23.15.304    MEDICAL INFORMATION

(1) Physicians who have rendered medical services to a victim may submit to the unit the physician's first report and bill for initial treatment or any other appropriate report which details information regarding injuries, treatment, costs, and the physician's opinion concerning the victim's ability to work.

(2) The unit must be advised by the claimant or the treating or examining physician of the results of all examinations. The claimant may not claim a physician-client privilege.

(3) Whenever the unit requires a claimant to submit to an examination by a physician of the unit's choice, in addition to paying for such examination, the unit will reimburse the claimant for necessary and reasonable subsistence and travel costs but not in amounts more than those allowed to state employees for travel expenses.

(4) If the claimant is requesting compensation benefits to pay for costs of medical treatment, the claimant may initially select the physician to provide treatment, but the claimant must obtain prior approval from the unit before receiving treatment from another physician, except in an emergency. Unless the claimant obtains such prior approval, benefits to pay the cost of treatment may be disallowed. The attending physician is responsible for the type, duration, and frequency of treatment. If the attending physician refers the claimant to another physician, the claimant must obtain prior approval from the unit for the referral visits and treatment, except in an emergency, or the cost of treatment may be disallowed.

(5) Except under (3) , initial liability for expenses is the responsibility of the claimant.

History: Sec. 53-9-104, MCA; IMP, Sec. 53-9-104, 53-9-123, 53-9-127, MCA; NEW, 1987 MAR p. 1793, Eff. 10/16/87; AMD, 1994 MAR p. 1999, Eff. 7/22/94.