New Hampshire Revised Statutes 281-A:38-a – Examination of Injured Employees Covered by Managed Care Programs
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Terms Used In New Hampshire Revised Statutes 281-A:38-a
- Commissioner: means the labor commissioner appointed as provided in RSA 273. See New Hampshire Revised Statutes 281-A:2
- employee: includes persons who regularly operate businesses or practice their trades, professions, or occupations, whether individually, or in partnership, or association with other persons, whether or not they hire others as employees. See New Hampshire Revised Statutes 281-A:2
- Employer: with respect to private employment, means:
(a) A person, partnership, association, corporation, or legal representative of a person, partnership, association or corporation who employs one or more persons whether in one or more trades, businesses, professions or occupations and whether in one or more locations. See New Hampshire Revised Statutes 281-A:2 - Health care provider: as used in this chapter includes doctors, chiropractors, rehabilitation providers, health services, health care facilities, and health maintenance organizations. See New Hampshire Revised Statutes 281-A:2
- Injury: or "personal injury" as used in and covered by this chapter means accidental injury or death arising out of and in the course of employment, or any occupational disease or resulting death arising out of and in the course of employment, including disability due to radioactive properties or substances or exposure to ionizing radiation. See New Hampshire Revised Statutes 281-A:2
- Insurance carrier: shall include any corporation licensed to sell insurance in this state from which an employer has obtained a workers' compensation insurance policy in accordance with the provisions of this chapter. See New Hampshire Revised Statutes 281-A:2
If an injured employee who is covered by a managed care program established in accordance with N.H. Rev. Stat. § 281-A:23-a is dissatisfied with a determination made by such program relating to compensability, degree of disability or degree of impairment arising from an injury, the injured employee may apply to the commissioner for authorization to obtain an independent examination and report thereof by a duly qualified health care provider, in accordance with N.H. Rev. Stat. § 281-A:38, of the injured employee’s choice. The commissioner shall grant one such authorization as a matter of course. Authorization for additional independent examination regarding the same injury may be granted only if the commissioner finds that exceptional circumstances exist which cast reasonable doubt on the accuracy of the report of the first independent examination. The health care provider conducting an independent examination authorized by the commissioner under this section shall be entitled to a reasonable fee therefor, which shall be paid by the employer or the employer’s insurance carrier. Nothing in this section shall be construed to prevent an injured employee from obtaining an examination by a health care provider of the injured employee’s choice, at the employee’s expense.