Alaska VIEW STATE →

LEGISLATIVE ACTIONS:

• House Bill 77
  An Act making corrective amendments to the Alaska Statutes as recommended by the revisor of statutes.  The legislation makes no substantive changes to the statute but rather clerical changes and statute reference corrections.  Effective Date: July 1, 2017.

Arizona VIEW STATE →

LEGISLATIVE ACTIONS:

• House Bill 2161
  Relating to cancer presumption and workers' compensation for firefighters.  The legislation adds the following cancers to the list of occupational diseases that would qualify a firefighter for workers' compensation: Buccal cavity and pharynx; Esophagus; Large intestine; Lung; Kidney; Prostate; Skin; Stomach; Testicular; and Non-Hodgkin's lymphoma, multiple myeloma and malignant melanoma.  The bill states that in order for a presumption to be granted, a fire fighter must have received a physical examination that is reasonably aligned with NFPA standards.  Provides an opportunity for rebuttal to eligibility for workers' compensation should there be evidence that there was no known work-related carcinogen exposure or that the firefighter or peace officer's exposure to tobacco products outside of duty contributed substantially to the development of the cancer.  Effective Date August 10, 2017.

• House Bill 2197
  The enacted legislation relates to the Centers for Medicare and Medicaid Services' audio and video capability requirements for telemedicine. Removes CMS' audio and video capability requirements for real-time telemedicine health examinations performed by an allopathic, osteopathic or naturopathic physician prior to prescribing medication or a prescription-only device.  Retains requirement that the examination be conducted during a real-time telemedicine encounter with audio and video capability. Removes CMS' audio and video capability requirements for real-time telemedicine health examinations for the purposes of filling a prescription that resulted from a telemedicine health examination. Effective Date August 10, 2017.

• House Bill 2410
  Relating to cardiac presumption and workers' compensation for firefighters. The enacted legislation adds heart-related, perivascular or pulmonary injuries, illnesses or death as occupational diseases that would conditionally qualify a firefighter for workers' compensation. It stipulates that in order to qualify for the presumption of compensability, a firefighter must have been exposed to a known event and the injury, illness or death must have occurred within 24 hours of exposure to the known event and was reasonably related to the exposure. The legislation permits a rebuttal to the presumption by a preponderance of the evidence if there is a specific cause of the injury, illness or death other than the employment. It excludes an injury, illness or death if there is evidence that a firefighter's exposure to cigarettes or tobacco products outside the scope of the firefighter's duty is a substantial contributing cause in the condition's development.  It adds heart-related, perivascular or pulmonary cases to the definition of personal injury by accident arising out of and in the course of employment. The legislation defines firefighter for the purposes of the section. Effective Date August 10, 2017.

• Senate Bill 1331
  The enacted legislation relates to deviations of workers' compensation rate filings. It allows a member insurer of a rating organization to file up to six uniform percentage deviations to the rating organization's rate filing. It requires the deviations to be established consistent with the underwriting rules that are based on criteria that would lead to a logical distinction of potential risk and makes a technical change. Effective Date August 10, 2017.

• Senate Bill 1332
  The enacted legislation repeals and rewrites statute relating to final settlement agreements involving workers' compensation claims. It allows interested parties to a claim to: settle and release an accepted claim for compensation, benefits, penalties or interest and negotiate a settlement if the period of disability is terminated by the carrier, special fund or self-insured employer. It requires settlements to: be in writing and signed by the carrier, special fund or self-insured employer; include a description of the employee's medical conditions identified and contemplated at the time of the settlement agreement; acknowledge the employee had the opportunity to seek legal advice and be represented by counsel; and include a description of the employee's medical conditions that have been identified and contemplated at the time of the settlement agreement. The legislation stipulates if an employee is represented by counsel, the settlement must include attestations as outlined in the bill. It mandates an employee not represented by counsel appear before an ALJ who is required to make specific factual findings regarding satisfaction of the requirements for a settlement and the attestations and prohibits approval if the settlement requirements are not met or if the settlement is not deemed fair and reasonable to the employee. The legislation maintains the authority of the ICA to approve settlements; the ICA is required to consider whether the settlement is in the best interest of the employee based on whether the employee's injuries are stabilized and the permanency of the injuries and requires lump sum settlement payments to be made within 15 days after approval. The legislation maintains the provision relating to the requirement for the carrier, special fund or self-insured employer to notify the physician of the approval of a settlement if it terminates the employee's entitlement to medical benefits. It prohibits settlements from: being negotiated to settle issues resulting in permanent disability; including settlements of unrelated claims. The legislation exempts the settlement of denied claims from the settlement requirements. It defines full and final settlement and special fund. It contains a delayed effective date of November 1, 2017, for the section related to settlements.  The legislation permits DES and the Office of Economic Opportunity to disclose unemployment insurance information to the ICA, DOI or the AG for use in the prevention, investigation and prosecution of workers' compensation fraud. It stipulates compensation for medical, surgical and hospital benefits must include reimbursement for reasonable travel expenses if the employee has to travel more than 25 miles to obtain care. It requires the ICA to review and determine a process for streamlining the authorization process for treatment within evidence-based medical treatment guidelines before December 31, 2017 (repeals this requirement July 1, 2018.).  Effective Date August 10, 2017.

