Despite a record cold spring across the nation, the weather is heating up in time for the Memorial Day Weekend. You know what else is heating up?
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| Brrr ... March 25 in Columbia, MO. |
Efforts by lawmakers in nearly one in five states to push through new workers' comp laws before the term ends.
Reform brings change. Preparing for the change is one goal of our education team, which is why we've built the reform tracker.
Use this reform tracker to get ahead of the coming and proposed changes in your state or states, courtesy of WorkCompCentral.
Sit back, buckle up and let's go on a nationwide tour of statehouses with a focus on who's overhauling workers' comp and who's tinkering.
- Rob McCarthy
As promised, here is a rundown of states where workers' comp legislation is most active in the 2013 session. From the looks of things, Minnesota lawmakers are doing the heavy lifting in the 2013 session.
To learn more about state reform efforts, go to our web site and click on "News," then select a state. Click "sort" for a listing of recent news articles about that state. Articles are available for viewing either with a subscription or for one-time purchase. Look for "buy it" instructions at the bottom of each article.
ALABAMA
State lawmakers killed a reform bill that would have cut medical reimbursements, increased permanent partial disability benefits and raised attorney fees, because of opposition from medical providers. Senate Bill 453 failed to clear the Senate Business and Labor Committee.
"Lawmakers Kill Reform Bill" - the article.
ARIZONA
Gov. Jan Brewer signs into law a bill to allow property and casualty insurers to post policies online and send a link to policyholders instead of mailing a paper copy of the policy.
"Governor Signs Bill Allowing Carriers to Post Policies Online" - the article.
CALIFORNIA
A state Senate committee passed SB 809 to increase licensing fees for medical providers by 1.16% and impose an annual tax on drug manufacturers for enforcement of prescription controlled substances. The drug company tax will generate $4.2 million in 2014 to create an enforcement program in Northern and Southern California to monitor and investigate suspicious prescribing practices. The bill must pass in the Senate Appropriations Committee before a full vote of the Senate.
Other work comp-related bills are parked, pending further analysis.
AB 638 by Luis Alejo, D-Salinas, would allow expedited hearings to determine whether an injury arose out of and in the course of employment when the injured worker has not hired an attorney and the employer is illegally uninsured.
AB 454 by Roger Dickinson, D-Sacramento, would say a worker injured on a prevailing wage project should receive workers’ compensation benefits calculated using the prevailing wage rate, not the wages actually paid to the worker.
"Comp Bills to Suspense File" - read it.
CONNECTICUT
The Connecticut Senate is scheduled to vote this week on two controversial bills, both of which are opposed by cities as examples of "unfunded mandates." Senate Bill 823 would provide benefits in "mental-mental" cases and SB 925 expand the heart presumption for many first responders. SB 823 was filed in response to the fatal shootings at Sandy Hook Elementary School.
"Sandy Hook, Heart Bills Up for Final Votes in Senate" - coverage
FLORIDA
Lawmakers approved a compromise version of a bill that would cap cap repackaged drug prices in the workers' compensation system. This bill also awaits the governor's signature. Senate Bill 662 will cap the price of repackaged drugs – those primarily dispensed by physicians - at 112.5% of the average wholesale price set by the original manufacturer plus an $8 dispensing fee.
Both chambers of the state Legislature approved legislation for a new a database designed to crack down on construction subcontractors that skirt workers' compensation laws by laundering their payrolls through check-cashing houses. The bill awaits Gov. Rick Scott's signature.
"Legislature Adjourns After Contentious and Busy Comp Session" - wrap-up
ILLINOIS
The state House Labor and Commerce Committee unanimously approved Senate Bill 1847 in early May. The measure would clarify that the state's rebuttable presumption of compensability does not apply to most private-sector paramedics or emergency medical technicians. The bill was unanimously approved by the state Senate on April 25 and was headed toward a vote in the House of Representatives.
