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MONTANA SELF INSURERS' ASSOCIATION

LEGISLATIVE UPDATES WEEK 5

“No one pretends that democracy is perfect or all-wise. Indeed, it has been said that democracy is the worst form of government except all those other forms that have been tried from time to time.” - Winston Churchill 1947

  • HB 297 – Guaranteed Coverage for Nurses Who Contract COVID Hearing on Thursday 2/11
  • SB 65 – Limited COVID Liability Goes to the Governor
  • LC 1345 – Repeal Choice of Physician Language Released

I will not share the specific rumors I have heard, but the biggest workers’ compensation issue for this session may have to do with how MSF operates, rather than benefits, eligibility or costs of the workers’ compensation system. The good news from that is that the Montana system is working pretty well. However, the session is far from over. 

HB 297 / LC 2451 (Rep Caferro D-Helena) – The LC was the subject of a special email last week to the MSIA health care list. The bill provides guaranteed coverage (not a presumption of coverage) for nurses should they contract COVID-19. The language also prohibits costs of those claims from being used in the experience modification rating system. MSIA will vigorously oppose this bill. 

SB 65 (S. Fitzgerald R-Great Falls) - this bill provides limited COVID-19 Liability Protection. The bill passed the House this week and the Senate concurred in the sponsor approved amendments. The bill passed largely along party lines and is now to be sent to the Governor for his decision. This bill is part of Governor Gianforte’s requirements for easing the current COVID restrictions and he has said he will sign the bill.  MSIA testified in writing in support of the bill. The bill will be effective upon enactment. 

SB 118 (Gauthier R-Helena) –False statements to employers. This is the KRMC bill providing that benefits be eliminated if the injury is the result of false information provided and relied on for hiring regarding disabilities. The initial hearing for this bill saw lots of business support and testimony from MSF (as an informational witness) that the bill likely would withstand an exclusive remedy challenge. Opposition has been from trial lawyers. The bill is scheduled for its’ first full Senate consideration today (Friday 2/5). 

HB 283 (F. Anderson R-Great Falls) – this bill would clarify that unpaid student interns are to be covered by the business to which they are assigned. As originally drafted, the bill covered elementary (which applies to Jr. High School or Middle School students) secondary and postsecondary students. MSIA has worked with the sponsor and those who are interested in seeing this change go into effect and has addressed the issue of increased costs for businesses that support unpaid postsecondary internships as part of graduation and professional licensing requirements (mostly nurses and medical students) with amendatory language. HB 282 also sponsored by Representative Anderson, is a companion bill and creates “student employees.” The bill is set for hearing in the House Business and Labor Committee on Tuesday 2/9 starting at 8:30a. MSIA can support the bill with the amendments and is learning more about the intercession of the two bills.  

LC 1345 (A. Olsen D – Missoula) – this draft language would roll back the choice of physician change made as part of the 2011 reforms (HB 334-2011). At the time, NCCI assigned a more than 8% decrease in overall system cost to the change. The system has seen no overall average cost increases since 2011 and we have been steadily reducing the average time away from work as the result of workers’ compensation injuries. Trial lawyers and labor have tried unsuccessfully every session since 2011 to repeal that language. This is the 2021 attempt. NCCI has since decided they cannot appropriately assign a cost increase to this proposal because they now have conflicting studies on the impact. MSIA will vigorously oppose this language. 

HB 198 (D. Harvey D-Butte) As amended in committee and then passed this week with unanimous support, this bill raises the death burial benefit to a maximum of $10,000 from the current $4000. The amendment eliminated the 5 year Departmental review and adjustment in the amount, based on inflation. The bill now heads to the House floor. MSIA testified in favor of the change identifying our current level is relatively low in comparison to other states and the increase will put Montana with 20 other states at that level or higher. 

HB 199 – LMAC – Joint Petitions (D. Harvey D-Butte). The bill passed unanimously by the full House this week. It has been assigned to the Senate Business, Labor and Economic Affairs Committee. This is the LMAC bill which also includes permission to the Department of Labor and Industry in their material to injured workers to provide information about additional, non-statutory benefits provided by non-profits. This provides the opportunity to Kids Chance Montana provide information regarding how they can help kids of severely injured or killed parents at work MSIA, other businesses and associations, labor, insurers, and others supported the bill. 

