44-510h.
836 words·~4 min read·
/ks/chapter-44/44-510hA research copy — for the controlling text, always check the official state or federal source. Not legal advice.
44-510h. Medical compensation; change of healthcare provider; examination by alternate healthcare provider; faith healing; preventative hepatitis treatment; presumption of employer's obligations; termination of.
(a)It shall be the duty of the employer to provide the services of a healthcare provider and such medical, surgical and hospital treatment, including nursing, medicines, medical and surgical supplies, ambulance, crutches, apparatus and transportation to and from the home of the injured employee to a place outside the community in which such employee resides and within such community if the director, in the director's discretion, so orders, including transportation expenses computed in accordance with K.S.A. 44-515 (a), and amendments thereto, as may be reasonably necessary to cure and relieve the employee from the effects of the injury.
(1)If the director finds, upon application of an injured employee, that the services of the healthcare provider furnished as provided in subsection
(a)and rendered on behalf of the injured employee are not satisfactory, the director may authorize the appointment of some other healthcare provider. In any such case, the employer shall submit the names of two healthcare providers who, if possible given the availability of local healthcare providers, are not associated in practice together. The injured employee may select one from the list who shall be the authorized treating healthcare provider. If the injured employee is unable to obtain satisfactory services from any of the healthcare providers submitted by the employer under this paragraph, either party or both parties may request the director to select a treating healthcare provider.
(2)Without application or approval, an employee may consult a healthcare provider of the employee's choice for the purpose of examination, diagnosis or treatment, but the employer shall only be liable for the fees and charges of such healthcare provider up to a total amount of $800. The amount allowed for such examination, diagnosis or treatment shall not be used to obtain a functional impairment rating. Any medical opinion obtained in violation of this prohibition shall not be admissible in any claim proceedings under the workers compensation act.
(c)An injured employee whose injury or disability has been established under the workers compensation act may rely, if done in good faith, solely or partially on treatment by prayer or spiritual means in accordance with the tenets of practice of a church or religious denomination without suffering a loss of benefits subject to the following conditions:
(1)The employer or the employer's insurance carrier agrees thereto in writing either before or after the injury;
(2)the employee submits to all physical examinations required by the workers compensation act;
(3)the cost of such treatment shall be paid by the employee unless the employer or insurance carrier agrees to make such payment;
(4)the injured employee shall be entitled only to benefits that would reasonably have been expected had such employee undergone medical or surgical treatment; and
(5)the employer or insurance carrier that made an agreement under paragraph
(1)or
(3)may withdraw from the agreement on 10 days' written notice.
(d)In any employment to which the workers compensation act applies, the employer shall be liable to each employee who is employed as a duly authorized law enforcement officer, firefighter, an emergency medical service provider as defined in K.S.A. 65-6112 , and amendments thereto, or a member of a regional emergency medical response team as provided in K.S.A. 48-928 , and amendments thereto, including any person who is serving on a volunteer basis in such capacity, for all reasonable and necessary preventive medical care and treatment for hepatitis to which such employee is exposed under circumstances arising out of and in the course of employment.
(1)It is presumed that the employer's obligation to provide the services of a healthcare provider and such medical, surgical and hospital treatment, including nursing, medicines, medical and surgical supplies, ambulance, crutches, apparatus and transportation to and from the home of the injured employee to a place outside the community in which such employee resides and within such community if the director, in the director's discretion, so orders, including transportation expenses computed in accordance with K.S.A. 44-515 (a), and amendments thereto, shall terminate upon the employee reaching maximum medical improvement.
(2)If the employee has undergone an invasive or surgical procedure or an authorized treating healthcare provider recommends that the employee will need an invasive or surgical procedure in the future, the presumption in subsection (e)(1) as to termination of the right to medical treatment may be overcome with evidence that it is more probably true than not that future medical treatment will be needed after the employee reaches maximum medical improvement.
(3)In all other cases, such presumption to terminate the right to medical treatment provided by the employer may be overcome only with clear and convincing evidence of the need for future medical treatment.
(4)As used in this subsection, "medical treatment" means only that treatment provided or prescribed by a licensed healthcare provider and shall not include home exercise programs or over-the-counter medications.