2014 Workers Compensation Enacted Legislation

12/15/2014

2014 Enacted Workers Compensation Legislation

Thirty-six states and the District of Columbia enacted laws related to workers compensation.

Enacted provisions include limits on liability, contributory negligence, occupational disease coverage, and administration and funding of state workers compensation systems.

ALABAMA

AL H 107  Title: Workers Compensation
Summary: increases the maximum burial expense when an employee dies as a result of an employment-related accident or occupational disease. Status: Signed by Governor. 04/02/2014 Act No. 2014-240.

ALASKA

AK H 141  Title: Workers Compensation and Medical Treatment
Summary: Sets the fee for medical treatment or services performed outside the state under the Alaska Workers' Compensation Act, requiring a provider of medical treatment to submit bills for treatment or services to employers within specified days after the date the treatment or services are rendered; limits the time for appealing an employer's denial or reduction of a bill; provides that services rendered outside the state may not exceed the charge of the state where the services are rendered. Status: Signed by Governor. 06/23/2014 Chapter No. 55.

AK H 316  Title: Workers Compensation Medical Fees
Summary: Provides that medical service fees in the state may not exceed the lowest charges specified in the fee schedules established by the medical services review committee; relates to physician fees schedules based on the federal Centers for Medicare and Medicaid Services' ambulatory payment classification and an inpatient hospital fee schedule based on the federal Centers for Medicare and Medicaid Services' Medicare severity diagnosis related group. Status: Signed by Governor. 07/08/2014 Chapter No. 63.

ARIZONA

AZ H 2094  Title: Liability to Injured Employees
Summary:Provides that if an employee entitled to compensation does not pursue a remedy against another person by instituting an action within a specified time period, or if the employee fails to fully prosecute a claim and an action is dismissed, the claim against another person is deemed assigned to an insurance carrier or self-insured employer. Status: Signed by Governor. 04/15/2014 Chapter No. 26.

AZ H 2221  Title: Workers Compensation
Summary: Provides that an insurance carrier, a self-insured employer, or a claims processing representative is not liable for payment of billings for certain workers' compensation benefits unless a court action for payment has begun within a specified number of years from the date of service; establishes physician reporting requirements for workers' compensation claims that require the usage of opium-based narcotics; requires certain drug tests and inquiries concerning a claimant's prescription information. Status: Signed by Governor. 04/16/2014 Chapter No. 52.

AZ S 1181  Title: Worker Compensation
Summary: Revises the definition of an insolvent insurer to include any insolvent insurer against which an order of liquidation with a finding of insolvency has been entered; establishes the Property and Casualty Insurance Guaranty Fund. Status: Signed by Governor. 04/23/2014 Chapter No. 186.

CALIFORNIA

CA A 326  Title: Occupational Safety and Health Reporting Requirements
Summary: Requires every employer to make an immediate report by telephone or e-mail of every case involving an employee's serious injury or illness or death to the Division of Occupational Safety and Health within the Department of Industrial Relations. Status: Signed by Governor. 07/08/2014 Chaptered by Secretary of State. Chapter No. 91.

CA A 1035  Title: Workers' Compensation: Firefighters/Peace Officers
Summary:Extends the time period to commence proceedings to collect death benefits, if the proceedings are brought by, or on behalf of, a person who is a dependent on the date of death. Applies only to injuries causing death including cancer, tuberculosis, or a blood-borne infectious disease or certain skin infections. Prohibits the payment of death benefits under these provisions under specified circumstances. Status: Signed by Governor. 05/13/2014 Chaptered by Secretary of State. Chapter No. 15.

CA A 1746  Title: Workers' Comp: Proceedings: Expedited Hearings
Summary: Amends existing workers' compensation provision that requires the establishment of a priority conference calendar for cases in which the employee is represented by an attorney and the disputed issues are employment or injury. Requires that cases in which the employee is or was employed by an illegally uninsured employer and the disputed issues are employment or injury, are to be placed on the priority conference calendar established under that existing law. Status: Signed by Governor. 07/21/2014 Chaptered by Secretary of State. Chapter No. 156.

CA A 2732  Title: Workers' Compensation
Summary: Amends requirements applicable to utilization review procedures by changing the maximum length of a specified form. Includes in specified lien amounts those amounts that the Workers' Compensation Appeals Board is authorized to allow as liens certain medical-legal expenses to which an employee is entitled under a specified provision. Makes changes concerning vocational rehabilitation, disputed claims, and expedited hearings. Status: Signed by Governor. 08/19/2014 Chaptered by Secretary of State. Chapter No. 217.

