The continued impacts of COVID-19, hashish legalization and medical price containment are among the many key regulatory and legislative points that states throughout the nation are grappling with, in response to NCCI.
The continued impacts of COVID-19 within the office, hashish legalization and medical price containment are a number of of the highest points that states throughout the nation are grappling with, in response to a report that follows compensation-related legislative exercise.
That is the tenth yr the Regulatory and Legislative Traits Report has been compiled by the Nationwide Council on Compensation Insurance coverage (NCCI).
The 2022 report highlights staff’ compensation-related legislative exercise and trending points all through the nation.
By the Numbers
As of July 31, the report tracked 844 state and federal payments, together with 447 payments in states the place NCCI gives ratemaking providers.
Thus far, 98 payments had been enacted.
As well as, NCCI monitored 243 proposed staff’ compensation-related rules. As of July 31, 95 of these proposed rules had been adopted.
“As in prior years, medical price containment was the highest theme of the rules adopted, together with medical charge schedules and remedy tips, whereas a number of of the adopted rules addressed claims reporting necessities, surcharges, and evaluation,” mentioned Laura Kersey, government director, regulatory & legislative evaluation For NCCI.
1) COVID-19
NCCI adopted greater than 118 payments associated to COVID-19 and insurance coverage this yr.
Laura Kersey, government director, regulatory & legislative evaluation, NCCI.
“This yr we continued to see states centered on COVID-19 laws, together with COVID-19 staff’ compensation presumptions,” Kersey mentioned.
The report discovered that in 2020 and 2021, 18 states established COVID-19 presumptions via laws, directives, and/or emergency guidelines.
Usually, these are presumptions that an worker’s publicity to, or contraction of, COVID-19 is work-related or is a compensable harm or illness.
Most of those presumptions contained expiration dates or sundown provisions tied to the top of the state of emergency or one other specified date.
The report famous that a number of states proposed laws this yr to increase the expiration dates for COVID-19 staff’ compensation presumptions, whereas some states thought of laws to determine new COVID-19 presumptions.
As well as, a number of states thought of laws to determine a broader infectious illness staff’ compensation presumption that might be relevant past the COVID-19 pandemic.
2) COVID-19 Vaccines
A brand new development rising in 2021 and the start of 2022 concerned staff’ compensation and COVID-19 vaccinations.
A number of states proposed laws that might both set up a staff’ compensation presumption for an worker’s hostile results from an employer-mandated COVID-19 vaccination or would specify that accidents from required COVID-19 vaccinations needs to be compensable underneath the employees’ compensation regulation.
As well as, a number of states proposed laws that might create a non-public proper of motion towards an employer for sure accidents or loss of life ensuing from an employer-mandated COVID-19 vaccination.
Whereas the problem of staff’ compensation and COVID-19 vaccinations deserves watching, it didn’t achieve momentum throughout the legislative season and to this point not one of the payments have been enacted, Kersey mentioned.
3) Psychological Well being
One other sizzling subject cited within the report is psychological well being.
“Staff’ compensation for office associated psychological accidents continued to be a key subject this yr, together with laws addressing post-traumatic stress dysfunction,” Kersey mentioned.
Of the 61 payments NCCI monitored concerning staff’ compensation and psychological well being, 46 of the payments had been associated to post-traumatic stress dysfunction.
A brand new regulation in New Hampshire, as an illustration, reestablishes a fee to check incidence of PTSD in first responders and ensures that psychological well being coaching is on the market for first responders, regulation enforcement, fireplace service, emergency medical service and corrections personnel.
In Florida, a brand new regulation extends staff’ compensation advantages for PTSD to correctional officers underneath sure circumstances.
4) Hashish
Whereas marijuana remains to be unlawful on the federal stage, states proceed to legalize it in numerous types via laws and poll measures. States additionally proceed to debate points round reimbursement for medical marijuana in staff’ compensation.
Thus far this yr, two states — Rhode Island and Maryland — have handed laws to legalize the leisure use of marijuana.
Nevertheless, the Maryland laws requires voter approval of a state constitutional modification earlier than leisure marijuana shall be authorized within the state.
Mississippi enacted laws legalizing the medical use of marijuana, which additionally offered that staff’ compensation insurers usually are not required to reimburse for medical marijuana as a staff compensation remedy.
Rhode Island and South Dakota additionally enacted laws this yr stating that reimbursement just isn’t required.
New Jersey and New York are contemplating proposals that require staff’ compensation protection for medical marijuana remedy underneath sure circumstances.
5) Single-Payer Well being
The thought of a single-payer medical insurance system has been mentioned at each the state and federal ranges for years.
Thus far, no state has absolutely carried out such an strategy, however a number of jurisdictions, are learning the problem.
Kersey mentioned payments that embody a reference to staff’ compensation are of explicit curiosity.
In most states that reference staff’ compensation, the laws typically comprises related language directing a board of the brand new state single-payer healthcare program to develop a proposal for protection of well being care objects and providers presently coated underneath the employees’ compensation system, together with whether or not and find out how to proceed funding for these well being care providers presently coated by the employees’ compensation system and whether or not and find out how to incorporate a component of expertise ranking.
4 states, California, Kansas, New York and Rhode Island, thought of or are contemplating single-payer medical insurance proposals with a staff’ compensation element.
6) Unbiased Contractors/The Gig Financial system
States proceed to debate legislative proposals that present standards for figuring out whether or not a employee is assessed as an worker of an organization or as an unbiased contractor.
This yr, two states thought of laws to determine a take a look at for figuring out employee standing, just like California’s three-part take a look at, also referred to as the ABC take a look at.
In Rhode Island, proposed laws would have created a three-part take a look at to find out whether or not a employee is an worker or an unbiased contractor, just like California’s ABC take a look at. The invoice was held in Senate committee.
Vermont additionally thought of a multi-prong take a look at for figuring out whether or not a employee is an worker or an unbiased contractor, however the invoice didn’t advance this session.
Three states enacted laws associated to the gig financial system.
In Alabama, as an illustration, a brand new regulation excludes sure market contractors (gig staff) who work for market platforms corresponding to Uber, Grubhub, Shipt and others from the definition of employment and considers them unbiased contractors.
Info By Area
The report additionally highlights legislative exercise and trending points in 4 zones — the Midwest, the Northeast, Southeast and West.
Kersey mentioned two interactive components are useful for customers who need to tailor the knowledge they search.
One interactive characteristic allows a national view of staff’ compensation laws enacted in 2022 that may be sorted by state, zone and subject of curiosity.
One other interactive characteristic is the Loss Value/Fee Submitting Interactive Dashboard that permits customers to navigate filed and authorized loss price/fee info primarily based on the 2021-2022 submitting season.
A “Present Me How” button on the prime of every dashboard gives extra details about interacting with the dashboards.
Kersey mentioned the interactive options permit customers to “customise their expertise and work together with staff compensation info in new methods.” &