HB 118 – (Ricci R-Laurel) this bill would have changed some of the administrative laws related to MSF. The bill has been pulled from consideration by the sponsor. This bill would have relieved MSF from being involved with the state’s IT program and would have provided more freedom to them regarding the state’s procurement system. The bill was pulled by the sponsor because the Governors’ office has shared they did not want it to be enacted. 

Here is the list of bills I am tracking on our behalf - http://laws.leg.mt.gov/legprd/law_utilities.CallBillSearchResults?P_ENTY_ID_SEQ2=20014&P_PFLT_APPL_SEQ=1&P_SESS=20211. “LC” numbers mean a bill has been requested, but not yet introduced. The Adobe pdf icon indicates there is language available for review by the public. If you click on the underlined bill or LC number you will be able to see amendments or fiscal notes and status of the bill or draft. 

Here are some highlights from the list for this week: 

LC 22 – Prosthetic Definition (Ellsworth R-Hamilton). MSIA is helping to shepherd language which will provide in statute the current case law language that a prosthetic is “an artificial substitute for a missing body part.”  This was subject to a proposed rule from the Department of Labor and Industry last year, which defined prosthetic more broadly including assistive devices. That proposed rule was stopped by the Economic Affairs Interim Committee because they saw it as providing a definition, which they considered in the purview of the legislature, not the administrative body charged with implementation of laws. 

LC 1589 – Subrogation (Noland R-Big Fork). Dead – see MSIA Legislative Week 4 report. I have kept this on the list because that LC number could be used for another draft. Just because our effort is over, does not mean the LC number is no longer valid for other language amending the workers’ compensation law. 

LC 2208 – Exclusive Remedy (Trebas R-Great Falls). Dead – see MSIA Legislative Week 4 report. 

MONTANA SELF INSURERS' ASSOCIATION

LEGISLATIVE UPDATES WEEK 4

  • Mike Marsh, MSIA Secretary/Treasurer Nominated to MSF Board
  • Bureau of Business and Economic Research Annual Montana Economic Outlook Seminar – Starts Monday
  • Limited COVID Liability (SB 65) Passes House Committee
  • False Statements Bill (SB 118) Passes Senate Committee
  • MSIA Drops WC Subrogation Effort (LC 1589)
  • Exclusive Remedy Weakening Bill Not Introduced (LC 2208)
  • Mandatory Nurse COVID Coverage Floated (LC 2451)

Mike Marsh, MSIA Secretary/Treasurer Nominated to MSF Board

MSIA Board member and Secretary/Treasuer Mike Marsh of Midland Claims Services has been appointed by Governor Gianforte to serve on the Montana State Fund Board of Directors. Due to term limits and two resignations from the Board, Governor Gianforte has appointed a total of five people to the seven member board. Re-appointed was Matt Mohr, a Bozeman firefighter and Big Sky Ski Patroller. New appointments include John Maximus (sp?), former owner of Exec Air, Richard Miltenberger, President of the Montana Health Co-Op and Karen Fagg a retired VP at DOWL HKM Engineering. The nominations will have to be approved through a Senate hearing and on the Senate floor. 

Bureau of Business and Economic Research Annual Montana Economic Outlook Seminar – Starts Monday

The Bureau of Business and Economic Research at the University of Montana annually hosts an Economic Outlook Seminar reviewing the macro economic trends impacting Montana and the impacts specifically for our industries – housing, tourism, agriculture, wood products and health care. In a typical year, the seminars are a good place to learn more about how the Montana economy is performing, what the outlook going forward looks like and an opportunity to get together with business leaders in your community.  