• Senate Bill 1451
  The enacted legislation relates to requirements for custom orthotics and prosthetics. It requires, beginning January 1, 2018, custom orthotics or prosthetic devices that are furnished to an individual to meet the following requirements: be provided by a fabricator or supplier who is accredited by an approved independent accreditation organization approved by the HHS Secretary; be provided by a health care provider that is a qualified practitioner pursuant to federal law; and have a valid prescription. It prohibits a health care provider that does not receive insurance payment for a custom orthotic or prosthetic device from attempting to collect payment or reimbursement for the amount of coverage denial. The prohibition only applies if the coverage denial is based on the custom device or the provider does not meet all custom orthotic or prosthetic device requirements. The legislation exempts custom orthotic devices or prosthetic devices provided by the following health care professionals: Podiatrists; Allopathic physicians; Osteopathic physicians; Physical therapists; Physicians assistants; and Occupational therapists. It states that custom orthotic or prosthetic device requirements do not require health care providers to accept Medicare patients. The legislation defines custom orthotic or custom prosthetic device.  Effective Date August 10, 2017.

California VIEW STATE →

FEE SCHEDULE NEWS:

• Medi-Cal rates have been released with an effective date of May 15, 2017. The next update is scheduled for June 15, 2017

Colorado VIEW STATE →

LEGISLATIVE ACTIONS:

• House Bill 1119 The enacted legislation creates the 'Colorado Uninsured Employer Act' to create a new mechanism for the payment of covered claims to workers who are injured while employed by employers who do not carry workers' compensation insurance. The bill creates the Colorado uninsured employer fund, which consists of penalties from employers who do not carry workers' compensation insurance. It creates the uninsured employer board to establish the criteria for the payment of benefits, to set rates, to adjust claims, and to adopt rules. The board is required to adopt, by rule, a plan of operation to administer the fund and to institute procedures to collect money due to the fund.  Effective Date July 1, 2017.

• House Bill 1229 This bill makes changes to workers' compensation law.  It requires mental impairment claims to be proven by evidence supported by the testimony of a licensed psychiatrist, rather than a physician, or a psychologist.  The bill defines "psychologically traumatic event" as one generally outside of a worker's usual experience that would evoke significant symptoms of distress in a worker in similar circumstances, or an event within a worker's usual experience only when the worker is diagnosed with post-traumatic stress disorder (PTSD) by a licensed psychiatrist or psychologist after:
  • experiencing an attempt by another person to cause the worker serious bodily injury or death through the use of deadly force;
  • witnessing a death, or the immediate aftermath of a death, of one or more people as the result of a violent event; or
  • repeatedly witnessing the serious bodily injury (or immediate aftermath) of one or more people as a result of an intentional act or of an accident.  Effective Date July 1, 2018.
• Senate Bill 214 This bill allows municipalities, special districts, fire authorities, and county improvement districts that employ one or more firefighters to participate in a voluntary firefighter cancer benefits program.  Participation constitutes payment of contributions into a multiple employer health trust designed to pay awards to covered individuals diagnosed with cancer or their surviving family members.  The trust must establish award levels between $100 and $225,000 based on the category and stage of the cancer.  The trust must also make payments to the covered individual for the actual cost, up to $25,000, for rehabilitative or vocational training employment services and educational training and for cosmetic disfigurement costs, if necessary, up to $10,000.  Any benefits paid by the trust must be offset by any payments made under the Workers' Compensation Act of Colorado.  Firefighters, including those who work on a part-time or volunteer basis, must meet certain criteria to be eligible for benefits under the trust. Effective Date May 3, 2017.

