Trial lawyers urge broader pre-authorization rules, warn worker deadline could leave injured people 'out of luck'

Keith Simple, with the Oregon Trial Lawyers Association, told the Management-Labor Advisory Committee that the proposed pre-authorization rule does not meet the needs identified by providers and stakeholders during subcommittee discussions. “We really don't think that they go far enough to address the crisis that spurned all of the subcommittee meetings,” Simple said, arguing the draft limits the process to attending physicians and enumerated services and therefore excludes specialists and other providers who seek timely authorizations.

Giovanna Patrick, also with the Oregon Trial Lawyers Association, described case examples in which accepted claims languished for months while providers repeatedly requested authorization without response. “There’s nothing in the rule as it's written that holds insurers to their processing requirements,” Patrick said, adding that the draft could leave unrepresented workers without meaningful recourse if insurers fail to document receipt of requests. Both speakers urged the division and MLAC to broaden stakeholder outreach (including rehab and specialty providers) and to align any pre-authorization turnaround with the quicker elective‑surgery model.