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2012 Enacted Workers Compensation Legislation

2012 Enacted Workers Compensation Legislation

12/31/2012

book and stethscopeThirty-six states and Puerto Rico enacted workers compensation legislation during the 2012 legislative session. Measures included occupational disease and line of duty coverage for first responders, administrative technology and data sharing, employer liability for failure to provide coverage, and fraud investigation and reduction.

Alabama

AL H 5 - Establishes death or disability benefits for occupational diseases for firefighters of the state. 05/23/2012 - Act No. 2012-559

AL S 244 - Provides coverage for members of the Alabama National Guard and State Defense Force who suffer personal injury as a direct result of active military service not covered by the State Employees Injury Compensation Program. 05/10/2012 - Act No. 2012-333

AL H 497 - Exempts sports officials from workers' compensation coverage. 05/22/2012 - Act No. 2012-523

Arizona

AZ S 1016 – Provides for electronic transfer of workers' compensation benefits. 03/13/2012 - Chapter No. 12

AZ H 2155 – Provides for periodic drug testing of employees off work on workers' compensation claims. 04/03/2012 - Chapter No. 156

AZ H 2368 - Relates to the liability of a third person to an injured employee and to the further aggravation of a previously accepted industrial injury. 04/12/2012 - Chapter No. 240

AZ H 2643 - Relates to supplemental benefit plans for a public safety officer with a duty-related injury. 04/18/2012 - Chapter No. 287

California

CA S 863 - Provides for a mass revision of the workers' compensation laws, including chiropractic care, return-to-work program, labor-management agreements, self-insured employers, surgery, re-training and skill enhancement, home health care services, independent medical review, medical provider networks, billing, liens, language interpretation services, and reporting requirements. 09/19/2012 - Chaptered by Secretary of State. Chapter No. 363

CA S 1105 - Requires the Workers' Compensation Appeals Board to allow a lien for loss-of-time benefits due to injuries paid by a self-insured employee welfare benefit plan. 09/28/2012 - Chaptered by Secretary of State. Chapter No. 712

CA S 1177 - In cases where an employer is convicted of a crime against an employee, prohibits a worker’s compensation payment to the employee from being used to offset the restitution owed to the victim unless the court finds that the defendant substantially met the obligation to pay premiums for that insurance coverage. 09/30/2012 - Chaptered by Secretary of State. Chapter No. 868

CA S 1513 - Authorizes the State Compensation Insurance Fund to invest a specified percentage of the moneys that are in excess of the required assets and required reserves in specified investments. 09/30/2012 - Chaptered by Secretary of State. Chapter No. 839

CA A 2069 - Relates to existing law that provides scholarships for dependents of peace officers killed or disabled in the line of duty, and requires the employer of such officer to continue to provide benefits to the deceased employee's spouse unless the spouse elects the benefits in a lump sum. 09/30/2012 - Chaptered by Secretary of State. Chapter No. 819

CA A 2219 - Requires roofing contractors to have workers compensation insurance even if they have no employees. Relates to audits. 09/19/2012 - Chaptered by Secretary of State. Chapter No. 389

CA A 2301 – Amends existing law establishing the State Insurance Guarantee Association to provide coverage against losses arising from the failure of an insolvent property, casualty, or workers' compensation insurer. 07/09/2012 - Chaptered by Secretary of State. Chapter No. 57

CA A 2303 - Relates to insurance, including industrial life and industrial disability insurance certificates of convenience. 09/29/2012 - Chaptered by Secretary of State. Chapter No. 786

Colorado

CO S 110 - Concerns surcharges on insurance premiums to pay for costs associated with criminal prosecution of insurance fraud investigations. 05/10/2012 - Session Law Chaptered. Chapter No. 158

CO H 1033 - Concerns the authority of the director of the division of workers' compensation to impose administrative fines for late reporting of injuries or occupational diseases under the Workers' Compensation Act. 03/27/2012 - Session Law Chaptered. Chapter No. 43