Florida WC VIEW STATE →

FEE SCHEDULE NEWS:

• The state has adopted the new Florida Workers’ Compensation Health Care Provider Reimbursement Manual 2016 Edition with an effective date of July 1, 2017.

LEGISLATIVE ACTIONS:

• House Bill 146
  The enacted legislation amends Code Section 25-3-23 of the Official Code of Georgia Annotated, relating to general requirements for legally organized fire departments, so as to require such fire departments to purchase and maintain certain insurance coverage for firefighters; to provide methods for funding; to provide for rules and regulations; to amend Code Section 48-7-27 of the Official Code of Georgia Annotated, relating to computation of Georgia taxable net income, so as to provide an exemption for benefits received under said insurance coverage for firefighters; to repeal conflicting laws; and for other purposes.  Effective Date January 1, 2018.

• Senate Bill 173
  The enacted legislation  amends Chapter 41 of Title 33 of the O.C.G.A., relating to captive insurance companies, so as to extensively revise certain provisions; to provide for change and revision of certain definitions; to provide for scope of provisions and lines of businesses a captive insurance company may engage to add an agency captive insurance company with certain restrictions; to change certificate of authority requirements; to provide for board of managers; to provide for captive corporate organization requirements making certain captives subject to Title 14; to provide for certain exemptions; to provide for exceptions, fees, and articles of incorporation requirements; to provide for powers and requirements by the Commissioner; to provide for related matters; to repeal conflicting laws; and for other purposes. Effective Date July 1, 2017.

Illinois VIEW STATE →

REGULATORY ACTIVITY:

• Until July 1, 2017, settlement contracts should still be submitted to the current sitting arbitrator for approval (Arb. Friedman in Zone 5, Arb. Hegarty in Zone 6). As of July 1, 2017, Arbitrator Hegarty and Arbitrator Friedman will be switching dockets to ensure compliance with the Illinois Workers’ Compensation Commission statute.  Arbitrator Hegarty will be moving to Zone 5 and all cases formerly assigned to Arbitrator Friedman will now be assigned to Arbitrator Hegarty.  Arbitrator Friedman will moving to Zone 6 and all cases formerly assigned to Arbitrator Hegarty will now be assigned to Arbitrator Friedman.  If a case had been tried or partially tired by either arbitrator, that individual will retain jurisdiction over the case.

Kansas VIEW STATE →

REGULATORY ACTIVITY:

• Effective immediately, the KDOL Workers Compensation Division office in Garden City will no longer be using P.O. Box 1138. The new mailing address is 407 Campus Drive, Garden City, KS 67846-6124.

Kentucky VIEW STATE →

LEGISLATIVE ACTIONS:

• House Bill 378
  An act relating to the Labor Cabinet. Omnibus provisions relating to the Labor Cabinet; amend KRS 189.635 to allow accident reports to be given to OSHA investigators without a subpoena; amend KRS 336.020 to rename divisions and change method of nomination for commissioner and director; amend KRS 337.010 to update ways that an employee may receive wages and prohibit activation fees for wages on a debit card; amend KRS 336.050 to give the secretary discretion to prosecute a violation of a wage and hour law; amend KRS 337.070 to provide that a statement of wages may be paper or electronic as long as employees have access to a computer and printer; amend KRS 342.0011 relating to the definition of commissioner; amend KRS 342.122 to change the names of Labor Cabinet divisions; amend KRS 342.213 and 342.228 to change the procedure for nominating commissioners; amend KRS 342.230 to make changes to the commissioner's authority; amend KRS 342.347 relating to exemptions under open records laws; amend KRS 12.020 to move and rename divisions; repeal the following: KRS 336.140, 336.151, 336.152, 336.153, 336.156, 336.162, 336.164, 336,165, 336,1221, 336,1662, 336,1663 and 336.1664. Effective Date June 30, 2017.

