Session of 2021
SENATE BILL No. 259
By Committee on Ways and Means
2-17

1 AN ACT concerning workers compensation; providing for admission of a
2 healthcare provider's medical report as testimony of the heathcare
3 provider without necessity of other foundational evidence; amending
4 K.S.A. 2020 Supp. 44-516 and repealing the existing section.
5
6 Be it enacted by the Legislature of the State of Kansas:
7 Section 1. K.S.A. 2020 Supp. 44-516 is hereby amended to read as
8 follows: 44-516. (a) In case of a dispute as to the injury, the director, in the
9 director's discretion, or upon request of either party, may employ one or
10 more neutral health care healthcare providers, not exceeding three in
11 number, who shall be of good standing and ability. The health care
12 healthcare providers shall make such examinations of the injured
13 employee as the director may direct. The report of any such health care
14 healthcare provider shall be considered by the administrative law judge in
15 making the final determination.
16 (b) If at least two medical opinions based on competent medical
17 evidence disagree as to the percentage of functional impairment, such
18 matter may be referred by the administrative law judge to an independent
19 health care healthcare provider who shall be agreed upon by the parties.
20 Where the parties cannot agree, an independent healthcare provider shall
21 be selected by the administrative law judge. The health care healthcare
22 provider agreed to by the parties or selected by the administrative law
23 judge pursuant to this section shall issue an opinion regarding the
24 employee’s functional impairment which shall be considered by the
25 administrative law judge in making the final determination.
26 (c) The testimony of a treating or examining healthcare provider may
27 be submitted in evidence on the issues in controversy by a medical report
28 and shall be admissible without other foundational evidence, subject to
29 compliance with the following procedures:
30 (1) The party intending to submit a medical report in evidence shall
31 give notice at least 60 days prior to the hearing to all parties and shall
32 provide reasonable opportunity to all parties to obtain cross-examination
33 testimony of the healthcare provider by deposition. The notice shall
34 include a copy of the report and all the clinical and treatment records of
35 the healthcare provider, including copies of all records and reports
36 received by the healthcare provider from other healthcare providers;
SB 259 2
1 (2) the party offering the report shall make the healthcare provider
2 available for cross-examination testimony by deposition not later than
3 seven days before the matter is set for hearing, and each cross-examiner
4 shall compensate the healthcare provider for the portion of testimony
5 obtained in an amount not to exceed a rate of reasonable compensation
6 taking into consideration the specialty practiced by the healthcare
7 provider. Cross-examination testimony shall not bind the cross-examining
8 party. Any testimony obtained by the offering party shall be at that party's
9 expense on a proportional basis, including the deposition fee of the
10 healthcare provider;
11 (3) upon request of any party, the party offering a medical report in
12 evidence shall also make available copies of diagnostic studies obtained
13 by or relied upon by the healthcare provider; and
14 (4) a party may, within ten days after receipt of a notice of intent to
15 submit a medical report in evidence, dispute whether a report meets the
16 requirements of a medical report as defined in subsection (d) by providing
17 written objections to the offering party stating the grounds for the dispute.
18 At the request of any party, the administrative law judge shall rule upon
19 such objections at the pretrial hearing and determine whether the report
20 meets the requirements and the admissibility of the report or portions
21 thereof. If no objections are filed the report shall be admissible, and any
22 objections to its admission are waived. Nothing in this subsection shall
23 prevent the parties from agreeing to admit medical reports or records by
24 consent.
25 (d) For purposes of subsection (c), "medical report" means the report
26 of a healthcare provider providing the healthcare provider's qualifications
27 and the patient's history, complaints, details of the findings of any
28 laboratory, x-ray and all other technical examinations, diagnosis,
29 prognosis, nature of disability and an estimate of the percentage of
30 functional impairment. An element or elements of a medical report may be
31 met by the healthcare provider's records.
32 Sec. 2. K.S.A. 2020 Supp. 44-516 is hereby repealed.
33 Sec. 3. This act shall take effect and be in force from and after its
34 publication in the statute book.

Statutes affected:
As introduced: 44-516