Connecticut

CT S 99 - Requires physicians and physical therapists to inform a patient whether they would provide care and treatment to the patient in return for a letter of protection guaranteeing payment. 05/08/2012 - Public Act No. 12-14

CT S 339 - Eliminates a requirement that the department adopt regulations concerning fee schedules for workers' compensation claims. 06/15/2012 - Public Act No. 12-205

CT S 353 - Relates to payments from the state's second injury fund. 06/06/2012 - Public Act No. 12-77

CT H 5233 - Provides municipal paid or volunteer fire department firefighters with workers' compensation benefits for post-traumatic stress disorder that resulted from such firefighter witnessing the death of another firefighter in the line of duty. 06/15/2012 - Public Act No. 12-126

CT H 5545 - Concerns financial liability for ambulance services but excludes work related injuries. 06/15/2012 - Public Act No. 12-142

Delaware

DE S 238 - Provides for provider compliance with the medical treatment expense cost savings measures required by the Workers' Compensation Healthcare Payment System. 08/07/2012 - Chapter Number 391

Florida

FL S 140 - Repeals a provision requiring the Department of Financial Services to make an annual report on the administration of the Workers' Compensation Law. 04/07/2012 - Filed as Chapter No. 2012-34

FL H 941 - Authorizes commercial lines carriers, at the expiration of a policy term, to transfer the policy to another authorized insurer under the same direct or indirect ownership, management, or control as the transferring insurer. 05/06/2012 - Filed as Chapter No. 2012-213

FL S 1996 - Addresses workers' compensation coverage for participants in work experience activities. 04/22/2012 - Filed as Chapter No. 2012-127

FL H 5203 - Terminates the Workers' Compensation Administrative Trust Fund. 04/22/2012 - Filed as Chapter No. 2012-135

FL H 7023 - Repeals expiration date of provision stating that participants in adult or youth work experience activities are employees of state for purposes of workers' compensation coverage. 03/28/2012 - Filed as Chapter No. 2012-29

FL H 7105 - Amends public records requirements for certain records held by the Workers' Compensation Joint Underwriting Association, Inc. 05/06/2012 - Filed as Chapter No. 2012-224

Georgia

GA H 548 - Provide that individuals who are parties to a franchise agreement shall not be considered employees, for purposes of workers' compensation coverage. 05/01/2012 - Act No. 659

GA H 971 - Relates to workers' compensation settlement agreements. 05/01/2012 - Act No. 688

Hawaii

HI H 994 - Relates to motor vehicle insurance, excludes benefits paid or incurred under the workers' compensation law from the covered loss deductible, effective January 1, 2012. 04/20/2012 - Act No. 2012-32

HI H 2099 - Clarifies that attorney's fees may be included in costs assessed against a party who brings, prosecutes, or defends a workers' compensation claim without reasonable ground. 07/06/2012 - Act No. 2012-234

HI H 2584 - Allows the Director of Labor and Industrial Relations to accept the notice of employer's workers' compensation insurance from approved third party agencies. 07/06/2012 - Act No. 2012-262

HI S 2765 - Amends captive insurance company law, including writing direct workers' compensation insurance policies, certificates of authority, articles of re-domestication, application and license fees, minimum capital and surplus, and revocation of the certificate of authority. 07/06/2012 - Act No. 2012-253

HI S 2810 - Amends the definition of employment in the workers' compensation, temporary disability insurance, and prepaid health care statutes by clarifying the domestic services exclusion for services authorized by the Dept. of Human Services. 06/26/2012 - Act No. 2012-157

Idaho

ID H 570 - Revise provisions relating to compensation and costs under the Peace Officer and Detention Officer Temporary Disability Act. 03/29/2012 - Chaptered. Chapter No. 186

ID S 1395 - Revises compensation and reimbursement for members of the Board of Directors of the State Insurance Fund. 04/03/2012 - Chaptered. Chapter No. 280

Illinois

IL S 2958 - Amends the Central Management Services Law and the State Finance Act relating to the procurement of workers' compensation vendors. 08/03/2012 - Public Act No. 895

IL H 5823 - Amends the Health Care Services Lien Act and the applicability of provisions to lien holders under the Workers' Compensation or Occupational Diseases Acts. 08/21/2012 - Public Act No. 1042

Louisiana

LA HR 133 - Requests the Workers' Compensation Advisory Council to study and propose funding sources for an employee reemployment and retraining program. 05/24/2012 - Passed House.