Maine VIEW STATE →

LEGISLATIVE ACTIONS:

• Legislative Document 61
  The enacted legislation improves vocational rehabilitation under the Maine Workers’ Compensation system. The legislation enacts a provision that if an employee is actively participating in rehabilitation ordered benefits may not be reduced except upon the employee’s return to work with or an increase in pay from the employer who is paying the employee compensation under this act based on actual documented earnings paid to the employee or when the employee reaches the duration limit of benefits paid.  Effective Date September 21, 2017.

Maryland VIEW STATE →

LEGISLATIVE ACTIONS:

• House Bill 1294 Senate Bill 426
  The enacted legislation increases the cap – from $45,000 to $65,000 – on unpaid benefits that may survive to a covered employee’s dependents or spouse when the employee was receiving permanent total disability benefits and died from causes unrelated to the claim. The bill must be construed to apply only prospectively and may not be applied or interpreted to have any effect on, or application to, any claims arising before the bill’s October 1, 2017 effective date.  Effective Date October 1, 2017.

• House Bill 1476 Senate Bill 867
  As enacted the legislation modifies the misdemeanor penalty applicable to an employer who fails to report an accidental personal injury within the required timeframe.  Specifically, the bill increases the existing maximum fine that may be imposed (from $50 to $500) and limits the penalty to only apply in cases when an employer “knowingly” fails to report an injury.   Effective Date October 1, 2017.

• House Bill 1484 Senate Bill 194
  The enacted legislation generally establishes a 12-month time limit for a medical service provider that treats a covered employee under workers’ compensation to bill an employer or its insurer.  A bill must be submitted within 12 months from the later of the date (1) the medical service or treatment was provided to the covered employee; (2) the claim for compensation was accepted by the employer or the employer’s insurer; or (3) the claim for compensation was determined by the Workers’ Compensation Commission (WCC) to be compensable.  The employer or insurer may not be required to pay a bill submitted after the 12-month limit except under specified circumstances.  Effective Date October 1, 2017.

Medicare VIEW STATE →

FEE SCHEDULE NEWS:

• Physician – CMS has posted new updates to the National Physician Fee Schedule Relative Value File effective July 1, 2017. The next expected update is October 1, 2017.
• HCPCS – Several codes have been updated as of July 1, 2017.  The next expected update is in October 2017.
• CCI and MUE Edits – CMS has released the July 1, 2017 changes for the MUE and CCI edits. The next expected update is for October 1, 2017.

Montana VIEW STATE →

REGULATORY ACTIVITY:

• Montana has posted their proposed fee schedule effective on July 1, 2017.

LEGISLATIVE ACTIONS:

• House Bill 449
  An act revising the definition of "wages" in workers' compensation and the small business health insurance purchasing pool; and amending section 39-71-123, MCA. The legislation redefines some of the definitions in the statute.  Specifically, it redefines (c) regarding tips and board, lodging, rent or housing (e).  Effective Date October 1, 2017.

Nebraska VIEW STATE →

REGULATORY ACTIVITY:

• The Court has issued its statistical report for 2007-2016. The report summarizes information reported to the court by employers and insurers for work-related injuries and illnesses that occurred during calendar years 2007 through 2016, regardless of the year in which the reports were filed.

LEGISLATIVE ACTIONS:

• Legislative Bill 444
  The enacted legislation prohibits cities and counties offering individual or family health insurance to law enforcement officers from cancelling such policy if the officer is injured in an assault while on duty. The city or county may cancel the policy if the law enforcement officer does not return to employment within twelve months. Effective Date August 31, 2017.

Nevada VIEW STATE →

LEGISLATIVE ACTIONS:

• Assembly Bill 12
  In Nevada, existing law prohibits a person from acting as or holding himself or herself out to be an adjuster without a license. (NRS 684A.040) Section 7 of this bill requires certain natural persons who hold a license as an adjuster to complete certain courses of continuing education before the license may be renewed. Section 8 of this bill requires an adjuster to adhere to certain standards of conduct. Section 9 of this bill provides for the issuance of nonresident licenses as an adjuster. Section 10 of this bill authorizes the Commissioner of Insurance to promulgate reasonable regulations relating to adjusters. Section 15.5 of this bill authorizes the Commissioner to license an individual as a company adjuster or a staff adjuster, in addition to the current types of licensure. (NRS 684A.050).  Section 17 of this bill provides for the temporary emergency licensure of natural persons as adjusters in the event of a declared catastrophe. Section 17 also imposes upon an applicant for a temporary emergency license the requirement to pay all fees that apply to an adjuster. Section 21 of this bill exempts a person who is licensed as an adjuster in another state from the requirement to pass an examination before being issued a license in this State in certain circumstances. Section 22 of this bill authorizes the Commissioner to enter into a contract with a nongovernmental entity to perform ministerial duties relating to licensing. Sections 12, 14, 15-20 and 23-25 of this bill make various revisions relating to the licensing of adjusters. Effective Date May 19, 2017.

