There is a newer version of the Kentucky Revised Statutes
2009 Kentucky Revised Statutes
CHAPTER 342 WORKERS' COMPENSATION
342.735 Additional authority for administrative regulations on expediting payment of temporary total disability benefits, use of managed care, and expediting payment for and resolution of disputes concerning medical benefits.
Download pdfpayment for and resolution of disputes concerning medical benefits. (1) The commissioner shall promulgate administrative regulations to expedite the payment of temporary total disability and medical expense benefits. (2) The commissioner may promulgate administrative regulations incorporating managed care intended to reduce costs or to speed the delivery or payment of
medical services to employees receiving medical and related benefits under this
chapter. (3) The commissioner shall promulgate administrative regulations pursuant to KRS Chapter 13A establishing an expedited method for resolving medical issues prior to
the filing of a claim with the Department of Workers' Claims. The administrative
regulations shall permit an employee or other interested party, prior to the filing of a
claim, to request a determination by an administrative law judge on medical issues
relating to the reasonableness or appropriateness of the proposed medical care or
relating to the obligation of the employer or the employer's insurance carrier to
make payment of contested medical bills. However, the employee has the burden of
proof to show the medical expenses are related to the injury, reasonable and
necessary prior to an application of benefits being filed and before an award or
order of benefits. Thereafter, the burden is upon the employer. The respondent to
the moving party shall be given ten (10) days to answer a request for an expedited
determination of medical issues, and the administrative law judge shall issue a
ruling within seven (7) days thereafter. The interested parties shall be provided a
form to provide to the medical care provider and the completed form filed with the
department and served upon the respondent shall initiate the time for response and
determination. Effective: July 15, 2010
History: Amended 2010 Ky. Acts ch. 24, sec. 1844, effective July 15, 2010. -- Amended 2000 Ky. Acts ch. 514, sec. 32, effective July 14, 2000. -- Amended 1996
(1st Extra. Sess.) Ky. Acts ch. 1, sec. 67, effective December 12, 1996. -- Amended
1994 Ky. Acts ch. 181, Part 5, sec. 21, effective April 4, 1994. -- Created 1980 Ky.
Acts ch. 104, sec. 17, effective July 15, 1980.
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