WorkCompCentral reported on May 9 that at least four other bills affecting workers' compensation insurers or employers were active with three week left in the session. Bills on paramedics, construction premiums, insurance pool reporting and social media statutes were moving toward floor votes.
"Bills on EMTs, Construction Premiums, Privacy Near Finish Line" - coverage
INDIANA
Gov. Mike Pence over the weekend signed House Bill 1320, which would install a hospital fee schedule with reimbursements set at 200% of Medicare.
"Gov. Pence Signs Hospital Fee Schedule Bill" - the details
MINNESOTA
The House of Representatives unanimously approved a bill May 10 to provide coverage for post-traumatic stress disorder, increase attorney fees, create an advocacy program for spinal-fusion patients and clarify that provider reimbursements are bound by the state's fee schedule.
The bill has Senate approval, and is on Gov. Mark Dayton's desk.
The bill included the Workers' Compensation Advisory Council's nine-point legislative proposal, which reflected a deal between business and labor lobbyists that took three months to negotiate.
"House, Senate Sign Off on PTSD, Attorney Fees Bill" - big changes
MISSOURI
The state House of Representatives has scheduled two bills that impact the state's workers' comp system for potential floor votes in the immediate future:
SB 1 would restore the state's Second Injury Fund by increasing the surcharge on workers' compensation premiums to 4.5% for the next two years and as high as 6% in the future;
SB 34 would require the Division of Workers' Compensation to create and maintain a claims information database.
And both chambers passed a measure to strengthen the Second Injury Fund, and sent it to the governor.
"House Approves Second Injury Fund Bill" - what they did
NEW YORK
The state Financial Services Superintendent Benjamin Lawsky has approved a change in the split point used by the New York Compensation Insurance Rating Board to determine experience modifications in the workers' compensation system.
"Lawsky Approves Change in Split Point" - the details
TENNESSEE
Gov. Bill Haslam signed legislation that mandates fines against construction companies that misclassify workers or low-ball payrolls to reduce workers' compensation premiums.
"Haslam Signs Construction Industry Misclassification Bill" the news
TEXAS
A controversial bill, House Bill 1468, aimed at preventing employer-carrier communications from becoming evidence is moving in the House. HB 1468 seeks to reverse that portion of the XL Specialty decision by allowing insurers to keep communications with employers confidential during court proceedings.
Lawmakers are considering bills that would affect specialty networks, allow nurses to file civil suits and protect employer-insurer discussions with only two weeks left until the end of the current legislative session on May 27.
The House approved SB 8, a bill amended to add a provision supported by the Texas Medical Association to require the adoption of national standards for medical preauthorization forms. The primary focus of SB 8 is to detect activities by providers that may be fraudulent.
"Lawmakers Show Support for DME, Home Services Networks" - the story\
ETHICAL DILEMMAS FOR COMP ATTORNEYS
Available now is a one-hour ethics overview for workers' compensation attorneys and legal specialists in California. Marina del Rey Presiding Judge Paige Levy discusses ethics and ethical dilemmas in this lively and entertaining program.
Judge Levy covers the California Rules of Professional Conduct and the ABA Model Rules and highlights such issues as:
- If I take my client to lunch do I violate an ethics rule? - When can I take a referral fee?
- What are the potential ethics problems when representing a carrier and an employer with adverse interest, and what are my legal and ethical obligations?
- What are the rules governing legal advertising and what should I look out for? If my client will no longer pay my bill can I stop showing up to court?
One credit hour of Ethics is available with the California Bar. California Claims Professionals may also receive one credit hour for completion.
The cost is $24.19. Register by calling 805-484-0333, ext. 113 or 133 or visit the course page.
PAIN" SERIES STARTS THURSDAY WITH A FREEBIE
What is pain? How is it categorized?
The May 23 introductory session of the new web series, "Ouch! Rethinking Pain," will help participants to define and understand pain, including the ways pain is categorized and manifest in workers' compensation injuries. Program begins at 1 p.m. Pacific Time.