• Assembly Bill 35
  Existing law authorizes the Commissioner of Insurance to regulate insurance in this State. (NRS 679B.120) Sections 1 and 2 of this bill revise provisions governing examinations of insurers. Section 3 of this bill makes a conforming change related to section 1.   Existing law authorizes a domestic insurer to organize or acquire one or more subsidiaries and requires certain insurers contained within such an insurance holding company system to register with the Commissioner. (NRS 692C.130, 692C.260).  Existing law also requires an insurer or insurance group to regularly conduct an Own Risk and Solvency Assessment and submit a summary report to the Commissioner. (NRS 692C.3512, 692C.3514).  Sections 5-12 of this bill adopt certain provisions of the National Association of Insurance Commissioners’ Corporate Governance Annual Disclosure Model Act.  Section 7 requires certain insurers or insurance groups to annually submit to the Commissioner of Insurance a corporate governance annual disclosure and specifies the contents of the corporate governance annual disclosure. Section 9 authorizes the Commissioner to adopt regulations setting forth instructions for the preparation of a corporate governance annual disclosure.  Section 10 makes a corporate governance annual disclosure and certain other documents, materials and information confidential and authorizes the Commissioner to share such items in certain circumstances. Section 11 authorizes the Commissioner to retain third-party consultants and enter into certain agreements to assist in the performance of his or her regulatory duties.  Sections 13-16 of this bill adopt certain provisions of the National Association of Insurance Commissioners’ Insurance Holding Company System Regulatory Act. Section 16 authorizes the Commissioner to act as the group-wide supervisor for an internationally active insurance group in certain circumstances. Section 16 authorizes an insurance holding company system which does not qualify as an internationally active insurance group to request that the Commissioner determine or acknowledge a group-wide supervisor for the insurance holding company system. Section 16 provides for the Commissioner to determine whether the Commissioner or another person is the appropriate group-wide supervisor for an internationally active insurance group. Section 16 authorizes the Commissioner to cooperate with other regulatory officials and enter into agreements with or obtain documentation from certain persons or entities. Finally, section 16 requires an insurer subject to the section to pay the reasonable expenses of the Commissioner in administering the section.  Existing law provides for the creation of captive insurers and their regulation by the Commissioner. (NRS 694C.180, 694C.195, 694C.200) Sections 21-27 of this bill add to and revise the provisions governing captive insurers, including, without limitation, state-chartered risk retention groups. Sections 22 and 25 provide for specified existing law to apply to state-chartered risk retention groups. Section 27 revises provisions governing reports and statements which must be filed by captive insurers and state-chartered risk retention groups. Sections 21, 23 and 24 make conforming changes related to sections 22 and 25.  Effective Day May 8, 2017.

• Assembly Bill 63
  Current law requires the Court Administrator to adopt regulations which, subject to the availability of funding, establish a program for the certification of court interpreters and procedures for the appointment of alternate court interpreters. (NRS 1.510) This bill requires an applicant for a certificate as a court interpreter or appointment as an alternate court interpreter to submit to the Court Administrator with his or her application:

(1) a complete set of his or her fingerprints; and

(2) written permission authorizing the Court Administrator to forward the fingerprints to the Central Repository for Nevada Records of Criminal History for its report on the criminal history of the applicant and for reports thereafter upon renewal, and for submission to the Federal Bureau of Investigation for its report on the criminal history of the applicant.   Effective Date May 23, 2017.

New Mexico VIEW STATE →

LEGISLATIVE ACTIONS:

• Senate Bill 367 The enacted legislation facilitates OSI’s administrative duties by:
  • Removing the requirement that the Attorney General file a civil suit against insurers that file their annual statements late in order for the Office of the Superintendent of Insurance to be able to fine them.
  • Providing a due date and a penalty for the late payment of fraud assessments. 3. Giving OSI 60 days rather than 30 days to review credit life and credit health product filings and to review marketing materials for products that are subject to the Minimum Healthcare Protection Act.

