Bill Would Remove Controversial Pulmonologist Requirement From WC Law

Wednesday, November 21, 2018 | 0

A Democrat and a Republican lawmaker have teamed up to try to repeal one of the most contentious sections of the Kentucky workers' compensation reform law that passed last spring.

Rep. Robert Goforth

State Rep. Angie Hatton, D-Whitesburg, and Rep. Robert Goforth, R-East Bernstadt, have pre-filed BR 163, which would eliminate the requirement that the only physicians who can diagnose black lung disease must be board-certified pulmonary specialists, not just radiologists.

That requirement was part of House Bill 2, which passed in March and revamped much of the state's workers' compensation statute. Critics have said the provision will sharply reduce coal miners' access to care because only a handful of certified pulmonologists can be found in the state.

At the same time, black lung disease is on the rise because of more intensive, dust-heavy mining methods, according to news reports by National Public Radio and Vice News that have examined the issue in recent months.

“When this bill passed, there were only a handful of doctors here in Kentucky meeting that standard, according to a news report by NPR, and nearly all were working for the coal industry or nearing retirement,” Rep. Hatton said, according to a local news report.  “This change all but cut out radiologists who are just as qualified to make black-lung diagnoses.”

“The only reason to remove radiologists was to save money at the expense of our miners,” Rep. Goforth added. “That’s just wrong."

The cost of workers' compensation for the injury and disease-prone coal industry has long been an issue in Kentucky, and coal companies supported the pulmonologist requirement.

The Kentucky legislature convenes in January.