The seminars are typically run around the state, including the major cities as well as central and eastern Montana. This year is anything but typical and the seminar will be on-line, starting Monday, 2/1 at 9:00a. On Tuesday, they will host the usual local outlook from the local Chambers of Commerce. This year featured speakers include a Harvard University Professor of Economics, Edward Glaesser and Neel Kashkari, President of the Federal Reserve Bank of Minneapolis. Other speakers include Seth Bodnar, President of the University of Montana, Dr. Patrick Barkey, Director of the BBER, Bob Rowe, President and CEO of NorthWestern Energy and Sarah Walsh, COO for Payne West Insurance. Review the agenda, speakers and more information at EOS 2021 - Montana's Economic Outlook Seminar.

Legislative Week 4

On the technical side of things, legislative leadership has moved the transmittal date to March 4, is not planning any Saturday legislative meetings until after that and has moved the targeted end date to May 1. Transmittal day is important as any bill that has not moved from its’ originating chamber by that day is dead. Transmittal day had been February 27.  

More bills are being introduced, hearings have started in earnest and Governor Gianforte provided his State of the State speech to a joint session of the legislature last night. The speech was a call to arms to re-invigorate the Montana economy, with tax cuts, attention to teacher salaries, social programs, service from the State’s bureaucracy and to expand mental and drug treatment programs. The Governor is clearly focused on implementing the Republican agenda and in trying to bring additional business to the state. Workers’ compensation, at least based on the bills introduced and the Governor’s speech is not a high priority in rebuilding the state’s economy. With the system results as they are, continued rate decreases, continued decreases in the number of claims and faster return to work results, the workers’ compensation is largely working as intended.  

LC 2208 (Trebas R-Great Falls) I had sent out a notice to members about this language which would have gutted the exclusive remedy embedded in our system. We got word earlier in the week that this language will NOT be introduced.  

LC 2451 (Rep Caferro D-Helena) is new this week. The current language provides guaranteed coverage (not a presumption of coverage) for nurses should they contract COVID-19. The language also prohibits costs of those claims from being used in the experience modification rating system. MSIA will oppose this bill. 

SB 118 (Gauthier R-Helena) –False statements to employers. This is the KRMC bill providing that benefits be eliminated if the injury is the result of false information provided and relied on for hiring regarding disabilities. The initial hearing for this bill brought out lots of business support and testimony from MSF that the bill likely would withstand an exclusive remedy challenge in their statement as an informational witness (neither for nor against the bill). Opposition included two trial lawyers who both characterized themselves as small business owners. The bill passed Senate Business, Labor and Economic Affairs Committee on a 7 -4 party line vote with all Republicans in favor and all Democrats voting against. It will be brought up on the Senate floor for consideration.  

SB 65 – Limited COVID-19 Liability Protection (S. Fitzgerald R-Great Falls). Having passed the Senate Committee and the full Senate, the bill had its’ hearing in the House Business and Labor Committee late last week. MSIA testified in writing and MSIA members MECA and MHA provided live testimony in support. The bill passed the HBL Committee 12 -8, this week. The vote was largely along party lines. This bill is part of Governor Gianforte’s requirements for easing the current COVID restrictions. If passed he is expected to sign the bill.  

LC 1589 (Noland R-Big Fork). MSIA has decided to stop trying to enact new workers’ compensation subrogation language. After lots (and lots) of discussion with attorneys and others we’ve come to the conclusion that there is no language short of a constitutional amendment that will fly with the Supreme Court on workers’ compensation subrogation. We’ve had that concern from the start, but hoped we could come up with something that could work. That does not appear to be the case. As much as it is important to individual employer’s we do not want to ask the legislature to put their work into an effort that the Courts cannot accept. I am not ready, at this time, to recommend we take on a constitutional amendment effort. As disappointing as this is, it is better to know this now, than later. 

Here are the bills I am tracking on our behalf - http://laws.leg.mt.gov/legprd/law_utilities.CallBillSearchResults?P_ENTY_ID_SEQ2=20014&P_PFLT_APPL_SEQ=1&P_SESS=20211. “LC” numbers mean a bill has been requested, but not yet introduced. The Adobe pdf icon indicates there is language available for review by the public. If you click on the underlined bill or LC number you will be able to see amendments or fiscal notes and status of the bill or draft. 

