1.1.................... moves to amend H.F. No. 2478 as follows:
1.2Page 6, after line 26, insert:

"1.3    Sec. 2. Minnesota Statutes 2015 Supplement, section 176.136, subdivision 1b,
1.4is amended to read:
1.5    Subd. 1b. Limitation of liability. (a) The liability of the employer for treatment,
1.6articles, and supplies provided to an employee while an inpatient or outpatient at a Critical
1.7Access Hospital certified by the Centers for Medicare and Medicaid Services, or while an
1.8outpatient at a hospital with 100 or fewer licensed beds, shall be the hospital's usual and
1.9customary charge, unless the charge is determined by the commissioner or a compensation
1.10judge to be unreasonably excessive.
1.11    (b) The liability of the employer for the treatment, articles, and supplies that are not
1.12limited by paragraph (a), subdivision 1a, 1c, or section 176.1362 shall be limited to 85
1.13percent of the provider's usual and customary charge, or 85 percent of the prevailing
1.14charges for similar treatment, articles, and supplies furnished to an injured person when
1.15paid for by the injured person, whichever is lower. On this basis, the commissioner or
1.16compensation judge may determine the reasonable value of all treatment, services, and
1.17supplies, and the liability of the employer is limited to that amount. The commissioner
1.18may by rule establish the reasonable value of a service, article, or supply in lieu of the
1.1985 percent limitation in this paragraph. A prevailing charge established under Minnesota
1.20Rules, part 5221.0500, subpart 2, must be based on no more than two years of billing data
1.21immediately preceding the date of the service.
1.22    (c) The limitation of liability for charges provided by paragraph (b) does not apply
1.23to a nursing home that participates in the medical assistance program and whose rates are
1.24established by the commissioner of human services.
1.25    (d) An employer's liability for treatment, articles, and supplies provided under this
1.26chapter by a health care provider located outside of Minnesota is limited to the payment that
2.1the health care provider would receive if the treatment, article, or supply were paid under
2.2the workers' compensation law of the jurisdiction in which the treatment was provided.
"2.3Page 7, line 4, delete "and 2" and insert "to 3"
2.4Page 7, after line 4, insert:


2.7    Section 1. Minnesota Statutes 2014, section 176.011, subdivision 7a, is amended to read:
2.8    Subd. 7a. (1) Compensation judge. "Compensation judge" means a workers'
2.9compensation judge at the Office of Administrative Hearings.
2.10    (2) Calendar judge. "Calendar judge" means a workers' compensation judge at the
2.11Office of Administrative Hearings.
2.12    (3) Compensation judge. "Compensation judge" means a compensation judge at
2.13the Department of Labor and Industry. Compensation judges may conduct settlement
2.14conferences, issue summary decisions, approve settlements and issue awards thereon,
2.15determine petitions for attorney fees and costs, and make other determinations,
2.16decisions, orders, and awards as may be delegated to them by law or the commissioner.
2.17Compensation judges must be learned in the law.

2.18    Sec. 2. Minnesota Statutes 2014, section 176.137, subdivision 1, is amended to read:
2.19    Subdivision 1. Requirement; determination. The employer shall furnish to an
2.20employee who is permanently disabled because of a personal injury suffered in the course
2.21of employment with that employer such alteration or remodeling of the employee's
2.22principal residence as is reasonably required to enable the employee to move freely into
2.23and throughout the residence and to otherwise adequately accommodate the disability.
2.24Any remodeling or alteration shall be furnished only when the division or Workers'
2.25Compensation Court of Appeals determines that the injury is to such a degree that the
2.26employee is substantially prevented from functioning within the principal residence.

