SENATE DOCKET, NO. 852        FILED ON: 1/17/2013

SENATE  .  .  .  .  .  .  .  .  .  .  .  .  .  .  No. 561

The Commonwealth of Massachusetts

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PRESENTED BY:

Michael J. Rodrigues

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To the Honorable Senate and House of Representatives of the Commonwealth of Massachusetts in General
Court assembled:

The undersigned legislators and/or citizens respectfully petition for the adoption of the accompanying bill:

An Act relative to the establishment of rates of payment to medical providers for workers’ compensation.

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PETITION OF:

SENATE DOCKET, NO. 852        FILED ON: 1/17/2013

SENATE  .  .  .  .  .  .  .  .  .  .  .  .  .  .  No. 561

The Commonwealth of Massachusetts

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In the Year Two Thousand Thirteen

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An Act relative to the establishment of rates of payment to medical providers for workers’ compensation.

Be it enacted by the Senate and House of Representatives in General Court assembled, and by the authority of the same, as follows:
 

SECTION 1.  Section 13C of chapter 118 of the General Laws, as added by section 123 of chapter 224 of the Acts of 2012, is hereby amended by adding the following at the end of the second sentence:- provided, however, in connection with the establishment of rates of payment for health care services adjudged compensable under chapter 152, the secretary or the governmental unit designated by the secretary to establish such rates shall consult with the commissioner of insurance and said commissioner shall certify that any increase in such provider rates shall not adversely affect employers’ workers’ compensation insurance rates and premiums.

SECTION 2.  Subsection (1) of section 13 of chapter 152 of the General Laws, as most recently amended by section 146 of chapter 224 of the Acts of 2012, is hereby further amended by striking out the first sentence therein and inserting in place thereof the following: -

The rate of payment by insurers for health care services adjudged compensable under this chapter shall be established by the executive office of health and human services under chapter 118E or a governmental unit designated by the executive office; provided, however, that a different rate for services may be agreed upon by the insurer, the employer and the health care service provider and provided further that any collusion between or among providers to obtain higher rates of payment from any insurer than those established under chapter one hundred and eighteen G shall be deemed to be a violation of chapter 93A.  In connection with the establishment of rates of payment for health care services adjudged compensable under this chapter, the executive office of health and human services or a governmental unit designated by the executive office shall consult with the commissioner of insurance and said commissioner shall certify that any increase in such provider rates shall not adversely affect employers’ workers’ compensation insurance rates and premiums.