COLORADO

CO H 1278  Title: Workers Compensation Accreditation Program
Summary: Implements certain recommendations concerning the workers' compensation accreditation program for medical professionals, administered by the division of workers' compensation in the department of labor and employment; continues the program for a specified number of years; provides for a study on whether the state should adopt a specified guide to the evaluation of permanent impairment as the standard that governs assessments of degrees of impairment; allows the division to set certain fees. Status: Signed by Governor. 06/05/2014 Session Law Chaptered. Chapter No. 293.

CO H 1323  Title: Government Access to Personal Medical Information
Summary: Prohibits the state or a local government from accessing an individual's personal medical information without consent; provides that if a public employee authorizes an employer to access such information in connection with a certain request, such as a request for a workplace accommodation or family medical leave, the consent applies for the duration of the request; relates to consent in circumstances where a state or local government department or agency is providing health care services to a person. Status: Signed by Governor. 06/05/2014 Session Law Chaptered. Chapter No. 297.

CO H 1343  Title: Peace Officer Post-Traumatic Stress Disorder
Summary: Creates the Peace Officer Post-Traumatic Stress Disorder Task Force to research work-related peace officer PTSD and make recommendations on best policies and practices for public employers of peace officers concerning identification, prevention, treatment, covered workers' compensation claims, standardized pre-employment psychological screenings, and education on PTSD; requires an insurer or employer to pay all authorized medical expenses of a peace officer alleged to suffer from work-related PTSD. Status: Signed by Governor. 06/13/2014 Session Law Chaptered. Chapter No. 371.

CO H 1347  Title: Seven Day Court Time Intervals
Summary: Changes time periods in certain court proceedings to seven-day periods or periods that are multiples of seven days to avoid actions being due on weekends, including workers' compensation case decision reviews. Status: Signed by Governor. 05/21/2014 Session Law Chaptered. Chapter No. 208.

CO H 1383  Title: Workers Compensation Physician Choice
Summary: Concerns the required number of physicians or corporate medical providers that must be provided to an injured employee for selection of a treating physician in workers' compensation cases. Status: Signed by Governor. 06/11/2014 Session Law Chaptered. Chapter No. 324.

CO S 172  Title: Fire-fighter Heart Circulatory Malfunction Benefits
Summary: Requires a municipality, special district, fire authority, or county improvement district that employs one or more firefighters to maintain accident insurance, to self-insure or to participate in a self-insurance pool or a multiple employer trust to provide benefits for firefighters who suffer from a heart and circulatory malfunction resulting from a work event; establishes the minimum and maximum benefits that must be paid to the firefighters. Status: Signed by Governor. 06/11/2014 Session Law Chaptered. Chapter No. 325.

CO S 191  Title: Workers Compensation
Summary: Authorizes the director of the division of workers' compensation or an administrative law judge presiding over a workers' compensation case, to consider certain medical treatment guidelines in determining whether certain medical treatment is appropriate; provides for the adoption of rules governing the approval of settlements, the measurement of time within which a hearing must commence, the time for objection to a summary order, remand of cases, certain notice by physicians, and lump-sum settlements. Status: Signed by Governor. 06/05/2014 Session Law Chaptered. Chapter No. 316.

CONNECTICUT

CT S 61  Title: Workers Compensation and Liability for Hospital Service
Summary: Concerns workers' compensation and liability for ambulatory surgical center services; provides requirements for ambulatory surgical center services when an employee is injured at work. Status: Signed by Governor. 06/11/2014 Public Act No. 14-167.

DISTRICT OF COLUMBIA

DC B 785  Title: Workers Compensation Statute of Limitations
Summary: (Emergency Act) Amends, on an emergency basis, the District of Columbia Workers' Compensation Act of 1979 to match federal statute of limitations for private-sector employees who are injured at work; relates to compensation for injuries where third persons are liable and commencement of actions against such third parties. Status: Signed by Mayor. 05/22/2014 Assigned Act Number 334. Expires: 08/20/2014.

DC B 786  Title: Workers Compensation Statute of Limitations
Summary: (Temporary Law) Amends, on a temporary basis, the District Workers' Compensation Act of 1979 to match federal statute of limitations on civil actions for private-sector employees who are injured at work. Status: In Congress. Passed Congressional Review Period. 09/09/2014 Assigned Law Number 137.

DC B 925  Title: Workers Compensation Statute of Limitations
Summary: (Permanent Law) Amends, on an emergency basis, the District of Columbia Workers' Compensation Act of 1979 to match the federal statute of limitations for private-sector employees who are injured at work; relates to certain actions against third persons. Status: Signed by Mayor. 10/07/2014 Assigned Act Number 436. Expires: 01/05/2015.