Section 4 of the bill is similar to HB 336.  Section 12 of the bill is identical to HB 127, which adds electronic funds transfer as a means of settling reimbursable claims under the New Mexico Insurance Code.  The first three sections of the bill bring New Mexico’s procedures for examining insurance companies into compliance with the National Association of Insurance Commissioners’ Model Law on Examinations.  The bill also attaches a severability clause to the Risk-Based Capital Act as required by the National Association of Insurance Commissioners.  The bill’s removal of stop loss insurance from the list of health insurance products resolves the Insurance Code’s current failure to exclude stop loss insurance from the requirements of major medical insurance. The bill also ensures that property/casualty insurers can continue to write accident & health products. Several sections of the bill regulate student health plans as individual or managed health plans rather than as blanket sickness or accident policies.  Effective Date June 18, 2017.

North Dakota VIEW STATE →

LEGISLATIVE ACTIONS:

• House Bill 1137
  The enacted legislation creates and enacts sections 65-04-26.2 and 65-04-27.2 of the North Dakota Century Code, relating to workers' compensation requirements for general contractors and cease and desist orders; to amend and reenact subsection 16 of section 65-01-02 and section 65-04-19 of the North Dakota Century Code, relating to the workers' compensation definition of employee, assignment of rate classification, and calculation of premium; and to provide a penalty. Effective Date August 1, 2017.

• House Bill 1156
  The enacted legislation amends and reenacts section 65-01-02, subsection 8 of section 65-05-07, and section 65-05-08 of the North Dakota Century Code, relating to the definition of medical marijuana and prohibiting the payment of workers' compensation benefits for medical marijuana; and to provide for application.  Effective Date August 1, 2017.

• House Bill 1235
  The legislation creates and enacts subsections 4 and 5 to section 54-61-02 of the North Dakota Century Code, relating to access to confidential records by the commission on legal counsel for indigents. Effective Date August 1, 2017.

• Senate Bill 2094
  This legislation creates and enacts section 65-04-04.4 of the North Dakota Century Code, relating to medical expense assessments; to amend and reenact sections 65-04-22, 65-04-26.1, 65-04-32, and subsections 2, 3, and 4 of section 65-04-33 of the North Dakota Century Code, relating to securing premium payments, correct cross references, employer noncompliance, and employer false statements; to repeal section 65-05-07.2 of the North Dakota Century Code, relating to medical expense assessments; and to provide a penalty.  Effective Date August 1, 2017.

• Senate Bill 2199
  The enacted legislation creates and enacts chapter 37-17.5 of the North Dakota Century Code, relating to facilitating entry of an out-of-state business to perform disaster or emergency remediation work in this state on critical natural gas, electrical, and telecommunication transmission infrastructure and to provide a limited exemption for that purpose from state and local taxes and fees, licensing, and other requirements during the time in this state employed in disaster or emergency remediation work. Effective Date August 1, 2017.

• Senate Bill 2231
  The enacted legislation creates and enacts a new section to chapter 23-16 and four new sections to chapter 26.1-47 of the North Dakota Century Code, relating to informed decision making for choosing air ambulance service providers, preferred provider arrangement requirements for insurance prior authorization for air ambulance services, and air ambulance subscriptions; to amend and reenact section 26.1-47-01, subsection 6 of section 26.1-47-02, and section 26.1-47-07 of the North Dakota Century Code, relating to preferred provider organizations; to provide an effective date; and to provide a contingent effective date.  Note on effective date: Sections 2, 4, 5, and 6 of this Act become effective January 1, 2018. If section 6 of this Act is declared invalid, sections 3, 7, and 8 of this Act become effective on the date the insurance commissioner certifies the invalidity of section 6 to the secretary of state and the legislative council.  Effective Date August 1, 2017.

Oregon VIEW STATE →

LEGISLATIVE ACTIONS:

• House Bill 2186
  The enacted legislation allows Director of Department of Consumer and Business Services to certify self-insured employer group created by intergovernmental agreement underORS30.282as a self- Insured employer group for purposes of workers' compensation insurance.  Effective Date January 1, 2018.

• House Bill 2192
  The enacted legislation increases term of Workers' Compensation Management-Labor Advisory Committee members from two years to three years. Effective Date January 1, 2018.

