Delaware Code Title 19 Sec. 2346 – Hearing upon disagreement on charges for medical and other services …
If any person charged with the payment of medical and other services and the provider to whom said payment is due fail to reach an agreement in regard to such charges, any interested party may notify the Department of the facts. The Department shall thereupon notice the time and place of hearing sent by certified mail or by secure email with an electronic receipt to all parties in interest. The Board shall hear and determine the matter. No party to the proceedings shall have any liability for the payment of charges in excess of the amount deemed reasonable and necessary; provided, that the provider is subject to the jurisdiction of the Board and made a party to the proceedings. As provided in § 2320(7) of this title, the Board may, in any case, appoint a disinterested and duly-qualified physician to make any necessary medical examination of the employee and testify in respect thereto. Such medical examination shall not be referred to as an “Independent Medical Examination” or “IME” in any proceeding or on any document relating to a matter under this chapter; nor shall any examination, required by the employer, by any other doctor, who is an employee of an insurance company, or who is paid by an insurance company, or who is under contract to an insurance company, be referred to as an “Independent Medical Examination” or “IME.” The Board may impose a fine not to exceed $500 for each use of the term “Independent Medical Exam” or “IME” in violation of this section.
Code 1915, § ?3193h; 29 Del. Laws, c. 233; 30 Del. Laws, c. 203, § ?2; 32 Del. Laws, c. 186, § ?1; Code 1935, § ?6078; 19 Del. C. 1953, § ?2346; 50 Del. Laws, c. 267, § ?4; 70 Del. Laws, c. 534, § ?1; 71 Del. Laws, c. 84, § ?14; 71 Del. Laws, c. 422, § ?2; 72 Del. Laws, c. 206, § ?3; 72 Del. Laws, c. 399, § ?3; 81 Del. Laws, c. 333.;
Terms Used In Delaware Code Title 19 Sec. 2346
- Board: means the Industrial Accident Board. See Delaware Code Title 19 Sec. 2301
- Contract: A legal written agreement that becomes binding when signed.
- Department: means the Department of Labor. See Delaware Code Title 19 Sec. 2301
- Employee: means every person in service of any corporation (private, public, municipal or quasi-public), association, firm or person, excepting those employees excluded by this subchapter, under any contract of hire, express or implied, oral or written, or performing services for a valuable consideration, excluding spouse and minor children of a farm employer unless the spouse or minor child is a bona fide employee of a farm employer and is named in an endorsement to the farm employer's contract of insurance, and excluding any person whose employment is casual and not in the regular course of the trade, business, profession or occupation of his or her employer, and not including persons to whom articles or materials are furnished or repaired, or adopted for sale in the worker's own home, or on the premises not under the control or management of the employer. See Delaware Code Title 19 Sec. 2301
- Employer: includes all those who employ others unless they are excluded from the application of this chapter by any provision of this subchapter, and if the employer is insured, the term shall include the insurer as far as practicable; employer shall also include the governing body for which employable relief recipients are assigned work under §§ 901-905 of Title 31. See Delaware Code Title 19 Sec. 2301
- Jurisdiction: (1) The legal authority of a court to hear and decide a case. Concurrent jurisdiction exists when two courts have simultaneous responsibility for the same case. (2) The geographic area over which the court has authority to decide cases.
- Testify: Answer questions in court.