DC R 1042  Title: Emergency Declaration Resolution
Summary: Declares the existence of an emergency with respect to the need to amend the District of Columbia Workers' Compensation Act of 1979 to match the federal statute of limitations for private-sector employees who are injured at work and the filing of lawsuits by employees and an employer or employer's insurance company's right to file such lawsuits. Status: Passed Council. 09/23/2014 Assigned Resolution Number 614.

FLORIDA

FL H 271  Title: Workers Compensation
Summary:Revises powers of Department of Financial Services relating to compliance with and enforcement of workers' compensation coverage requirements; requires stop-work order information to be available on a workers' compensation website; revises penalties; revises rate formulas related to determination of compensation for disability and death; revises provisions relating to the assessment rate of the Special Disability Trust Fund; provides for leased employees. Status: Signed by Governor. 06/13/2014 Filed as Chapter No. 2014-109.

FL H 785  Title: Workers Compensation
Summary: Provides that oral vitamins, nutrient preparations, dietary supplements and certain medical food are not reimbursable; authorizes employers having exposure in more than one state and an estimated annual and annual standard premium of specified amounts to negotiate a retrospective rating plan with insurers; provides requirements for the filing and approval of such plans. Status: Signed by Governor. 06/13/2014 Filed as Chapter No. 2014-131.

HAWAII

HI H 2579  Title: Workers Compensation Claims
Summary: Provides that compromises for workers' compensation claims reached as a result of a third-party liability claim or action do not require the approval of the Director of Labor and Industrial Relations. Status: Signed by Governor. 04/17/2014 Act No. 2014-25.

HI S 2365  Title: Insurance Claims for Prescription Medications
Summary: Limits reimbursement of prescription medications in order to prevent drug prices from becoming an unreasonable cost driver of health care in workers' compensation and motor vehicle insurance claims; ensures the same standard of service and care to injured employees and individuals under motor vehicle insurance. Status: Became law without Governor’s signature. 07/08/2014 Act No. 2014-231.

IDAHO

ID S 1252  Title: Worker's Compensation
Summary: Relates to security for payment of compensation; provides alternative security requirements for certain self-insured employers under the state worker's compensation laws; provides for rules by the industrial commission; relates to custodial accounts; provides that acceptable security includes bonds, treasury bills, interest-bearing notes, other obligations of the United States or a surety bond; creates the insolvent insurer's fund. Status: Signed by Governor. 03/17/2014 Chaptered. Chapter No. 96.

ILLINOIS

IL S 3287  Title: Workers Compensation Act
Summary: Amends the Workers' Compensation Act; provides that there is no right to recover damages for injury or death, other than the compensation provided under the Act, from a service organization that is wholly owned by the employer or the employer's insurer or broker and that provides safety service, advice, or recommendations. Status: Signed by Governor. 06/05/2014 Public Act No. 633.

INDIANA

IN S 294  Title: Worker's Compensation
Summary: Changes the Worker's Compensation and Occupational Diseases Compensation Law; provides that a medical service provider may not be reimbursed for more than one office visit for each repackaged legend drug prescribed; provides the maximum period during which a medical service provider that is not a retail or mail order pharmacy may receive reimbursement for a repackaged legend drug provided for an injury; regards the pecuniary liability of an employer or insurer. Status: Signed by Governor. 03/31/2014 Public Law No. 99.

KANSAS

KS H 2023  Title: Workers Compensation
Summary: Enacts the public service benefits protection act; provides that for a firefighter or a law enforcement officer, a coronary or coronary artery disease or cerebrovascular injury shall be compensable if the injury can be identified as caused by a specific event occurring in the course and scope of employment, the injury occurred within specified hours of the event and the event was the prevailing factor in causing the disease or injury. Status: Signed by Governor. 06/02/2014 Chapter No. 2014-25.

KS S 359  Title: Asbestos Related Liability
Summary: Creates the successor corporation asbestos-related liability fairness act; provides that the cumulative successor asbestos-related liabilities of a successor corporation are limited to the fair market value of the total gross assets of the transferor determined at the time of the merger or consolidation; provides that this shall not affect the applicability, terms, conditions and limits of liability insurance; provides for continuing worker's compensation claims for successors that continue mining asbestos. Status: Signed by Governor. 06/02/2014 Chapter No. 2014-45.

KENTUCKY

KY H 84  Title: Property Leased by the State
Summary: Relates to establishing an e-mail notification system where a person may enter his or her e-mail address into the Insurance Coverage Look-up database established by the Department of Workers' Claims and be notified of any cancellation of a specific business' workers' compensation coverage. Status: Signed by Governor. 04/11/2014 Act No. 80.