LA S 205 - Lowers the minimum capital and surplus requirement for captive insurers. 06/08/2012 - Act No. 633

LA H 298 - Relates to provider communication requirements in workers' compensation claims. 05/11/2012 - Act No. 76

LA S 367 - Relates to independent medical examinations for workers' compensation claims. 05/23/2012 - Act No. 235

LA S 386 - Provides for electronic billing of workers compensation claims and a centralized data warehouse for the collection of medical billing and payment data. 06/08/2012 - Act No. 652

LA S 420 - Adds repair or maintenance of a highway, road, or bridge to the definition of a construction contract and specifies that an affected employee is not prohibited from recovering damages, compensation, or benefits under workers' compensation. 06/13/2012 - Act No. 780

LA S 430 - Provides for payout of temporary total disability benefits under specified circumstances. 06/13/2012 - Act No. 783

LA H 498 - Provides access to data from workers' compensation insurers for purposes of fraud detection. 05/11/2012 - Act No. 88

LA S 520 - Provides for workers' compensation death benefit awards to dependent children, including adopted or natural children of a deceased employee. 06/13/2012 - Act No. 793

LA H 737 - Provides death benefits to living descendants of a deceased employee. 05/11/2012 - Act No. 99

LA S 763 - Provides that workers' compensation cases shall be decided on their merits and requires an employer to pay penalties and attorney fees for failing to pay monetary benefits or to provide required medical or vocational services. 06/14/2012 - Act No. 860

LA H 931 - Provides for employer reporting of job injury data in an electronic data interchange format. 05/15/2012 - Act No. 141

LA H 1083 - Provides that an employee's right to workers compensation benefits, including medical expenses, is forfeited during a period of incarceration. 06/08/2012 - Act No. 610

Maine

ME H 1383 - Corrects errors and inconsistencies in the state laws on the state-designated statewide health information exchange and workers' compensation insurance taxes or fees. 05/22/2012 - Public Law No. 691

ME H 1417 - Relates to permanent impairment ratings and costs to employers associated with compensation for partial incapacity, benefit levels and duration, and long-term partial incapacity. 04/18/2012 - Public Law No. 647

Maryland

MD S 30 - Alters the manner in which the Injured Workers' Insurance Fund may cancel policies when a policyholder has failed to pay a premium. 04/10/2012 - Chapter No. 10

MD H 65 - Alters the manner in which the Injured Workers' Insurance Fund may cancel polices when a policyholder has failed to pay a premium. 04/10/2012 - Chapter No. 11

MD H 114 - Excludes medical benefits from an approved settlement agreement from the assessments imposed by the Workers' Compensation Commission and payable to the Subsequent Injury Fund and the Uninsured Employers' Fund. 04/10/2012 - Chapter No. 41

MD S 174 - Excludes medical benefits from an approved settlement agreement from the assessments imposed by the Workers' Compensation Commission and payable to the Subsequent Injury Fund and the Uninsured Employers' Fund. 04/10/2012 - Chapter No. 40

MD S 256 - Alters notice requirements by an insurer to a named insured and an insurance producer regarding a premium increase for policies of commercial insurance and policies of workers' compensation insurance. 05/22/2012 - Chapter No. 472

MD H 293 - Requires the Uninsured Employers' Fund Board to review the administration of the Uninsured Employers' Fund by the Director of the Fund. 04/10/2012 - Chapter No. 119