2.27    Sec. 3. Minnesota Statutes 2014, section 176.137, subdivision 4, is amended to read:
2.28    Subd. 4. Certification required; exceptions. (a) Except as provided in paragraph
2.29(b), no award may be made except upon the certification of a licensed architect to the
2.30division or Workers' Compensation Court of Appeals that the proposed alteration or
2.31remodeling of an existing residence or the building or purchase of a new or different
2.32residence is reasonably required for the purposes specified in subdivision 1. The Council on
2.33Disability shall advise the division or Workers' Compensation Court of Appeals as provided
3.1in section 256.482, subdivision 5, clause (7). The alteration or remodeling of an existing
3.2residence, or the building or purchase of a new home must be done under the supervision
3.3of a licensed architect relative to the specific needs to accommodate the disability.
3.4    (b) Remodeling or alteration projects do not require an architect's certification and
3.5supervision if the project is:
3.6    (1) approved by the Council on Disability;
3.7    (2) performed by a residential building contractor or residential remodeler licensed
3.8under section 326B.805, subdivision 1; and
3.9    (3) approved by a certified building official or certified accessibility specialist under
3.10section 326B.133, subdivision 3a, paragraphs (b) and (d), who states in writing that the
3.11proposed remodeling or alterations are reasonably required to enable the employee to move
3.12freely into and throughout the residence and to otherwise accommodate the disability.

3.13    Sec. 4. Minnesota Statutes 2014, section 176.137, is amended by adding a subdivision
3.14to read:
3.15    Subd. 6. Disputes. A proceeding to resolve a dispute under this section shall be
3.16initiated by petition under sections 176.271 and 176.291 and decided by a compensation
3.17judge at the office under section 176.305, 176.322, or 176.341. The decision of the
3.18compensation judge is appealable to the Workers' Compensation Court of Appeals under
3.19section 176.421.

3.20    Sec. 5. Minnesota Statutes 2014, section 176.331, is amended to read:
3.21176.331 PROCEEDINGS WHEN ANSWER NOT FILED.
3.22    Except in cases involving multiple employers or multiple insurers, if an adverse
3.23party fails to file and serve an answer or obtain an extension from the commissioner or the
3.24petitioner as required by section 176.321, subdivision 3, the commissioner shall refer the
3.25matter to the chief administrative law judge for an immediate hearing and prompt award
3.26or other order. The adverse party that failed to file an answer may appear at the hearing,
3.27present evidence and question witnesses, but shall not be granted a continuance for any
3.28reason except upon a showing of good cause.
3.29    If an adverse party who fails to serve and file an answer is neither insured for
3.30workers' compensation liability nor a licensed self-insured as required by section 176.181
3.31and the special compensation fund is a party to the proceeding, the commissioner or
3.32compensation judge may enter an order awarding benefits to the petitioning party without
3.33a hearing if so requested by the special compensation fund.

4.1    Sec. 6. Minnesota Statutes 2014, section 176.361, subdivision 1, is amended to read:
4.2    Subdivision 1. Right to intervene. A person who has an interest in any matter
4.3before the Workers' Compensation Court of Appeals, or commissioner, or compensation
4.4judge such that the person may either gain or lose by an order or decision may intervene in
4.5the proceeding by filing an application or a motion in writing stating the facts which show
4.6the interest. The commissioner is considered to have an interest and shall be permitted
4.7to intervene at the appellate level when a party relies in its claim or defense upon any
4.8statute or rule administered by the commissioner, or upon any rule, order, requirement, or
4.9agreement issued or made under the statute or rule.
4.10    The commissioner may adopt rules, not inconsistent with this section to govern
4.11intervention. The Workers' Compensation Court of Appeals shall adopt rules to govern the
4.12procedure for intervention in matters before it.
4.13    If the Department of Human Services or the Department of Employment and
4.14Economic Development seeks to intervene in any matter before the division, a
4.15compensation judge or the Workers' Compensation Court of Appeals, a nonattorney
4.16employee of the department, acting at the direction of the staff of the attorney general,
4.17may prepare, sign, serve and file motions for intervention and related documents, appear
4.18at attend prehearing conferences, and participate in matters before a compensation judge
4.19or the Workers' Compensation Court of Appeals. Any other interested party may intervene
4.20using a nonattorney and may participate in any proceeding to the same extent an attorney
4.21could. This activity shall not be considered to be the unauthorized practice of law. An
4.22intervenor represented by a nonattorney shall be deemed to be represented by an attorney
4.23for the purposes of the conclusive presumption of section 176.521, subdivision 2.
4.24    Subdivisions 3 to 6 do not apply to matters pending in the mediation or rehabilitation
4.25and medical services sections the following proceedings conducted by the Department
4.26of Labor and Industry or the office: mediation proceedings; discontinuance conferences
4.27under section 176.239; or administrative conferences under section 176.106.