Here are some highlights from the list for this week: 

LC 22 – Prosthetic Definition (Ellsworth R-Hamilton). MSIA is helping to shepherd language which will provide in statute the current case law language that a prosthetic is “an artificial substitute for a missing body part.”  This was subject to a proposed rule from the Department of Labor and Industry last year, which defined prosthetic more broadly including assistive devices. That proposed rule was stopped by the Economic Affairs Interim Committee because they saw it as providing a definition, which they considered in the purview of the legislature, not the administrative body charged with implementation of laws. 

HB 199 – LMAC – Joint Petitions (D. Harvey D-Butte). This is the LMAC bill which also includes permission to the Department of Labor and Industry in their material to injured workers to provide information about additional, non-statutory benefits provided by non-profits. This provides the opportunity to Kids Chance Montana provide information regarding how they can help kids of severely injured or killed parents at work. The initial hearing for this bill saw no opposition and support from MSIA, other businesses and associations, labor, insurers, and others. The bill passed the House Business and Labor Committee with a 20 -0 vote. It now moves to the House floor for consideration where it is expected to pass. 

HB 198 - (D. Harvey D-Butte) This bill raises the death burial benefit to a maximum of $10,000 from the current $4000 and provide an adjustment based on inflation every five years. The initial hearing saw similar support as HB 199 and in questions put by the committee they pondered the benefits of just providing a flat $10,000 benefit instead of the actual cost of the burial service up to $10,000. MSIA members MCCF and MMIA opposed the five year inflationary increase rulemaking authority granted to the Department of Labor and an amendment to eliminate that part of the proposal has been drafted. MSIA testified in favor of the change identifying our current level is relatively low in comparison to other states and the increase will put Montana with 20 other states at that level or higher. The bill awaits further action in Committee.

LC 1028 – WC Coverage for Student Intern Volunteers (F. Anderson R-Great Falls). The draft provides that business partners of a school-based student intern volunteer program provide coverage for those volunteers. In requiring coverage, the language will increase costs to employers and provide that business partners have exposure they may not currently have.  

LC 1589 – Subrogation (Noland R-Big Fork). Dead – see above. 

LC 2208 – Exclusive Remedy (Trebas R-Great Falls). Dead – see above. 

MONTANA SELF INSURERS' ASSOCIATION

LEGISLATIVE UPDATES WEEK 3

  • COVID Limited Liability bill passes Senate has House Committee hearing (SB 65)
  • LMAC Bill Introduced – Hearing date set (HB 199)
  • Death Benefit Increase bill introduced – Hearing date set (HB 198)
  • Exclusive Remedy bill draft released – Subject of MSIA email notice (LC 2208)
  • Student Volunteer Coverage Requirement bill draft released (LC 1028)

More and more bills have language drafted and are being introduced. Not all drafts get introduced – there is nothing that requires a requester to have a draft produced nor to introduce language as a bill.  

Here are the bills I am tracking on our behalf - http://laws.leg.mt.gov/legprd/law_utilities.CallBillSearchResults?P_ENTY_ID_SEQ2=20014&P_PFLT_APPL_SEQ=1&P_SESS=20211. “LC” numbers mean a bill has been requested, but not yet introduced. The Adobe pdf icon indicates there is language available for review by the public. If you click on the underlined bill or LC number you will be able to see amendments or fiscal notes and status of the bill or draft.  

Here are some of the highlights:

SB 118 (Gauthier R-Helena) – False statements to employers. This is the KRMC bill providing that benefits be eliminated if the injury is the result of false information provided and relied on for hiring regarding disabilities. There is some concern that by banning benefits in these situations the employer may not have the exclusive remedy protections. The bill is set for hearing on Tuesday, 1/26 in front of the Senate Business, Labor and Economic Affairs Committee at 9:00a.

LC 1589 – Subrogation (Noland R-Big Fork). This is our subrogation bill. MSIA member Oliver Goe of the Browning, Kaleczyc law firm is reviewing and recommending language which may be able to pass constitutional review. The bill draft has not yet been completed. 