MD H 421 - Alters the calculation of workers' compensation death benefits for a dependent of a deceased covered employee who died due to an occupational disease. 05/22/2012 - Chapter No. 663

MD S 431 - Alters the definition of on duty in the workers' compensation law to include the performance of duties assigned to individuals appointed as deputy sheriffs or members of a fire police unit. 05/22/2012 - Chapter No. 506

MD S 745 - Provides that the Injured Workers' Insurance Fund be converted into a statutorily created, private, nonprofit, and non-stock workers' compensation insurer to be named the Chesapeake Employers' Insurance Company. 05/22/2012 - Chapter No. 570

MD H 876 - Alters notice requirements by an insurer to a named insured and an insurance producer regarding a premium increase for policies of commercial insurance and policies of workers' compensation insurance. 05/22/2012 - Chapter No. 473

MD H 1017 - Establishes the Task Force to Study Maryland Insurance of Last Resort Programs. 05/02/2012 - Chapter No. 408

MD H 1085 - Alters the definition of on duty in the workers' compensation law to include the performance of duties assigned to individuals appointed as deputy sheriffs or members of a fire police unit. 05/22/2012 - Chapter No. 507

MD H 1094 - Provides that a fine imposed for insurance fraud violations is mandatory and not subject to suspension and authorizes the Maryland Insurance Commissioner to impose an administrative penalty for specified insurance fraud violations. 05/22/2012 - Chapter No. 589

MD H 1101 - Revises the diseases and cancers that are considered occupational diseases suffered in the line of duty and are compensable. 05/22/2012 - Chapter No. 445

MD H 1175 - Authorizes the Howard County Board of Education to waive the requirement that a participating employer reimburse the county for the cost of workers' compensation insurance coverage for students placed in unpaid work-based learning experiences. 05/02/2012 - Chapter No. 420

Michigan

MI H 4455 - Relates to the placement of insurance through an unauthorized insurer. 06/27/2012 - Public Act No. 204

MI H 4552 - Allows state volunteers to collect worker's compensation through the state unless another employer provides coverage for that individual specifically for duties and services arising from registration with this state. 04/11/2012 - Public Act No. 83

Minnesota

MN H 2276 - Requires accreditation of advanced diagnostic imaging services in order to be reimbursed from any source, including workers' compensation insurance. 04/23/2012 - Filed with Secretary of State. Chapter No. 228

Mississippi

MS S 2576 - Requires claimants to provide medical proof to their employer of the direct causal connection between the work performed and the alleged work-related injury. 06/12/2012 - Chapter No. 522

Missouri

MO S 470 - Relates to transportation to include the use of dyed fuel, transporting radioactive materials, larger vehicle registration, commercial driver's licensure, the regulation of household movers and workers' compensation requirements. 07/12/2012 - Signed by Governor.

MO H 1540 - Specifies that an employee will not be liable for a co-employee's workplace injury or death for which compensation is recoverable under the workers' compensation laws. 07/10/2012 - Signed by Governor.

Nebraska

NE L 738 - Changes burial expense benefits under the state Workers' Compensation Act. 04/10/2012 - Signed by Governor.

New Hampshire

NH H 1587 - Increases the number of employees an employer must have to be subject to a workers' compensation safety program and repeals the workers' compensation safety inspection fund. 06/07/2012 - Chapter No. 2012-144

New York

NY S 6978 - Relates to the effectiveness and terms of the governing body of a workers' compensation rate service organization. 07/18/2012 - Chapter No. 237

North Carolina

NC H 237 - Requires that the State Rate Bureau share with the State Industrial Commission information on the status of workers' compensation insurance coverage on employers in this state. 07/01/2012 - Session Law Number 2012-135

NC S 803 - Relates to state retirement systems, including retirement benefits for long-term disability beneficiaries. 07/12/2012 - Session Law Number 2012-178