KY S 105  Title: Newspaper Carriers
Summary: Deletes newspaper carriers from being considered employees of independent news agencies for workers' compensation purposes. Status: Signed by Governor. 04/04/2014 Act No. 23.

LOUISIANA

LA H 803  Title: Fire Protect and Firemen
Summary: Authorizes the state fire marshal to promulgate rules and regulations regarding workers' compensation coverage for volunteer firefighters. Status: Signed by Governor. 05/28/2014 Act No. 259.

LA S 172  Title: Teachers
Summary: Relates to sick leave for teachers and other school employees; relates to sick leave granted as a result of assault or battery by a student or other person as it relates to retirement; provides for worker's compensation benefits. Status: Signed by Governor. 06/19/2014 Act No. 741.

LA S 198  Title: Workers Compensation
Summary: Ensures compliance with requirements for mandatory workers' compensation coverage; provides for penalties; provides for matters to be determined by workers' compensation judges; changes the requirement that the notice of coverage be sent to the National Council on Compensation Insurance instead of the Director of the Office of Workers' Compensation; provides that a workers' compensation judge shall assess any civil penalty against an employer who fails to provide proof of compliance within a time frame. Status: Signed by Governor. 05/30/2014 Act No. 375.

LA S 538  Title: Military Airborne Hazards and Open Burn Pit Registry
Summary: Establishes the Military Airborne Hazards and Open Burn Pit Registry; requires the Secretary of the Department of Veterans Affairs to maintain a public information program to educate and inform service members, veterans and their families of scientific developments on the effects of exposure to open burn pit smoke and other airborne hazards, the availability of possible treatments, applying for service-connected disability compensation and appealing or requesting an upgrade in disability rating. Status: Signed by Governor. 05/28/2014 Act No. 312.

MAINE

ME H 1200  Title: Department of Labor
Summary: Makes minor technical corrections and clarifications to the statutes that govern the Department of Labor, including correcting a reference to workers' compensation payments made to employees, updating the law to reflect the current disposition of federal funds received pursuant to the federal Wagner-Peyser Act, correcting references to entities within the department that were abolished or merged into another entity, and correcting a certain conflict in the law. Status: Became law without Governor’s signature. 03/09/2014 Public Law No. 467.

MARYLAND

MD H 219  Title: Workers' Compensation
Summary: Requires the Workers' Compensation Commission to issue a subpoena for relevant documentation to be produced on a request of a party to a claim on which issues are currently pending; authorizes the Commission to determine that a subpoena was requested in bad faith after an evidentiary hearing and may assess against the requesting party the whole cost of the proceeding including attorney's fees; relates to witnesses. Status: Signed by Governor. 04/08/2014 Chapter No. 89.

MD S 130  Title: Accidental Injury or Disability
Summary: Relates to the commissioner of labor and industry and workers' compensation commission; relates to reports of accidental injury or disability; requires electronic access to employer reports of accidental injury or disability due to occupational disease. Status: Signed by Governor. 04/08/2014 Chapter No. 38.

MD S 1099  Title: Workers Compensation
Summary: Extends the presumption of compatibility under the Workers' Compensation Law to include paid rescue squad members and paid advanced life support unit members who suffer from heart disease, hypertension, or lung disease resulting in partial or total disability or death, or who suffer from certain cancers under certain circumstances. Status: Signed by Governor. 05/05/2014 Chapter No. 374.

MASSACHUSETTS

MA S 2132  Title: Domestic Workers Bill of Rights
Summary: Provides for the Domestic Workers Bill of Rights; includes personal care attendants; provides for hours, meal periods, wages, lodging, right to privacy, employment records, grievances, health insurance and the right to collect workers' compensation; provides that no deductions for meals or lodging shall be made without the domestic worker's prior written consent; prohibits discriminatory practices by employers. Status: Signed by Governor. 06/26/2014 Chapter No. 148-2014.

MICHIGAN

MI S 437  Title: Interlocal Agreements
Summary: Clarifies separate legal entities provided in interlocal agreements under the Urban Cooperation Act of 1967; provides that if an interlocal agreement does not expressly provide for a separate legal entity, then a separate legal entity shall not be created; relates to employment contracts and rights of public employees; relates to immunity from liability, pensions and workers compensation of public agency employees. Status: Signed by Governor. 03/20/2014 Public Act No. 36.

MI S 693  Title: Workers Compensation Benefits
Summary: Provides that an employer is not required to reimburse or cause to be reimbursed charges for a physical therapy service unless that service was provided by a licensed physical therapist or physical therapist assistant pursuant to a prescription from a health care professional; requires the workers' compensation agency to establish criteria for utilization review by rule. Status: Signed by Governor. 07/01/2014 Public Act No. 264.

