Sec. 101. Mandatory disclosure of medical information and reports
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Part A of the Black Lung Benefits Act ( 30 U.S.C. 901 et seq. ) is amended by adding at the end the following: In any claim for benefits under this title, an operator that requires a miner to submit to a medical examination regarding the miner’s respiratory or pulmonary condition shall timely deliver to the claimant a complete copy of the resulting medical information. The medical information shall— be in writing; set out in detail the findings of any examining or non-examining physician, including any diagnoses and conclusions, the results of any diagnostic imaging tests, and any other tests performed on the miner; and be delivered not later than 30 days after the operator or operator’s agent has received the medical information and, in the case of medical information received after a claim is already scheduled for hearing before an administrative law judge, not later than 20 days before the scheduled hearing is held.
In any claim for benefits under this title, each party shall provide all other parties in the proceeding with a copy of all medical information developed regarding the miner’s physical condition relating to such claim, even if the party does not intend to submit the information as evidence. For purposes of paragraph (1), the term medical information — shall include the opinion of any examining or non-examining physician’s assessment of the miner, the results of any medical tests or procedures, and any physician’s or other medical professional’s interpretations of those tests or procedures; and shall not include— any record of a miner’s hospitalization or other medical treatment; or any communication from a party’s representative to a medical expert.
The Secretary shall promulgate regulations regarding the disclosure of medical information under this section, and such regulations may establish sanctions for noncompliance with this section. .
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Sec. 101
Mandatory disclosure of medical information and reports
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