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- Alaska Statutes.
- Title 23. Labor and Workers' Compensation
- Chapter 30. Alaska Workers' Compensation Act
- Section 97. Fees for Medical Treatment and Services.
previous: Section 95
. Medical Treatments, Services, and Examinations.
next: Section 100
. Notice of Injury or Death.
AS 23.30.097. Fees for Medical Treatment and Services.
- (a) All fees and other charges for medical treatment or service are subject to regulation by the
board consistent with this section. A fee or other charge for medical treatment or service may not exceed the lowest of
- (1) the usual, customary, and reasonable fees for the treatment or service in the community in
which it is rendered, for treatment or service
- (A) provided before August 1, 2007, not to exceed the fees in the fee schedule specified by the
board in its published bulletin dated December 1, 2004;
- (B) provided on or after August 1, 2007, but before March 31, 2009, not to exceed the fees
otherwise applicable in (A) of this paragraph adjusted by the percentage change from 2004 to 2006 in the medical care
component of the Consumer Price Index for all urban consumers compiled by the United States Department of Labor, Bureau
of Labor Statistics;
- (2) the fee or charge for the treatment or service when provided to the general public; or
- (3) the fee or charge for the treatment or service negotiated by the provider and the employer
under (c) of this section.
- (b) An employer or group of employers may establish a list of preferred physicians and treatment
service providers to provide medical, surgical, and other attendance or treatment services to the employer's employees
under this chapter; however,
- (1) the employee's right to chose the employee's attending physician under AS 23.30.095 (a) is not impaired;
- (2) when given to the employee, the employer's preferred physician list must clearly state that
the list is voluntary, that the employee's choice is not restricted to the list, that the employee's rights under this
chapter are not impaired by choosing an attending physician from the list, and that, if the employee chooses an
attending physician from the list, the employee may, in the manner provided in AS 23.30.095 , make one change of attending physician, from
the list or otherwise; and
- (3) establishment of a list of preferred physicians does not affect the employer's choice of
physician for an employer medical examination under AS 23.30.095 .
- (c) An employer or group of employers may negotiate with physicians and other treatment service
providers under this chapter to obtain reduced fees and service charges and may take the fees and charges into account
when forming a list of preferred physicians and providers. In no event may an employer or group of employers attempt to
influence the treatment, medical decisions, or ratings by the physicians in the course of the negotiations of such a
preferred physician and provider fee plans.
- (d) An employer shall pay an employee's bills for medical treatment under this chapter, excluding
prescription charges or transportation for medical treatment, within 30 days after the date that the employer receives
the provider's bill or a completed report as required by AS 23.30.095 (c), whichever is later.
- (e) A physician or other provider of treatment services under this chapter, including hospital
services, that submits a bill for medical treatment to the insurer or self-insured employer shall also submit a copy of
the bill to the employee to whom the treatment was provided. An employee who notifies the insurer or self-insured
employer's adjuster in writing of an overcharge in the bill that was not previously identified by the insurer or
self-insured employer's adjuster shall be entitled to a reward equal to 25 percent of the billing reduction or
reimbursement achieved due to the employee's report. This reward does not apply to overcharges of an amount under $100
if the insurer or self-insured employer's adjuster elects not to pursue correction of the bill.
- (f) An employee may not be required to pay a fee or charge for medical treatment or service
provided under this chapter.
- (g) Unless the employer controverts a charge, the employer shall reimburse an employee's
prescription charges under this chapter within 30 days after the employer receives the health care provider's completed
report and an itemization of the prescription charges for the employee. Unless the employer controverts a charge, an
employer shall reimburse any transportation expenses for medical treatment under this chapter within 30 days after the
employer receives the health care provider's completed report and an itemization of the dates, destination, and
transportation expenses for each date of travel for medical treatment. If the employer does not plan to make or does not
make payment or reimbursement in full as required by this subsection, the employer shall notify the employee and the
employee's health care provider in writing that payment will not be made timely and the reason for the nonpayment. The
notification must be provided not later than the date that the payment is due under this subsection.
Article 03. COMPENSATION PROCEEDINGS
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