An Act To Amend the Maine Workers' Compensation Act of 1992 To Remove Independent Medical Examiners
Maine Legislature, Session 124, LD 0617
Committee: Labor
Sponsors: GERZOFSKY, PINGREE, BARTLETT, JACKSON, MARRACHE, BERRY
Amends: 39-A MRSA §110, 39-A MRSA §312, 39-A MRSA §355-C

Legislative Document 
No. 617 
S.P.232 
In Senate, February 17, 2009 
An Act To Amend the Maine Workers' Compensation Act of 1992 
To Remove Independent Medical Examiners 
Reference to the Committee on Labor suggested and ordered printed. 
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JOY 1. O'BRIEN 
Secretary of the Senate 
Presented by Senator GERZOFSKY of Cumberland. 
Cosponsored by Speaker PINGREE of North Haven and 
Senators: BARTLETT of Cumberland, JACKSON of Aroostook, MARRACHE of Kennebec, 
Representative: BERRY of Bowdoinham. 
Printed on recycled paper 
Be it enacted by the People of the State of Maine as follows: 
Sec. 1. 39-A MRSA §110, sub-§l, ~C, as enacted by PL 1991, c. 885, Pt. A, §8 
and affected by § § 8 to 11, is repealed. 
Sec. 2. 39-A MRS A §207, first~, as amended by PL 2001, c. 278, §1, is further 
amended to read: 
An employee being treated by a health care provider of the employee's own choice 
shall, after an injury and at all reasonable times during the continuance of disability if so 
requested by the employer, submit to an examination by a physician, surgeon or 
chiropractor authorized to practice as such under the laws of this State, to be selected and 
paid by the employer. 
The physician, surgeon or chiropractor must have an active 
practice of treating patients. 
For purposes of this section, "active practice" may be 
demonstrated by having active clinical privileges at a hospital. A physician or surgeon 
must be certified in the field of practice that treats the type of injury complained of by the 
employee. 
Certification must be by a board recognized by the An1erican Board of 
Medical Specialties or the American Osteopathic Association or their successor 
organizations. A chiropractor licensed by the Board of Chiropractic Licensure; who has 
an active practice of treating patients may provide a 2nd opinion when the initial opinion 
was given by a chiropractor. Once an employer selects a health care provider to examine 
an employee, the employer may not request that the employee be examined by more than 
one other health care provider, other than an independent medical exmniner appointed 
pursuant to section 312, without prior approval from the employee or a hearing officer. 
This provision does not limit an employer's right to request that the employee be 
examined by a specialist upon referral by the health care provider. Once the employee is 
examined by the specialist, the employer may not request that the employee be examined 
by a different specialist in the same specialty, other than an independent medical 
examiner appointed pursuant to section 312, without prior approval from the employee or 
the board. The employee has the right to have a physician, surgeon or chiropractor of the 
employee's own selection present at such an examination, whose costs are paid by the 
employer. The employer shall give the employee notice of this right at the time the 
employer requests an examination. 
Sec. 3. 39-A MRS A §209, sub-§3, as enacted by PL 1991, c. 885, Pt. A, §8 and 
affected by §§9 to 11, is amended to read: 
3. Limitation on reimbursement. In order to qualify for reimbursement for health 
care s'ervices provided to employees under this Title, health care providers providing 
individual health care services and courses of treatment may not charge more for the 
services or courses of treatment for employees than is charged to private 3rd-party payors 
for similar services or courses of treatment. An employer is not responsible for charges 
that are determined to be excessive or treatment determined to be inappropriate l3y-an 
independent medical examiner appointed pursuant to section 312 or by the insurance 
carrier, self-insurer or group self-insurer pursuant to section 210, subsection 7 or the 
board pursuant to section 210, subsection 8. 
Sec. 4. 39-A MRSA §312, as amended by PL 2005, c. 24, §§ 1 and 2, is repealed. 
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Sec. 5. 39-A MRSA §355-C, sub-§6, as enacted by PL 2001, c. 448, §5, is 
repealed. 
SUMMARY 
This bill removes the independent medical examiner system from the Maine Workers' 
Compensation Act of 1992.