SEARCH SITE
VIRGINIA LAW PORTAL
- Code of Virginia
- Virginia Administrative Code
- Constitution of Virginia
- Charters
- Authorities
- Compacts
- Uncodified Acts
- RIS Users (account required)
SEARCHABLE DATABASES
- Bills & Resolutions
session legislation - Bill Summaries
session summaries - Reports to the General Assembly
House and Senate documents - Legislative Liaisons
State agency contacts
ACROSS SESSIONS
- Subject Index: Since 1995
- Bills & Resolutions: Since 1994
- Summaries: Since 1994
Developed and maintained by the Division of Legislative Automated Systems.
2012 SESSION
Be it enacted by the General Assembly of Virginia:
1. That § 65.2-714 of the Code of Virginia is amended and reenacted as follows:
§ 65.2-714. Fees of attorneys and physicians and hospital charges.
A. Fees of attorneys and physicians and charges of hospitals
for services, whether employed by employer, employee or insurance carrier under
this title, shall be subject to the approval and award of the Commission. In
addition to the provisions of Chapter 13 (§ 65.2-1300 et seq.) of this
title, the Commission shall have exclusive jurisdiction over all disputes
concerning such fees or charges and may order the repayment of the amount of
any fee which has already been paid that it determines to be excessive; appeals
from any Commission determinations thereon shall be taken as provided in
§ 65.2-706. The Commission shall also retain
jurisdiction for employees to pursue payment
of charges for medical services notwithstanding
that bills or parts of bills for
health care services may have been paid
by a source other than an employer,
workers' compensation carrier, guaranty fund
or uninsured employer's fund. No physician shall be
entitled to collect fees from an employer or insurance carrier until he has
made the reports required by the Commission in connection with the case.
B. If a contested claim is held to be compensable under this title and, after a hearing on the claim on its merits or after abandonment of a defense by the employer or insurance carrier, benefits for medical services are awarded and inure to the benefit of a third party insurance carrier or health care provider, the Commission shall award to the employee's attorney a reasonable fee and other reasonable pro rata costs as are appropriate from the sum which benefits the third party insurance carrier or health care provider. Such fees shall be based on the amount paid by the employer or insurance carrier to the third party insurance carrier or health care provider for medical, surgical and hospital service rendered to the employee through the date on which the contested claim is heard before the Deputy Commissioner. For the purpose of this subsection, a "contested claim" is an initial contested claim for benefits and claims for medical, surgical and hospital services that are subsequently contested and litigated or after abandonment of a defense by the employer or insurance carrier.
C. Payment of any obligation pursuant to this section to any third party insurance carrier or health care provider shall discharge the obligation in full. The Commission shall not reduce the amount of medical bills owed to the Commonwealth or its agencies without the written consent of the Office of the Attorney General.
D. No physician, hospital, or other health care provider as defined in § 8.01-581.1 shall balance bill an employee in connection with any medical treatment, services, appliances or supplies furnished to the employee in connection with an injury for which an award of compensation is made pursuant to § 65.2-704. For the purpose of this subsection, a health care provider "balance bills" whenever (i) an employer or the employer's insurance carrier declines to pay all of the health care provider's charge or fee and (ii) the health care provider seeks payment of the balance from the employee.