NC S 869 - Removes the requirement that firefighters and rescue squad workers have one year of creditable service in order to qualify for disability retirement benefits under the local governmental employees' retirement system for injuries incurred in the line of duty. 06/26/2012 - Session Law Number 2012-82

Ohio

OH S 316 - Provides for a learn to earn program and for related worker's compensation coverage. 06/25/2012 - Session Law No. 128

OH S 343 - Makes significant changes to the Public Employees Retirement System, including benefit eligibility, final average salary, and workers compensation. 09/26/2012 - Session Law No. 148

Oklahoma

OK S 1060 - Requires insurers to notify the Workers' Compensation and Insurance Fraud Unit of the Office of the Attorney General of suspected insurance fraud. 05/01/2012 - Chapter No. 175

OK S 1246 - Relates to investigations and prosecutions of workers' compensation fraud. 05/15/2012 - Chapter No. 254

OK S 1321 - Authorizes the Attorney General to contract with retired peace officers or certified private investigators for investigative services on workers' compensation fraud. 04/05/2012 - Chapter No. 15

OK H 3074 - Exempts workers' compensation claims from a requirement that hospitals providing emergency care to accident victims have a lien for the cost of services. 04/25/2012 - Chapter No. 146

Oregon

OR S 1547 - Allows Director of Department of Consumer and Business Services to authorize captive insurers in this state and set standards for operation. 03/27/2012 - Chaptered. Chapter No. 84

Pennsylvania

PA H 1055 - Imposes obligations on professional employer organizations that use self-insurance methods to provide workers' compensation. 07/05/2012 - Act No. 2012-102

Puerto Rico

PR S 2378 - Implements an incentive plan for a discount of 50 percent of the Total Accumulated Debt to every employer who pays in full any policies, permanent policies and bills relating to insuring miscellaneous workers. 01/10/2012 - Law Number 13-2012

PR S 2503 - Amends the terms of use and savings account of the Industrial Commission. 06/28/2012 - Law Number 127-2012

PR H 3675 - Eases the financial burden for truckers with respect to paying policies issued by the State Insurance Fund Corporation. 04/27/2012 - Law Number 77-2012

Rhode Island

RI S 2301 - Provides an appropriation for deposit into the uninsured employers fund. 06/05/2012 - Public Law No. 2012-149

RI H 7614 - Provides an appropriation for deposit into the uninsured employers fund. 06/08/2012 - Public Law No. 2012-182

RI S 2886 - Provides that no person may be denied temporary disability insurance benefits if the person has received a lump sum settlement for a workers' compensation injury which is materially different from the present temporary disability injury and/or medical condition. 06/25/2012 - Public Law No. 2012-439

RI H 8076 - Provides that no person may be denied temporary disability insurance benefits if the person has received a lump sum settlement for a workers' compensation injury which is materially different from the present temporary disability injury and/or medical condition. 06/25/2012 - Public Law No. 2012-478

South Carolina

SC H 3111 - Provides that attorney fees, physician fees, and hospital charges in workers compensation cases may not be collected from an employer or insurance carrier until required reports are submitted. 06/18/2012 - Act No. 183

South Dakota

SD H 1028 - Revises provisions relating to state employees and workers' compensation coverage and other employee benefits. 05/30/2012 - Session Law. Chapter No. 23

Tennessee

TN S 720 - Creates a presumption that an infectious disease acquired by a firefighter, paramedic, emergency medical technician, or emergency medical technician advanced was suffered in the line of duty unless the contrary is shown by competent evidence. 05/15/2012 - Public Chaptered. Chapter No. 958

TN H 2527 - Extends the advisory council on workers' compensation, June 30, 2014. 03/27/2012 - Public Chaptered. Chapter No. 622

TN S 2923 - Relates to workers compensation, clarifies that either party in a worker's compensation dispute may bring suit in the county in which the employee resided at the time of the injury. 05/23/2012 - Public Chaptered. Chapter No. 1030

