know about this NCCI Releases Report on Workers’ Compensation Legislation
in complete details.
- Free from the control and direction of the contracting entity in relation to the execution of the work
- You perform work that is outside the normal course of business of the hiring entity.
- Is habitually engaged in an independently established trade, business occupation of the same nature as that involved in the work performed
Since the legislation was enacted, other states, including Rhode Island and Vermont, have introduced similar proposals.
Alabama, South Dakota and the state of Washington also enacted laws related to temporary workers, including drivers who work for Uber and Lyft, during the 2022 legislative session.
“The question of whether a gig worker, or any other worker, is an employee or an independent contractor is an important one,” Laura Kersey, NCCI executive director of regulatory and legislative analysis, said in the report. “For example, proposals that would make it more likely that a worker would be considered an employee generally benefit an injured worker who would be protected by the workers’ compensation system in the event of a workplace accident.”
Single Payer Health Insurance Proposals
“The idea of a single-payer health insurance system has been discussed at both the federal and state levels for years,” Kersey said in the report. “To date, no state has fully embraced such an approach; however, several jurisdictions are studying the issue.”
Kersey said several of these proposals refer to workers’ compensation.
“In most states that reference workers’ compensation, the legislation generally contains similar language directing the board of new state single-payer health care programs to develop a proposal for coverage of health care items and services. health care covered by the workers’ compensation system,” Kersey said. .
Those directives typically include whether and how to continue funding health care services under the workers’ compensation system and incorporate an experience qualification element, he said.
Kansas, Rhode Island, California, and New York are currently considering proposals for single-payer health insurance with a workers’ compensation component.
read next: What Could Trigger a Twist in the Workers’ Compensation Market?
marijuana legalization
While marijuana remains illegal at the federal level, more and more states have legalized it. This year, Rhode Island enacted legislation legalizing the recreational use of marijuana. Maryland passed legislation to amend the state constitution to legalize recreational use, allowing voters to decide the issue in the next election. Delaware, Missouri and New Hampshire have submitted proposals this year to legalize recreational marijuana. States also continue to legalize medical marijuana.
“States continue to grapple with the issue of medical marijuana reimbursement in workers’ compensation and are divided on whether to allow, require or prohibit reimbursement,” Kersey said.
This year, Mississippi, Rhode Island and South Dakota enacted laws stipulating that workers’ compensation insurers are not required to reimburse medical marijuana. Similar legislation was introduced in Kentucky, Maine, and Nebraska.
New Jersey and New York are considering legislation that requires workers’ compensation coverage for medical marijuana under certain circumstances.
State Supreme Courts in New Hampshire and New Jersey recently ruled that reimbursement is allowed, State Supreme Courts in Massachusetts and Minnesota ruled that reimbursement is not required. A case pending before the US Supreme Court addresses reimbursement for medical marijuana in workers’ compensation. The case is on appeal from two Minnesota Supreme Court decisions that held that reimbursement was not required.
