On April 11, 2018, the Kentucky Federal District Court for the Eastern District ruled in Doctors Hospital of Augusta, LLC v. Commonwealth of Kentucky, et al., that a constitutional challenge to Kentucky's workers compensation medical fee schedule can proceed, denying the state's motion to dismiss.
The plaintiff, an out-of-state hospital, sued the injured worker and the state of Kentucky to collect the entire billed amount for out-of-state medical treatment provided to the worker.
The hospital contends that Kentucky statutes subjecting out-of-state medical providers to the Kentucky fee schedule violates various provisions of both the state and federal constitutions. NCCI will continue to monitor this case for potential impacts.
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