MI S 900  Title: Worker's Compensation
Summary: Amends the Worker's Disability Compensation Act; provides supplemental weekly compensation to employees and dependents of deceased employees receiving benefits based on dates of personal injury between Sept. 1, 1965 and Dec. 31, 1979; states that the Second Injury Fund, the Self-Insurer's Security Fund, and the Private Employer Group Self-Insurers Security Fund are entitled reimbursement from the Compensation Supplement Fund for period prior to January 1, 2012. Status: Signed by Governor. 07/02/2014 Public Act No. 268.

MISSISSIPPI

MS H 1433  Title: Law Enforcement Officers
Summary: Expands the coverage of the Law Enforcement Officers and Fire Fighters Death Benefits Trust Fund to include emergency management agency personnel; increases the amount of the death benefit payable from the trust fund; provides additional funding for the death benefits trust fund. Status: Signed by Governor. 07/22/2014 Chapter No. 437.

MS S 2597  Title: Law Enforcement Officers Injured in the Line of Duty
Summary: Provides that state law enforcement officers who are injured by wound or accident in the line of duty shall not be required to use earned personal leave or major medical leave during the period of recovery from the injury; authorizes municipalities and counties to adopt policies to continue to pay all or a portion of the regular compensation and related benefits of any law enforcement officer, firefighter or other employee that protects the public interest who is injured in the line of duty. Status: Signed by Governor. 07/24/2014 Chapter No. 495.

NEW HAMPSHIRE

NH H 1309  Title: Workers Compensation Advisory Board
Summary: Clarifies the appointing authority for a member of the workers' compensation appeals advisory board; relates to the State Association for Justice. Status: Signed by Governor. 05/23/2014 Chapter No. 2014-21.

NH H 1489  Title: Firefighters Health Associated Costs Reimbursement
Summary: Establishes a committee to study the establishment of a fund to reimburse costs associated with firefighters who have cancer. Status: Signed by Governor. 07/11/2014 Chapter No. 2014-182.

NH S 204  Title: Medical Conditions Covered by Workers Compensation
Summary: Establishes the first responders critical injury benefit to make awards of additional workers' compensation upon warrant by the governor with approval by the executive council for group II retirement system members who suffer certain medical conditions; establishes a commission to study soft tissue injuries for purposes of workers' compensation and to study the feasibility of developing a first responder's critical injury fund. Status: Signed by Governor. 07/21/2014 Chapter No. 2014-242.

NEW JERSEY

NJ A 2025  Title: Architect and Engineer Immunity from Liability
Summary: Grants immunity from liability for an architect or engineer for professional services rendered during an emergency; provides that an architect or engineer entitled to immunity shall be considered an employee of the public entity on whose behalf the public safety official requested that the architect or engineer perform the practice of architecture or engineering; provides nothing shall be construed to provide such architect or engineer with any entitlement to workers' compensation from such public entity. Status: Signed by Governor. 09/10/2014 Chapter No. 2014-53.

NJ AR 88  Title: Federal Jones Act
Summary: Urges Congress to amend federal law to clarify that emergent matters imperiling health and safety of U.S. citizens qualify for waiver under Jones Act. Status: 02/27/2014 Passed Assembly.

NEW MEXICO

NM HM 36  Title: Legislative Resolution
Summary: Requests the New Mexico congressional delegation to support the provisions of United States House Bill 1645 and United States Senate Bill 773 regarding compensation for workers involved in uranium mining. Status: 02/14/2014 Passed House.

NEW YORK

NY S 7693  Title: Exchange of Information
Summary: Amends the Workers' Compensation Law; relates to the exchange of information between the workers' compensation board and the New York city employees' retirement system; requires the retirement system to provide a listing in an electronic format including the names and social security numbers of injured employees to whom benefit payments were paid and whose payments are limited by workers' compensation benefits. Status: Signed by Governor. 08/11/2014 Chapter No. 320.

NORTH CAROLINA

NC H 1034  Title: Volunteer Fire and Rescue Finances
Summary: Amends the laws related to local firefighters' relief funds, the statewide firefighters' relief fund, the rescue squad workers' relief fund, workers' compensation and payment of premiums for firefighters and rescue squad workers, supplemental pensions for firefighters and rescue squad workers, the volunteer fire department fund and the volunteer rescue/EMS fund. Status: Signed by Governor. 07/07/2014 Session Law Number 2014-64.