4.28    Sec. 7. Minnesota Statutes 2014, section 176.361, subdivision 2, is amended to read:
4.29    Subd. 2. Written application or motion. A person desiring to intervene in a
4.30workers' compensation case as a party, including but not limited to a health care provider
4.31who has rendered services to an employee or an insurer who has paid benefits under
4.32section 176.191, shall submit a timely written application or motion to intervene to the
4.33commissioner, the office, or to the court of appeals, whichever is applicable.
4.34    (a) The application or motion must be served on all parties, except for other
4.35intervenors, either personally, by first class mail, or by registered mail, return receipt
5.1requested. An application or A motion to intervene must be served and filed within 60
5.2days after a potential intervenor has been served with notice of a right to intervene or
5.3within 30 days of notice of an administrative conference. Upon the filing of a timely
5.4application or motion to intervene, the potential intervenor shall be granted intervenor
5.5status without the need for an order. Objections to the intervention may be subsequently
5.6addressed by a compensation judge. Where a motion to intervene is not timely filed
5.7under this section, the potential intervenor interest shall be extinguished and the potential
5.8intervenor may not collect, or attempt to collect, the extinguished interest from the
5.9employee, employer, insurer, or any government program.
5.10    (b) The application or motion must show how the applicant's legal rights, duties, or
5.11privileges may be determined or affected by the case; state the grounds and purposes for
5.12which intervention is sought; and indicate the statutory right to intervene. The application
5.13or motion must be accompanied by the following:
5.14    (1) an itemization of disability payments showing the period during which the
5.15payments were or are being made; the weekly or monthly rate of the payments; and the
5.16amount of reimbursement claimed;
5.17    (2) a summary of the medical or treatment payments, or rehabilitation services
5.18provided by the Vocational Rehabilitation Unit, broken down by creditor, showing the
5.19total bill submitted, the period of treatment or rehabilitation covered by that bill, the
5.20amount of payment on that bill, and to whom the payment was made;
5.21    (3) copies of all medical or treatment bills on which some for which payment was
5.22made is sought;
5.23    (4) copies of the work sheets or other information stating how the payments on
5.24medical or treatment bills were calculated;
5.25    (5) a copy of the relevant policy or contract provisions upon which the claim for
5.26reimbursement is based;
5.27    (6) the name and telephone number of the person representing the intervenor who
5.28has authority to represent the intervenor, including but not limited to the authority to
5.29reach a settlement of the issues in dispute;
5.30    (7) proof of service or copy of the registered mail receipt evidencing service on all
5.31parties except for other intervenors;
5.32    (8) at the option of the intervenor, a proposed stipulation which states that all of the
5.33payments for which reimbursement is claimed are related to the injury or condition in
5.34dispute in the case and that, if the petitioner is successful in proving the compensability of
5.35the claim, it is agreed that the sum be reimbursed to the intervenor; and
6.1    (9) if represented by an attorney, the name, address, telephone number, and
6.2Minnesota Supreme Court license number of the attorney.