• House Bill 2335
  The enacted legislation permits Director of Department of Consumer and Business Services, at request of party to proceeding to close workers' compensation claim, to appoint as many as three members to panel of medical arbiters in accordance with criteria director sets by rule. Effective Date January 1, 2018.

• House Bill 2236
  The enacted legislation permits Director of Department of Consumer and Business Services to appoint claims processing agent for self-insured employer or self-insured employer group that defaults or cancels employer's or group's certification or that director decertifies. Effective Date January 1, 2018.

• House Bill 2337
  The legislation as enacted increases workers' compensation benefits for permanent total disability and permanent partial disability. If permanent total disability results from [the] a worker’s injury, the worker shall receive during the period of that disability compensation benefits equal to 66-2/3 percent of wages [not to exceed 100], no more than 133 percent of the average weekly wage [nor] or no less than [the amount of 90 percent of wages a week or the amount of $50, whichever amount is lesser] 33 percent of the average weekly wage.  Effective Date January 1, 2018.

• House Bill 2338
  The enacted legislation specifies only one monthly benefit rate for children of deceased worker and uniform duration of benefits for children under 19 years of age. A [dependent] child of any age who [is an invalid is a child, for purposes of benefits, regardless of age, so long as the child was an invalid at the time of the accident and thereafter remains an invalid substantially dependent on the worker for support. For purposes of this chapter, a dependent child who is an invalid is considered to be a child under 18 years of age] was an invalid at the time of the accident and thereafter remains an invalid substantially dependent on the worker for support.  Effective Date January 1, 2018.

• Senate Bill 856
  The legislation as enacted allows naturopathic physicians to perform certain actions that physicians are authorized to perform. Effective Date January 1, 2018.

South Carolina VIEW STATE →

LEGISLATIVE ACTIONS:

• House Bill 3406
  Regarding the Maintenance tax imposed by the Workers’ Compensation Commission this act takes effect July 1, 2017, and must be terminated five years after the effective date of the act unless otherwise authorized by the General Assembly. Beginning on July 1, 2014, and on each July first thereafter, the South Carolina Workers' Compensation Commission must report to the Chairman of House Ways and Means Committee, the Chairman of Senate Finance Committee, and the Governor the amount of money the agency has received in the previous fiscal year pursuant to this act."  Effective Date June 29, 2017.

• House Bill 3441
  An act to amend the code of laws of South Carolina, 1976, by adding section 42-9-450 so as to provide workers' compensation payments by employers' representatives must be made by checks or electronic payment systems. Effective Date May 9, 2017.

• House Bill 3879
  The enacted legislation amends section 42-9-290, code of laws of South Carolina, 1976, relating to the maximum amount of burial expenses payable under workers' compensation laws for accidental death. It increases the maximum payable amount to seventy-five hundred dollars.  Effective Date May 10, 2017.

Tennessee VIEW STATE →

LEGISLATIVE ACTIONS:

• Senate Bill 297
  The enacted legislation requires that utilization review will be required for any invasive procedure.  The legislation also establishes that utilization review will not be required for diagnostic procedures ordered in accordance with the treatment guidelines by the authorized treating physician or chiropractor in the first 30 days after the date of injury or diagnostic studies recommended by the treating physician in the event the initial treatment regimen is nonsurgical, without diagnostic testing, and is not successful in returning the injured worker to employment. The legislation clarifies the requirement that the panel of independent reputable providers not be associated in practice by defining "not associated in practice together" to mean at least one physician, surgeon, chiropractor, or specialty practice group is not associated in practice with another physician, surgeon, chiropractor, or specialty practice group that is on the list or panel provided to an employee. In addition, the legislation increases employee's community of residence the area from which an employer must provide a panel of independent reputable providers from 100-mile radius to 125-mile radius.  The legislation increases burial expenses from $7,500 to $10,000.  Effective Date May 18, 2017.