NC S 794  Title: Industrial Commission Rules
Summary: Disapproves specified rules adopted by the industrial commission; relates to vocational rehabilitation services and return to work, fees set by the commission, agreements for compensation for disability, employer's admission of employee rights to permanent partial disability and medical motions; amends the workers' compensation law. Status: Signed by Governor. 07/22/2014 Session Law Number 2014-77.

OHIO

OH H 493  Title: Workers' Compensation Laws
Summary: Provides circumstances where the Bureau of Workers' Compensation may suspend provider certification to participate in the health partnership program without a prior hearing; requires contracts the administrator of workers' compensation enters into with a managed care organization to provide a data security agreement with the state board of pharmacy; relates to the workers' compensation ombudsperson system; provides that peer review records are subject to discovery but claim information is confidential. Status: Signed by Governor. 06/16/2014 Session Law No. 120.

OKLAHOMA

OK H 1020  Title: Physical Therapy Practice
Summary: Provides that any person licensed as a physical therapist or physical therapist assistant shall be able to treat human ailments if the therapist has been licensed in the state for a certain period of time and notifies the referring physician or surgeon; provides that a subsequent physician referral shall be obtained prior to the continuation of services delivered under a claim made to the Worker's Compensation Commission. Status: Signed by Governor. 05/23/2014 Chapter No. 324.

OK H 3539  Title: Workers Compensation Court of Existing Claims
Summary: Creates the Workers' Compensation Court of Existing Claims; provides that all monies accredited to the fund are hereby appropriated and may be budgeted and expended by the Workers' Compensation Court of Existing Claims for the purpose of defraying necessary expenses of the Workers' Compensation Court of Existing Claims in performance of its duties; provides that expenditures from said fund shall be made upon warrants issued by the State Treasurer. Status: Signed by Governor. 05/28/2014 Chapter No. 360.

OK S 1152  Title: Employer Income Tax
Summary: Relates to income tax; relates to tax credits for expenses paid by an employer; relates to a credit for eligible wages paid to an employee and eligible modification expenses for injured employees; changes the time period within which credits may be claimed. Status: Signed by Governor. 05/13/2014 Chapter No. 292.

OK S 1948  Title: Workers Compensation
Summary: Relates to workers' compensation; relates to the Self-Insurance Guaranty Fund for continuation of worker's compensation benefits when a self-insurer employer does not meet compensation obligations; provides for the Worker's Compensation Fund and the Multiple Injury Trust Fund; provides for a cause of action for recovery of unpaid claims and assessments; authorizes enforcement proceedings for payment of assessments. Status: Signed by Governor. 04/25/2014 Chapter No. 169.

OREGON

OR H 4104  Title: Medical Expenses
Summary: Prohibits health benefit plan that provides coverage for injured worker from excluding, and requires plan to expedite, preauthorizations for medical services; guarantees payment, to extent of terms, conditions and benefits of plan, for medical services provided if worker has filed workers' compensation claim prior to acceptance or denial of workers' compensation claim. Status: Signed by Governor. 04/02/2014 Chaptered. Chapter No. 94.

PENNSYLVANIA

PA H 1846  Title: Schedule of Worker's Compensation
Summary: Amends the Workers' Compensation Act; provides for schedule of compensation; relates to reimbursement to outpatient providers, with the exception of pharmacies, for over-the-counter drugs; requires the compensation bureau to calculate certain savings achieved and use such savings to provide a reduction in rates applicable to employers' workers compensation policies. Status: Signed by Governor. 10/27/2014 Act No. 2014-184.

PA H 2081  Title: Receipt of Workers Compensation
Summary: Amends the Workers' Compensation Act; relates to the liability of an employer to pay damages for injuries received by an employee in the course of employment; redefines the term employee to include all natural persons who perform services for another for a valuable consideration, exclusive of persons subject to coverage under the Longshore and Harbor Workers' Compensation Act or the Merchant Marine Act of 1920. Status: Signed by Governor. 06/18/2014 Act No. 2014-63.

RHODE ISLAND

RI H 7260  Title: Workers Compensation
Summary: Makes changes to the governing procedures within the workers' compensation court to permit electronic filing; relates to disputes, rules of practice, controversies, liability of corporate officers, retirement of judges, employer penalties for failure to report, schedule of medical review, impartial medical examiners, hearing transcripts, employer liability for property damage, amendments to memorandum of agreement, appeals, payment of weekly benefits and payment of compensation without agreement. Status: Signed by Governor. 06/09/2014 Public Law No. 2014-78.