LC 22 or 23 – Prosthetic Definition (Ellsworth R-Hamilton). MSIA is helping to shepherd language which will provide in statute the current case law language that a prosthetic is “an artificial substitute for a missing body part.”  This was subject to a proposed rule from the Department of Labor and Industry last year, which defined prosthetic more broadly including assistive devices. That proposed rule was stopped by the Economic Affairs Interim Committee because they saw it as providing a definition, which they considered in the purview of the legislature, not the administrative body charged with implementation of laws. 

HB 199 – LMAC – Joint Petitions (D. Harvey D-Butte). This is the LMAC bill which also includes permission to the Department of Labor and Industry in their material to injured workers to provide information about additional, non-statutory benefits provided by non-profits. This provides the opportunity to Kids Chance Montana provide information regarding how they can help kids of severely injured or killed parents at work. The House Business and Labor Committee has scheduled a hearing on this bill for Wednesday, 1/27 starting at 8:30.

HB 198 - (D. Harvey D-Butte) This bill raises the death burial benefit to a maximum of $10,000 from the current $4000 and provide an adjustment based on inflation every five years. The current level is relatively low in comparison to other states and the increase will put Montana with 20 other states at that level or higher. The House Business and Labor Committee has scheduled a hearing on this bill for Wednesday, 1/27 starting at 8:30.

LC 1028 – WC Coverage for Student Intern Volunteers (F. Anderson R-Great Falls). The draft provides that business partners of a school-based student intern volunteer program provide coverage for those volunteers. In requiring coverage, the language will increase costs to employers and provide that business partners have exposure they may not currently have.  

LC 2208 – Exclusive Remedy (Trebas R-Great Falls). The draft reduces the standard for tort actions within WC to willfully negligent in addition to intentional and deliberate acts. MSIA will oppose this language should it be introduced. 

SB 65 – Limited COVID-19 Liability Protection (S. Fitzgerald R-Great Falls). This bill passed the Senate on Monday 1/18 with bi-partisan support and provides an affirmative defense to those businesses, health care providers, non-profits and others if they follow COVID protection guidelines from health officials. The bill is part of Governor Gianforte’s requirements for easing the current COVID restrictions. If passed he is expected to sign the bill. The bill was subject of a lengthy hearing in the House Business and Labor Committee on Friday 1/22 with MSIA members MECA and MHA, as well as MSIA (in writing) providing supporting testimony. Proponents included business organizations and the insurance industry. Opponents included individuals who were generally concerned that in requiring businesses to follow health guidelines their freedoms to take personal responsibility were being eroded and the Montana Trial Lawyers Association who are generally opposed to liability limitations.  

Montana Self Insurers' Association

Legislative Updates Week 2

  • Governor’s Cabinet
  • Limited COVID Liability Protections Passes Committee - SB 65 (S. Fitzgerald)
  • MSIA Bill Watch List

Governor’s Cabinet

Below is a list of the appointees Governor Greg Gianforte has made for his cabinet that are important to MSIA members. Cabinet appointees must be approved by the Senate, but at this time there is no concern in the Republican controlled legislature not approving everyone appointed so far. 

Dept of Labor & Industry - Laurie Esau former Chief of Staff for MN Congressman Erik Paulsen and Deputy Commissioner for the MN Department of Commerce. 

DPPHS - No appointment yet.

Dept of Transportation - Malcom “Mack” Long prior manager of JTL Group, a Billings based construction company and former owner of an oil field services business. 

Dept of Natural Resources and Conservation - Amanda Kaster former aide to Rep and Interior Secretary Ryan  Zinke and has experience in timber management, oil and gas production and grazing programs for the US Bureau of Land Management.

Dept of Agriculture - Mike Foster a former Montana legislator, veteran of Governor Judy Martz’ administration, former hospital lobbyist and USDA Farm Services Agency State Executive Director

Dept of Environmental Quality - Chris Dorrington who has worked for DEQ since 2016 and previously was with the Dept of Transportation. 

