Shown verbatim: the complete text as captured from the official PDF posted by the Arkansas General Assembly, fetched 2026-07-23. Page and line markers are part of the official record; nothing is edited or removed. The official bill page.
Stricken language would be deleted from and underlined language would be added to present law.
1 State of Arkansas A Bill
2 95th General Assembly
3 Regular Session, 2025 SENATE BILL 284
4
5 By: Senator J. Payton
6
7
8 For An Act To Be Entitled
9 TO MODIFY THE EMPLOYER'S LIABILITY UNDER THE WORKERS'
10 COMPENSATION LAW THAT RESULTED FROM INITIATED MEASURE
11 1948, NO. 4; AND FOR OTHER PURPOSES.
12
13
14 Subtitle
15 TO MODIFY THE EMPLOYER'S LIABILITY UNDER
16 THE WORKERS' COMPENSATION LAW THAT
17 RESULTED FROM INITIATED MEASURE 1948,
18 NO. 4.
19
20 BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF ARKANSAS:
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22 SECTION 1. Arkansas Code � 11-9-508(c) and (d), concerning the system
23 of managed health care established by the Workers' Compensation Commission,
24 are amended to read as follows:
25 (c) In order to help control the cost of medical benefits, the
26 commission, on or before July 1, 1994, following a public hearing and with
27 the assistance and cooperation of the State Insurance Department, is
28 authorized and directed to establish appropriate rules to establish and
29 implement shall maintain a system of managed health care for the State of
30 Arkansas.
31 (d) For the purpose of establishing and implementing a system of
32 managed health care, the commission is authorized to:
33 (1) Develop rules for the certification of managed care entities
34 to provide managed care to injured workers;
35 (2) Develop rules for peer review, service utilization, and
36 resolution of medical disputes;
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1 (3) Prohibit "balance billing" from the employee, employer, or
2 carrier;
3 (4)(A) Establish fees for medical services as provided in
4 Workers' Compensation Commission Rule 30 and its amendments.
5 (B) The commission shall make no distinction in approving
6 fees from different classes of medical service providers or healthcare
7 providers for provision of the same or essentially similar medical services
8 or healthcare services as specified in this section; and
9 (5)(A)(i) Give the employer the right to choose the initial
10 treating physician, with the injured employee having the right to petition
11 the commission for a one-time-only change of physician to one who is
12 associated with a managed care entity certified by the commission or is to
13 encourage continuity of care and improved outcomes, an injured worker has the
14 right to be treated by the regular treating physician of the employee who
15 maintains the employee's medical records and with whom the employee has a
16 bona fide doctor-patient relationship demonstrated by a history of regular
17 treatment prior to the onset of the compensable injury, but only if the
18 primary care physician agrees to refer the employee to a certified managed
19 care entity for any specialized treatment, including physical therapy, and
20 only if such primary care physician agrees to comply with all the rules,
21 terms, and conditions regarding services performed by the managed care entity
22 initially chosen by the employer or otherwise agrees to the commission rules
23 and fee schedule.
24 (ii) A treating physician shall make appropriate
25 referrals to relevant specialists for necessary medical treatment if the
26 primary care physician agrees to refer the employee to a certified managed
27 care entity for any specialized treatment.
28 (iii) In addition to a change to the regular
29 treating physician under subdivision (d)(5)(A)(i) of this section, no more
30 than once per year, the injured employee has the right to petition the
31 commission for a change of treating physician to:
32 (a) Another treating physician who is
33 associated with a managed care entity certified by the commission or
34 otherwise agrees to the commission rules and fee schedule; or
35 (b) An appropriate specialist physician who is
36 associated with a managed care entity certified by the commission or
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1 otherwise agrees to the commission rules and fee schedule.
2 (iv) This subdivision (5)(A) specifically recognizes
3 that an injured employee may require treatment from multiple specialists and
4 an injured worker may obtain one (1) change of a specialist physician per
5 year for each relevant specialty.
6 (B) A petition for change of physician shall be expedited
7 by the commission.
8
9 SECTION 2. Arkansas Code � 11-9-508, concerning the employer's
10 liability for medical services under the Workers' Compensation Law, is
11 amended to add an additional subsection to read as follows:
12 (g)(1) The employer shall petition the commission for approval of any
13 independent medical exam.
14 (2) The petition described in subdivision (g)(1) of this section
15 shall include the identity of, credentials of, and fees to be paid to the
16 examiner conducting the independent medical exam and the stated purpose of
17 the independent medical exam.
18 (3) All correspondence, records, and reports provided to the
19 examiner conducting the independent medical exam shall be furnished to the
20 claimant or claimant's counsel at the time the correspondence, records, and
21 reports are transmitted to the examiner conducting the independent medical
22 exam.
23 (4) A record or report generated by the examiner conducting the
24 independent medical exam shall be promptly furnished to the claimant or
25 claimant's counsel.
26 (5)(A) The claimant has the right to depose the examiner
27 conducting the independent medical exam.
28 (B) If the claimant deposes the examiner conducting the
29 independent medical exam under subdivision (g)(5)(A) of this section, the
30 claimant shall:
31 (i) Pay a witness fee to the examiner conducting the
32 independent medical exam at the rate specified under Commission Rule 099.30
33 (I)(P); and
34 (ii) Be responsible for payment of any court
35 reporter expenses.
36 (6) This subsection applies to any record review, peer review,
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1 report, second opinion, or consultation obtained by the employer for use in
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