REGULATORY ACTIVITY:

• Please be advised that the New Hampshire Department of Labor has submitted the proposed rule dealing with regulation and licensing of 3rd party administrators for approval to the Joint Legislative Committee on Administrative Rules. The public hearing for the proposed rules will be held at the New Hampshire Department of Labor on Thursday May 2, 2019 at 2 pm.  To view the notice, go to https://www.nh.gov/labor/index.htm.

LEGISLATIVE ACTIONS:

• House Bill 285

The enacted legislation provides that for workers’ compensation rate filings that a filing and any supporting information not considered proprietary pursuant to RSA 412:16, II shall be open to public inspection upon approval of the filing. Effective Date June 22, 2019.

REGULATORY ACTIVITY:

• Please be advised that the Vocational Rehabilitation Provider Advisory Board will hold a meeting at the New Hampshire Department of Labor on Thursday March 14, 2019 at 2:30 pm. This meeting may include a non-public session.

LEGISLATIVE ACTIONS:

• Senate Bill 541

The enacted legislation establishes a prima facie presumption that cancer disease in a firefighter is occupationally related.  Effective Date July 10, 2018.

LEGISLATIVE ACTIONS:

House Bill 407

The enacted legislation requires workers’ compensation to cover prophylactic treatment for exposure.  The enacted legislation sets forth that all expenses associated with the medical evaluation and recommended post- exposure prophylaxis treatment for emergency response/public safety workers shall be paid by the employer’s insurance carrier or third-party administrator. Such medical evaluation and prophylaxis treatment shall be provided without prejudice as to the issue of the causal relationship of any subsequently diagnosed blood borne disease or airborne disease to the emergency response/public safety worker’s work and without prejudice to the compensability of the blood borne disease or airborne disease as an occupational disease or an accidental injury for the purposes of the workers’ compensation statute. Effective Date January 1, 2019.

House Bill 1740

The enacted legislation clarifies the provision of the workers’ compensation statute relating to the costs of blood testing orders when certain individuals have been exposed to another person’s bodily fluids. The enacted legislation clarifies that the insurer shall be responsible for covering such costs.  Effective Date June 8, 2018.

Senate Bill 84

The enacted legislation authorizes payment of compensation under the workers’ compensation law to be made to the injured worker by direct deposit, if the injured worker elects to receive compensation payment by that method. Effective Date January 1, 2019.

Senate Bill 351

The enacted legislation clarifies the qualifications of an injury management facilitator affiliated with managed care programs under workers' compensation.  Effective Date January 1, 2019.

Senate Bill 553

The enacted legislation establishes a commission to study the incidence of post-traumatic stress disorder in first responders and whether such disorder should be covered under workers' compensation.  The commission shall be made up of one member of the senate, three members of the house of representatives, labor commissioner, commissioner of safety, insurance commissioner, representative of the municipal association, representative of the association of counties, representative of the national alliance of mental illness, fire chief appointed by the association, one member appointed by the police chiefs association, one member of the police association, a representative of the professional firefighters, a representative of EMTs, a representative of the public risk managers, and an attorney appointed by the association for justice . The commission shall submit its recommendations and findings in a report along with any recommendations for proposed legislation to the president of the senate, speaker of the house, senate clerk, house clerk, governor and the state library.   Effective Date June 12, 2018.

LEGISLATIVE ACTIONS:

Senate Bill 455

• The enacted legislation exempts from public disclosure the details of an injury sustained by a state employee in the line of duty including employees name. Effective Date July 18, 2018.

LEGISLATIVE ACTIONS:

• Senate Bill 59
  The enacted legislation established that in regard to ordered drug testing in relation to blood borne disease the employer shall be responsible for payment of the testing. Paying for the testing will not prejudice the issue of causal relationship of any subsequently diagnosed disease or injury. Effective Date September 9, 2017.

REGULATORY ACTIVITY:

• Posted notice of rulemaking regarding rule managed care programs in workers' compensation.  The posted notice is for LAB Rule 700.  There will be a public hearing held on July 27, 2017 at 10:00 a.m. at the NH Department of Labor 95 Pleasant St, Concord New Hampshire.

LEGISLATIVE ACTIONS:

• House bill 150
  This enacted legislation makes technical changes to the law governing property and casualty insurance.  Effective Date August 1, 2017.

• House Bill 517
  The enacted legislation provides workers compensation coverage by the state to certain volunteers for the fish and game department. Effective Date July 1, 2017.
• Senate Bill 210
  The enacted legislation clarifies certain positions within the department of insurance. Effective Date August 15, 2017.

REGULATORY ACTIVITY:

• On April 25, 2017 the Department of Insurance has posted notice of amendments to its rules regarding third party administrators.

REGULATORY ACTIVITY:

• Posted notice of a public hearing held on May 23, 2016 regarding amendments to regulations regarding stop loss insurance policies.

LEGISLATIVE ACTIONS:

• House Bill 1331
  This bill clarifies the experience that the members of the compensation appeals board must have to be members of the workers’ compensation appeals board. The statute requires that an individual have at least 5 years’ experience in the area of workers’ compensation, human resources or administrative law.  As a condition to maintaining eligibility to hear appeals, board members must have at least 10 hours annually of training and a briefing in the area of workers’ compensation and relevant disciplines.   Effective Date January 1, 2017.
• Senate Bill 203
  This bill allows an injured worker whose treatment is purposely postponed for medical treatment beyond the fourth anniversary of the date of denial or last payment of compensation to petition the commissioner of labor, within a certain time frame, to review such denial or award of compensation. Effective Date September 19, 2016.
• Senate Bill 238
  The enacted legislation adjusts the size of the workers’ compensation appeals board to be not less than 21 members but not more than 33 members, and raises the per diem amount from $200 to $400 for attorney members and $150 to $250 for all other members of the board.  The Department states each appeal pre-hearing and hearing consists of three members (one attorney and two other members).  There are approximately 246 hearings and 12 pre-hearings conducted each year.  Additionally, the Department states there would be an increase in costs related to attendance at the training meetings, monthly meetings and the completion of writing decisions, mainly completed by attorneys.  The Department estimates this bill may increase operating costs associated with per diem reimbursement by$169,600 each year. The Department states the increased costs would be paid for from the workers’ compensation administrative fund.  The fund is funded by carriers and self-insurance payments.  As employers, state, county and local governments would have an increase in expenditures based on their portion paid for the workers’ compensation administrative fund.  The Department states the increase would be indeterminable.  Effective Date January 1, 2016.
• Senate Bill 319
  This bill adds definitions of “adult child” and “dependent child” for purposes of determining survivor benefits for families of police officers and firefighters killed in the line of duty. The bill also increases the time periods for determining whether a death benefit is awarded. Effective Date June 21, 2016.
• Senate Bill 409
  This bill extends the prospective repeal of the first responder’s critical injury benefit. This bill also establishes a committee to study soft tissue injuries for purposes of workers’ compensation permanent impairment awards.  Effective Date June 21, 2016.