RI H 8282  Title: Workers' Compensation Court
Summary: Makes various changes to the jurisdiction, procedure, and administration of the State workers' compensation court; changes membership of the Workers' Compensation Advisory Council; provides penalty for failure of employees to report injuries; requires healthcare providers to submit an itemized bill and report for the service or treatment rendered; relates to weekly compensation for permanent total disability and partial incapacity. Status: Signed by Governor. 07/01/2014 Public Law No. 2014-231.

RI S 2543  Title: Workers Compensation Electronic Filing
Summary: Makes changes to the governing procedures within the workers' compensation court to permit electronic filing; relates to disputes, controversies, retirement of judges, employer penalties for failure to report, employer liability for medical services, medical reviews, impartial medical examiners, employer liability for property damage, payment of weekly benefits, payment of compensation without agreement, physician examinations, transcripts and personal liability of corporate officers. Status: Signed by Governor. 06/09/2014 Public Law No. 2014-87.

RI S 2788  Title: Insurance Claims Adjusters
Summary: Provides separate licenses for public, company and independent adjusters and implements national standards; includes limiting licensure to assisting insureds in first-party claims; excludes an attorney at law; relates to persons who negotiate or settle claims from a life or health insurance contract or an annuity contract, persons who investigate insurance fraud; relates to reinsurance, subrogation claims, disability insurance, workers' compensation and claims adjustment for portable electronic devices. Status: Signed by Governor. 06/16/2014 Public Law No. 2014-107.

RI S 3053  Title: Workers' Compensation Court
Summary: Makes various changes to the jurisdiction, procedure, and administration of the Rhode Island workers' compensation court; requires health care providers to submit to the employer or insurance carrier an itemized bill and report for the services of treatment; provides maximum rate for weekly compensation for total disability shall not exceed a specified percent of the state average weekly wage. Status: Signed by Governor. 07/01/2014 Public Law No. 2014-289.

SOUTH CAROLINA

SC H 4630  Title: Law Enforcement Certification
Summary: Relates to expiration or lapse of the law enforcement certification of an officer upon discontinuance of employment; provides an exemption when the employment is discontinued because of absence from work due to a disability sustained in that employment for which workers' compensation benefits are received and who has not been authorized to return to work without restriction; require satisfaction of continuing education requirements. Status: Signed by Governor. 06/10/2014 Act No. 206.

SOUTH DAKOTA

SD S 43  Title: Calculation of Disability Benefits
Summary: Revises the calculation of disability benefits and certain benefits payable upon death of members of the South Dakota Retirement System; provides required application dates; relates to disability benefits payable on account of children; relates to veteran's disability, members who reach the age of 65 and termination of benefits if a member's disability benefit is converted to a service retirement benefit and benefits payable to a surviving spouse and minor children. Status: Signed by Governor. 09/25/2014 Session Law. Chapter No. 20.

TENNESSEE

TN H 1440  Title: Workers Compensation
Summary: Revises provisions regarding specialty practice groups, penalties collected pursuant to an assessment, disputes of medical bill payments for services provided, physician panels, court or workers' compensation specialist, subpoenas, employer penalties, contested case hearings and employer proof of workers compensation coverage; includes the construction industry. Status: Signed by Governor. 05/19/2014 Public Chaptered. Chapter No. 903.

TN H 1441  Title: Workers Compensation
Summary: Allows the Administrator of the Division of Workers' Compensation to withdraw funds from the employee misclassification education and enforcement fund to provide benefits available through the uninsured employers fund. Status: Signed by Governor. 05/15/2014 Public Chaptered. Chapter No. 765.

TN S 2088  Title: Workers Compensation
Summary: Expands the scope of ombudsman services for unrepresented claimants and divides the power of appointing workers' compensation judges among the governor, the speaker of the senate, and the speaker of the house; provides that any party not represented by legal counsel may request the services of a workers' compensation ombudsman by contacting the office of mediation services. Status: Signed by Governor. 05/16/2014 Public Chaptered. Chapter No. 837.

TN S 2251  Title: Workers Compensation
Summary: Specifies that a leased operator or leased owner/operator who elects workers' compensation coverage under present law must establish the validity of and satisfy the terms and conditions of all contractual agreements between the parties prior to the processing of any claim for workers' compensation. Status: Signed by Governor. 04/11/2014 Public Chaptered. Chapter No. 633.

UTAH

UT H 10  Title: Workers Compensation Act
Summary: Amends the Workers' Compensation Act to address reemployment of injured workers; repeals the Utah Injured Worker Reemployment Act; addresses the scope of the section on injured workers; clarifies the duties of the State Office of Rehabilitation are not affected; authorizes rulemaking; addresses an initial written report; provides for the evaluation of an injured worker; relates to reemployment objectives; regards rehabilitation counselors; repeals the Injured Worker Reemployment Act. Status: Signed by Governor. 04/07/2014 Chaptered. Chapter No. 286.