TN S 3315 - Permits a treating physician to refer an injured or disabled employee pain management services. 05/23/2012 - Public Chaptered. Chapter No. 1100

Utah

UT S 52 - Modifies the Workers' Compensation Act regarding the status of motor carriers and addresses coverage and benefit limits for occupational accident related insurance. 04/02/2012 - Chaptered. Chapter No. 363

UT S 121 - Modifies the Utah Labor Code to remove incorrect language regarding insurers issuing workers' compensation coverage waivers. 04/02/2012 - Chaptered. Chapter No. 346

UT H 121 - Amends provisions related to leave of absence benefits for a law enforcement officer who is disabled in the line of duty, resulting in total disability, and arising from a criminal act or accident. 04/02/2012 - Chaptered. Chapter No. 159

UT H 265 - Redefines total disability to mean the complete inability to engage in any gainful occupation which is reasonable. 04/02/2012 - Chaptered. Chapter No. 055

Vermont

VT S 136 - Requires the adoption of rules that assure that a worker who requests vocational rehabilitation services or who has been out of work for more than a specified number of days is screened for benefits. 05/11/2012 - Signed by Governor.

VT H 761 - Proposes to adjust executive branch fees, including the workers' compensation rate of contribution and hospital assessments. 05/11/2012 - Act No. 2012-128

Virginia

VA H 137 – Revises a provision that created a presumption, in the absence of a preponderance of evidence to the contrary, that an injury arose out of and was in the course of employment. 05/18/2012 - Acts of Assembly. Chapter No. 841

VA H 153 - Excludes state workers compensation coverage for workers covered under federal workers compensation laws. 04/06/2012 - Acts of Assembly. Chapter No. 654

VA S 441 - Relates to special funds for families of a deceased law-enforcement officer. 04/04/2012 - Acts of Assembly. Chapter No. 576

VA H 453 - Relates to penalties for failing to pay workers' compensation benefits when the Commonwealth has issued a regular payroll payment to the employee in lieu of compensation covering the period of disability. 03/20/2012 - Acts of Assembly. Chapter No. 270

VA S 576 - Relates to workers' compensation and the uninsured employer's fund financing tax. 04/05/2012 - Acts of Assembly. Chapter No. 647

VA S 577 - Provides that a majority of the members of the Workers' Compensation Commission constitutes a quorum for purposes of exercising the judicial, legislative, and discretionary functions of the Commission. 04/04/2012 - Acts of Assembly. Chapter No. 588

VA H 791 - Relates to workers' compensation benefits under the Virginia retirement system. 04/09/2012 - Acts of Assembly. Chapter No. 696

VA H 1169 - Provides that the Workers' Compensation Commission shall retain jurisdiction over disputes regarding charges for medical services regardless of whether bills for health care services have been paid by a source other than an employer, workers' compensation carrier, guaranty fund, or uninsured employer's fund. 04/04/2012 - Acts of Assembly. Chapter No. 543

West Virginia

WV S 287 - Authorizes the Insurance Commissioner to promulgate legislative rules relating to workers' compensation insurance. 04/12/2012 - Act No. 104

WV H 4087 - Regards the Workers' Compensation Debt Reduction Act tax on the privilege of severing timber. 04/12/2012 - Act No. 184

WV H 4142 - Relates to the promulgation of administrative rules regarding workers' compensation temporary total disability. 04/12/2012 - Act No. 100

Wisconsin

WI S 409 - Makes various changes to the worker's compensation law, including traumatic injury, third party liability and the work injury supplemental benefit fund. 04/02/2012 - Act No. 2012-183

Wyoming

WY S 32 - Authorizes the medical commission to report suspected substandard or inappropriate medical or hospital care to appropriate licensing authorities; clarifies that members of the workers' compensation medical commission shall be considered public employees for purposes of the Wyoming Governmental Claims Act. 03/09/2012 - Chapter No. 48

Source: StateNet bill tracking database, year-end search November 2012.

 

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