6.3    Sec. 8. Minnesota Statutes 2014, section 176.361, subdivision 3, is amended to read:
6.4    Subd. 3. Stipulation. If the person submitting the application or motion for
6.5intervention to intervene has included a proposed stipulation, all parties shall either
6.6execute and return the signed stipulation to the intervenor who must file it with the
6.7division or judge or serve upon the intervenor and all other parties and file with the
6.8division specific and detailed objections to any payments made by the intervenor which
6.9are not conceded to be correct and related to the injury or condition the petitioner has
6.10asserted is compensable. If a party has not returned the signed stipulation or filed specific
6.11and detailed objections within 30 days of service of the application or motion to intervene,
6.12the intervenor's right to reimbursement for the amount sought is deemed established
6.13provided that the petitioner's claim is determined to be compensable. The office may
6.14establish procedures for filing objections if a timely motion to intervene is filed less than
6.1530 days before a scheduled hearing.

6.16    Sec. 9. Minnesota Statutes 2014, section 176.361, subdivision 4, is amended to read:
6.17    Subd. 4. Attendance by intervenor. Unless a stipulation has been signed and filed or
6.18the intervenor's right to reimbursement has otherwise been established, the intervenor shall
6.19attend all settlement or pretrial conferences, administrative conferences, and the hearing.
6.20Failure A person who has submitted a timely written motion to intervene, as required by
6.21subdivision 2, is not required to attend settlement or pretrial conferences or the hearing,
6.22unless attendance is ordered by the compensation judge assigned to the case, pursuant to a
6.23motion to require the intervenor's attendance filed by a party or as a matter of the judge's
6.24discretion. A motion to require attendance must be served and filed at least 20 days before
6.25a scheduled hearing, and the compensation judge must serve and file an order granting or
6.26denying the motion at least ten days before a scheduled hearing. If attendance is ordered,
6.27failure of the intervenor to appear attend a proceeding either in person or, if approved by
6.28the compensation judge, by telephone or some other electronic medium, shall result in the
6.29denial of the claim for reimbursement. except upon a showing of good cause. If attendance
6.30has not been ordered, this subdivision does not prohibit an intervenor from attending a
6.31conference or hearing in person, or from requesting permission from the compensation
6.32judge to attend a conference or hearing by telephone or other electronic medium.

6.33    Sec. 10. Minnesota Statutes 2014, section 176.361, subdivision 5, is amended to read:
7.1    Subd. 5. Order Objections. If an a specific and detailed objection to intervention
7.2remains following settlement or pretrial conferences, the issue shall be addressed at the
7.3hearing. If the intervenor has not been ordered to attend the hearing pursuant to subdivision
7.44, or has received permission to attend the hearing by telephone or other electronic
7.5medium, the intervenor may provide a written response to the objection before the hearing
7.6according to subdivision 6 for consideration as a matter of discretion by the judge.

7.7    Sec. 11. Minnesota Statutes 2014, section 176.361, subdivision 6, is amended to read:
7.8    Subd. 6. Presentation of evidence by intervenor. Unless a stipulation has been
7.9signed and filed or the intervenor's right to reimbursement has otherwise been established,
7.10the intervenor shall present evidence in support of the claim at or before the hearing unless
7.11otherwise ordered by the compensation judge. When the intervenor has not been ordered
7.12to attend the hearing pursuant to subdivision 4, or has received permission to attend the
7.13hearing by telephone or other electronic medium, the office may establish a procedure
7.14for submission of the intervenor's evidence and response to outstanding objections to
7.15intervention. If the intervenor does not submit a written response to the objection before
7.16the hearing, the compensation judge's determination on the objection must be based on
7.17the information and evidence submitted prior to or at the hearing, as a matter of judicial
7.18discretion.

7.19    Sec. 12. Minnesota Statutes 2014, section 176.361, is amended by adding a subdivision
7.20to read:
7.21    Subd. 8. Chief administrative law judge orders. The chief administrative law
7.22judge may issue standing orders to implement this section. The chief administrative law
7.23judge has the authority to issue standing orders instead of, or in addition to, the authority
7.24granted to the office or compensation judges under this section, provided that any standing
7.25order issued by the chief administrative law judge must be consistent with this section.

7.26    Sec. 13. EFFECTIVE DATE.
7.27    This article is effective August 1, 2016.
"7.28Renumber the sections in sequence and correct the internal references
7.29Amend the title accordingly