UT H 94  Title: Workers Compensation Act
Summary: Modifies the Workers' Compensation Act to address home- and community-based services; provides that a person with a disability or a designated representative is considered an employer under the Occupational Disease Act of a person who provides home and community based services and pays the employee from state or federal money; includes the cost of workers' compensation coverage so that services are not reduced to pay such coverage; provides for a waiver. Status: Signed by Governor. 04/07/2014 Chaptered. Chapter No. 303.

UT S 44  Title: Workers Compensation Act
Summary: Modifies the Workers' Compensation Act; relates to reductions or prohibitions on receipt of disability compensation related to the use of controlled substances or alcohol on the basis of the degree to which the conduct is a contributing cause of an injury. Status: Signed by Governor. 04/07/2014 Chaptered. Chapter No. 182.

UT S 127  Title: Injured Employees
Summary: Modifies the Utah Labor Code to address when decisions are final and can be enforced; clarifies when a decision of the commissioner or Appeals Board is a final decision of the commission; addresses enforcement by filing abstracts with a district court. Status: Signed by Governor. 04/10/2014 Chaptered. Chapter No. 192.

UT S 160  Title: Workers Compensation Act
Summary: Modifies the Workers' Compensation Act to address settlements; permits settlements after the statute of limitations; permits settlements for claims under the Employers' Reinsurance Fund or the Uninsured Employers' Fund; clarifies that a full and final settlement extinguishes the employer's obligations unless issues are preserved; addresses method of payments under the full and final settlement. Status: Signed by Governor. 04/10/2014 Chaptered. Chapter No. 082.

VIRGINIA

VA H 456  Title: Workers Compensation
Summary: Provides a civil penalty for failure to make required reports; relates to collection costs; clarifies that the Virginia Workers' Compensation Commission is authorized to assess a civil penalty against an insurance carrier, self-insurer, group self-insurance association, or third party administrator that fails to make reports required by the Commission; provides that civil penalties will be allocated equally between the administrative fund and the Uninsured Employer's Fund. Status: Signed by Governor. 03/07/2014 Acts of Assembly. Chapter No. 203.

VA H 458  Title: Workers Compensation
Summary: Relates to civil penalties; relates to collection costs; increases the maximum civil penalty that may be assessed against an employer for failure to obtain workers' compensation insurance or provide evidence of compliance with the Virginia Workers' Compensation Act; provides that the Commission may add the costs of collection of such civil penalty to the aggregate civil penalty owed, in which event such costs shall be paid into the administrative fund. Status: Signed by Governor. 03/07/2014 Acts of Assembly. Chapter No. 204.

VA H 459  Title: Virginia Workers Compensation Commission
Summary:Authorizes the chairman of the Virginia Workers' Compensation Commission to recall retired members of the Commission to participate in a review of an award when vacancies exist on the Commission; provides for the compensation of recalled retired members and clarifies that more than one deputy commissioner may be appointed to participate in a review. Status: Signed by Governor. 03/07/2014 Acts of Assembly. Chapter No. 205.

VA H 630  Title: Workers Compensation Commission
Summary: Eliminates the ability of parties to a workers' compensation proceeding to file documents or materials with the Virginia Workers' Compensation Commission by telegraph; permits the filing of documents and materials only by means of electronic transmission approved by the Commission. Status: Signed by Governor. 03/07/2014 Acts of Assembly. Chapter No. 209.

VA H 1083  Title: Workers Compensation
Summary:Limits the liability of an employer for medical treatment provided to an injured person that is rendered by a nurse practitioner or physician assistant serving as an assistant-at-surgery to no more than 20 percent of the charge of the physician performing the surgery; relates to multiple procedures associated with medical, surgical, and hospital services rendered on or after a specified date; relates to claims prompt payment. Status: Signed by Governor. 04/06/2014 Acts of Assembly. Chapter No. 670.

WASHINGTON

WA S 6522  Title: Personal Information Gathered During Claims Resolution
Summary: Exempts information related to industrial insurance structured settlement agreements submitted to the Board of Industrial Insurance Appeals from public disclosure, except for final orders; provides that information gathered during the structured settlement agreement process is inadmissible in future litigation. Status: Signed by Governor. 04/01/2014 Chapter No. 142.

WYOMING

WY S 51  Title: Workers Compensation Coverage
Summary: Clarifies eligibility for elective coverage of corporate officers, members of a limited liability company, general partners and sole proprietors. Status: Signed by Governor. 03/04/2014 Chapter No. 22.

Source: StateNet bill tracking year-end search, 11-17-14.