• Senate Bill 1214
  This bill renames the "second injury fund" the "subsequent injury and vocational recovery fund". Under present law, a sole proprietor, a partner, or a member of a LLC who devotes full time to the proprietorship, partnership, or LLC, respectively, may elect to be a covered employee for workers' compensation purposes by filing written notice of the election with the bureau of workers' compensation at least 30 days before the occurrence of any injury or death, and may at any time withdraw the election by giving notice of the withdrawal to the bureau. This bill instead authorizes a sole proprietor and a partner to elect to be a covered employee for workers' compensation purposes by filing written notice of the election with the partnership or proprietorship. Such a partner or proprietor may at any time withdraw the election by giving notice of the withdrawal to the partnership or proprietorship. Present law authorizes corporate officers, other than corporate officers engaged in the construction industry, to elect exemption from the Workers' Compensation Law by providing notice of the election to the bureau and the officer's employer along with an affidavit affirming that the election was not advised, counseled, or encouraged by the employer. Under this bill, only the employer must be provided the notice and affidavit. Present law generally exempts non-construction services employers who have less than five regular employees from the Workers' Compensation Law. Any such exempt employer may opt into the law by filing a notice with the bureau. Under this bill, an employer with less than five regular employees who wants to opt into the law must purchase a workers' compensation insurance policy rather than provide notice to the bureau. This bill authorizes any employee who has exhausted eligibility for permanent partial disability benefits and, following a workers' compensation injury, has not returned to work with any employer or has returned to work and is receiving wages or a salary that is less than 100 percent of the wages or salary the employee received from the employee's pre-injury employer on the date of injury, to request vocational recovery assistance from the subsequent injury and vocational recovery fund. Vocational recovery assistance may include, but is not limited to, vocational assessment, employment training, job analysis, vocational testing, GED classes and testing, and education through a public Tennessee higher education institution, including books and materials required for courses. All vocational recovery assistance is subject to the maximum limit of $5,000 per eligible employee in a fiscal year. The administrator of the bureau will determine whether to grant requests for vocational recovery assistance. The full text of this bill sets financial parameters for use of the monies in the subsequent injury and vocational recovery fund for vocational recovery assistance. This bill also deletes the present law requirement that the administrator cause the bureau of workers' compensation to refer all feasible cases for vocational rehabilitation to the department of education. This bill specifies that oral argument may be heard for appeals to the workers' compensation appeals board. This bill also deletes from present law the authorization for the workers' compensation appeals board to reverse or modify and remand the decision of a workers' compensation judge when the rights of any party have been prejudiced because findings, inferences, conclusions, or decisions of a workers' compensation judge: Violate constitutional or statutory provisions; Exceed the statutory authority of the workers' compensation judge; Do not comply with lawful procedure;  Are arbitrary, capricious, characterized by abuse of discretion, or clearly an unwarranted exercise of discretion; or  Are not supported by evidence that is both substantial and material in the light of the entire record.  Present law generally requires that a statistical data form be filed with the bureau for workers' compensation claims that are resolved by trial or settlement. If the administrator determines that an insurer or self-insured employer fails to complete substantially and file the statistical data more than five times, the administrator may assess a monetary penalty up to $100 against the insurance company for the employer or against the employer, if self-insured. Under present law, a statistical data form is not required for reconsideration of a prior settlement or trial judgment order for which a statistical data form was filed at the time of submission of the prior order, or when the only issue resolved by an order is the closing of future medical benefits that remained open pursuant to a prior order for which a statistical data form was filed at the time of submission of the prior order. This bill requires that a statistical data form must be filed for a settlement for initial benefits, a settlement for increased benefits, and a settlement for closure of future medical benefits that remained open pursuant to a prior order, even if a statistical data form was filed at the time of submission of the prior order. This bill removes present law language that prohibits entry of a settlement or trial order in a workers' compensation claim if the statistical data form is not filed. This bill also authorizes the administrator to assess a civil penalty of $100 to $1,000 against an employer or employer's agent who fails to fully complete and timely file the statistical data form within 10 business days of the date of a compensation hearing order. This bill requires any employer of a construction services provider to, upon request by the bureau, provide proof of valid workers' compensation insurance coverage at the employer's place of business and at job sites where the employer is providing construction services. This bill authorizes the administrator to assess a penalty of $50.00 to $5,000 per violation for failure to provide proof of valid workers' compensation insurance coverage. Present law generally requires all construction services providers to carry workers' compensation insurance; provided, that a construction service provider who meets certain criteria may apply to the secretary of state for an exemption. This bill authorizes the administrator to assess a penalty of $50.00 to $5,000 per violation against any person or representative of an entity who knowingly enters or directs a party to enter false or unauthorized information on a construction services provider's application to the secretary of state.  Effective Date May 9, 2017.