Pre-registration is required before the session begins at 1 p.m. Pacific time. Register.
Our presenter is Dr. Julie Armstrong, who is a clinical nurse specialist and a psychologist. She worked as an RN for 13 years at UCLA's Neuropsychiatric Hospital, and has firsthand knowledge about pain complaints by patients. Today, she is a respected disability evaluator in the California workers' comp system.
Please plan to attend the opening session of "Ouch, Rethinking Pain."
This information would help anyone in the medical, psychological, legal or claims professions. Four sessions will follow Thursday's program.
For information about the full series for continuing-education credit, look here.
N.Y. TIMES CONTRIBUTOR NAILS PAIN
I came across this New York Times commentary recently and, looking back now, I don't recall why. However, the commentator references some clinical studies about pain and how people perceive it.
Don't let the title of the commentary, "How Colonoscopies Are Like Home Renovations") fool you. Writer Eziekiel Emanuel, in drawing a parallel between the medical test every man 50 and over dreads most and hiring a home contractor, connect some salient points about physical pain. Read him.
FEATURED EVENT: BURNS IN FOOD SERVICES
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| Dr. Grossman |
"Burn Injury in the Food & Beverage Work Place" is a continuing education program specifically for restaurant risk managers, claims and workers' comp program managers and medical-claims adjusters.
The program is free, courtesy of WorkCompCentral and Grossman Burn Centers. Space is limited.
Read about the Grossman Burn Center and its treatment and rehabilitation services on the web.
UPCOMING TRAINING EVENTS IN YOUR AREA
June 1-2: The Essential Guide to Writing a Medical Report, Camarillo, CA. A two-day training for both the medical evaluator and the treating physician in California comp. With updates about SB 863 changes. Register
June 13: Ouch! Rethinking Pain, Session 2: Influence of the Psyche on Pain. On the web. 1 p.m. Pacific time. Must register to attend. Second in a five-part series.
June 13-14: Central States Association Spring Seminar, Madison, WI.
Hosted by IAIABC, this seminar brings together representatives to discuss the challenges and successes of workers' compensation law administration affecting the central region of the United States. Info.
June 20-23, CSIMS Mid-Summer Seminar, Newport Beach CA
A program listing and other information available at the csims.org.
June 22: Hearing Representatives Training Day on The Queen Mary, Long Beach, CA. A professional development day for non-attorneys in the California workers' comp system. Led by 3 workers' comp judges. Course and registration information.
June 22, On Your Way to Becoming an E-Filer, The Queen Mary, Long Beach. Demonstration of e-filing by Long Beach board Presiding Judge Cynthia Quiel. Learn to get forms in and case information out of EAMS. Click to learn more.
June 27-29: CAAA Summer Conference, Mirage Hotel, Las Vegas.
For program details, go to the CAAA web site.
July 16-18: SEAK 33rd Annual Conference, Cape Cod, Mass. This is the longest-running national workers’ compensation and occupational medicine conference of its kind in the United States. Learn more about the program and how to register at seak.com
WHAT DO YOU KNOW?
The WorkCompentral Education office is looking for subject-matter experts for webinars in 2013-14 in the following areas:
Spinal injury best practicesN.Y. treatment guidelinesHow to communicate with clientsReturn-to-work best practicesStrategies for settling claimsAffordable Health Care Act and Workers' Comp
Contact Rob McCarthy, rob@workcompcentral.com or by phone (805) 484-0333, ext. 121 if you or someone you know can lead a webinar about any of the above topics.
THANK YOU FOR SUBSCRIBING
Thank you for subscribing to and reading the WorkCompCentral monthly Education Newsletter. Contact us at 805-484-0333, ext. 113 or 133 or email Sam Abusada at sam@workcompcentral.com with questions about continuing education mentioned in this newsletter. When you call, ask about group continuing education and training for today's busy claims adjusters. We're learning together.
