Things You Need to Know About Substitute House Bill (SHB) 1068
SHB 1068 was adopted into law by the legislature effective July 23, 2023. This legislation amends RCW 51.36.070, giving workers the right to record independent medical examinations (IMEs) ordered under that section, RCW 51.32.110 or by the Board of Industrial Insurance Appeals.
Updated Publications:
The publication Your Independent Medical Exam: For Employees of Self-Insured Businesses (F207-202-000 – English and F207-202-999 – Spanish) has been updated as has the Self-Insurance IME Assignment Letter (F207-238-000). You must use these versions for all IMEs scheduled on or after July 23, 2023.
Rulemaking:
WAC 296-23-367, “May the worker videotape or audiotape the independent medical examination?” currently states video and audio recording isn’t allowed. The rule needs to be repealed to align with the statute and an expedited proposal to do that was filed on June 6, 2023. Additional details about this process can be found here.
Additionally, the legislation instructed L&I to adopt rules to define the notification process when a worker intends to record an IME. This rulemaking will be conducted later in 2023 with implementation planned prior to year-end.
Resources:
L&I has drafted a Frequently Asked Questions (FAQ) in English and Spanish to help workers, employers and IME providers understand the legislative changes. This document will be updated as necessary.
Questions? Contact LaNae Lien at lanae.lien@lni.wa.gov
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