According to the NCCI, the ongoing impact of COVID-19, cannabis legalization, and containment of medical costs is one of the major regulatory and legislative issues states are grappling with across the country.
The continued impact of COVID-19 in the workplace, legalizing cannabis, and curbing medical costs are some of the major issues states are grappling with, according to reports following compensation-related legislative action.
This year marks the 10th anniversary of the National Compensation Insurance Council (NCCI)’s Regulatory and Legislative Trends Report.
The 2022 report focuses on legislative activity related to workers’ compensation and trending issues across the country.
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As of July 31, the report tracks 844 state and federal bills, including 447 bills in states where NCCI provides pricing services.
To date, 98 bills have been enacted.
In addition, NCCI monitored 243 proposed workers’ compensation-related regulations. As of July 31, 95 of these proposed regulations have been adopted.
“As in previous years, controlling healthcare costs was the overriding theme of the regulations adopted, including healthcare cost schedules and treatment guidelines, although some of the regulations adopted included claims reporting requirements, surcharges, and valuations,” said Executive Director Laura Kersey. Regulatory and Legislative Analysis for NCCI.
1) COVID-19
NCCI has responded to more than 118 bills related to COVID-19 and insurance this year.
Laura Kersey, Executive Director, Regulatory and Legislative Analysis, NCCI, said:
“This year we have continued to see states focus on COVID-19 legislation, including presumed compensation for COVID-19 workers,” Kersey said.
The report found that between 2020 and 2021, 18 states have established presumptions of COVID-19 through laws, directives, and/or emergency regulations.
Generally, these are presumptions that an employee’s exposure or infection with COVID-19 is work-related or a compensable injury or illness.
Most of these estimates included expiry or sunset provisions tied to the end of the emergency or another specified date.
Several states have proposed legislation this year to extend the validity of COVID-19 workers’ compensation estimates, while some consider legislation to establish new COVID-19 estimates, the report said. pointed out that
In addition, several states have considered legislation to establish broader compensation presumptions for infectious disease workers that are applicable beyond the COVID-19 pandemic..
2) COVID-19 vaccine
New trends emerging in 2021 and early 2022 included worker compensation and vaccination against COVID-19.
Several states have established presumptions of workers’ compensation for adverse effects on employees from employer-mandated COVID-19 vaccinations, or if injuries from required COVID-19 vaccinations are covered under the Workers’ Compensation Act. proposed a law specifying that it should be possible.
In addition, several states have proposed legislation creating private action rights against employers for certain injuries or deaths resulting from employer-mandated COVID-19 vaccinations.
Workers’ compensation and COVID-19 vaccination issues are noteworthy, but did not gain momentum during the legislative season, and to date none of the bills have been enacted, Carthy said.
3) Mental health
Another hot topic cited in the report is mental health.
“Worker compensation for workplace-related mental injuries, including legislation addressing post-traumatic stress disorder, continued to be a high-profile topic this year,” Carthy said.
Of the 61 bills monitored by the NCCI on workers’ compensation and mental health, 46 were related to post-traumatic stress disorder.
For example, a new law in New Hampshire reestablishes a commission to study the incidence of PTSD among first responders and requires first responders, law enforcement, firefighters, emergency medical services, and corrections personnel to receive mental health training. I am trying to make it possible.
In Florida, a new law extends workers’ compensation benefits for PTSD to prison officers under certain circumstances.
4) Cannabis
Marijuana is still illegal at the federal level, but states continue to legalize it in various ways through legislation and ballot measures. increase.
So far this year, two states, Rhode Island and Maryland, have passed laws legalizing recreational use of marijuana.
However, Maryland law requires voter approval of a state constitutional amendment before recreational marijuana can be legalized in the state.
Mississippi has enacted laws legalizing the medical use of marijuana, and workers’ compensation companies are not required to reimburse medical marijuana for workers’ compensation.
Rhode Island and South Dakota also enacted laws this year that do not require refunds.
New Jersey and New York are considering proposals to request worker coverage for medical marijuana treatment under certain circumstances.
5) Single Payer Health
The idea of a single-payer health care plan has been debated at both the state and federal levels for years.
To date, no state has fully implemented such an approach, but several jurisdictions are studying the issue.
Carthy said the bill, which includes a reference to workers’ compensation, was of particular interest.
In most states that mention workers’ compensation, the law usually requires the board of directors of the new state’s single payer health care programs to list medical items and services currently covered under the workers’ compensation system. contains similar language directing the development of proposals for the coverage of and how to continue to fund medical services that are currently covered by workers’ compensation schemes, and whether and how to incorporate elements of experience assessment.
Four states—California, Kansas, New York, and Rhode Island—have or are considering proposing single-payer health insurance with workers’ compensation.
6) Independent Contractor/Gig Economy
The state continues to debate legislative proposals that would provide criteria for determining whether a worker is classified as a company employee or as an independent contractor.
This year, two states considered legislation to establish tests to determine worker status, similar to California’s three-part test, also known as the ABC test.
In Rhode Island, a bill had been proposed to create a three-part test to determine whether a worker is an employee or an independent contractor, similar to California’s ABC test. The bill was held in a Senate committee.
Vermont also considered a multi-pronged test to determine whether a worker is an employee or an independent contractor, but the bill did not advance this session.
Three states have enacted laws related to the gig economy.
For example, Alabama’s new law exempts certain marketplace contractors (gig workers) who work for marketplace platforms such as Uber, Grubhub and Shipt from the definition of employment and considers them independent contractors.
Regional information
The report also focuses on issues of legislative activity and trends in four zones: Midwest, Northeast, Southeast and West.
Kersey says two interactive elements are useful for users who want to customize the information they seek.
One interactive feature provides a country-wide view of workers’ compensation legislation enacted in 2022, sorted by state, zone, and topic of interest.
Another interactive feature is the Loss Cost/Rate Filing Interactive Dashboard that allows users to navigate through submitted and approved loss cost/rate information based on the 2021-2022 filing season.
at the top of each dashboard[Show Me How]Buttons display detailed information about dashboard operations.
Kersey said the interactive features will allow users to “customize their experience and interact with worker compensation information in new ways.” &
