COMMERCE) in House with 8 On Its Merits
2015-06-09	House	Introduced and Assigned to Economic Development/Banking/Insurance/Commerce Committee in House

Type	Source
Summary	http://legis.delaware.gov/LIS/lis148.nsf/2bede841c6272c888025698400433a04/fb9c2426284f73f285257e510068ac3c?OpenDocument
Text	http://legis.delaware.gov/LIS/lis148.nsf/vwLegislation/HB+166/$file/legis.html?open
Roll Call	http://legis.delaware.gov/LIS/lis148.nsf/7712cf7cc0e9227a852568470077336f/7b5ad3ed41136a6185257e75001685d7?OpenDocument