Director of Commerce - Scott Osterman former senior director of busines unit operations at Applied Materials (Kalispell).

Limited COVID Liability Protections Passes Committee – SB 65 (S. Fitzgerald)

This week the promised amendments to SB 65 were released providing a more specific affirmative defense, broadening the application for health care providers and providing other technical changes. All in all, in our opinion, the changes improve the legislation. The bill passed the Senate Business, Labor and Economic Affairs Committee today with an 8-3 vote, with all the Republicans voting in favor and Senator Mark Sweeny (D-Deer Lodge) also on board. The bill is also a centerpiece for Governor Gianforte’s COVID pandemic response and emergency order. The Governor stated he expects to loosen the emergency orders once more vaccines are available and there is some liability protection for business and health care providers if they reasonably apply health department recommendations. A copy of the bill, with the amendatory language is attached. The bill is now slated for the first Senate floor vote on Monday, 1/18. It takes two floor votes to move legislation to the next chamber. 

MSIA Bills Watch List

Also attached is our updated list of bills to watch. As reported last week, not all requested bills (bills with LC #’s) will be drafted or introduced. 

LC 1589 will be the MSIA bill to change the WC subrogation law to be sponsored by Rep. M Noland (R-Big Fork), Chair of the House Business and Labor Committee. A first draft of the language has been provided to us and is under legal review to confirm it achieves what we want it to do. 

LC 481 is the MSIA supported bill to limit benefits to someone who knowingly and willingly provides false information on a written form regarding their physical limitations, that information is relied on by the employer in the hiring process and those limitations impact the applicants ability to perform the function of their job. This bill was requested by Senate President Pro Tem Mark Blasdel (R-Kalispell).

LC 2928 is expected to be the LMAC approved change to eliminate the requirement to provide detailed medical information when both sides agree benefits should continue after five years. This bill is expected to be sponsored by Rep Derek Harvey (D-Butte).   

LC 1345 requested by Rep Andrea Olsen (D-Missoula) is expected to change the current choice of physician law back to pre-2011 language. MSIA will oppose this proposal should it reach Committee hearing.

LC 1350 also requested by Rep Olsen (D-Missoula) is titled “Establish presumption in workers compensation for COVID-19. About 18 other states have enacted or by Governor Emergency Order have established such presumptions in their workers’ compensation systems. With the start of their legislative sessions, AK, MN, OR, NY and VT are considering proposals to provide statutory presumptions for COVID. MSIA will oppose this proposal should it reach Committee hearing. Mark Walls, in his Out Front Ideas presentation earlier this week (see above), stated, “Workers compensation was designed to cover risk particular to the employment; it was not designed to cover a global pandemic impacting millions of people around the world. But here we are. Politicians were looking for a way to cover the cost of COVID and workers' compensation was an easy target. There will likely be more of these laws passed in 2021.”

HB 43 (R. Knudsen, R-Culbertson) broadens the application of telemedicine. It is not clear the potential impact this bill will have on workers’ compensation as yet. Telemedicine is still not used much in Montana, in comparison to other states. With the COVID pandemic, telemedicine use both in workers’ compensation and general health has literally sky-rocketed in other states. 

You will note there are a lot of bills titled “Generally Revise Workers’ Compensation Law,” or “Generally Revise Labor Law.” Until language is finalized, unless the sponsor desires the title to identify the purpose, most drafts start that way. Until the sponsor allows a draft to be released, we may not know what the idea is and rumors can be all over the place – some may have a semblance of truth, some do not. Until draft language is approved, the draft number (LC) remains. A drafting request – that is an LC bill does not have to be completed. 

If there is a bill you would like us to pay attention to or consider supporting or opposing, please contact me directly. 

NOTE THE NEW EMAIL ADDRESS! 


MONTANA SELF INSURERS' ASSOCIATION

Legislative Updates Week 1

The legislature convened Monday, January 4. The first course of action was the inauguration of Governor Greg Gianforte and the seating of members. 

As this is the first Legislative Update, it may be a bit more wordy than later editions, to explain a bit about the process. It is my intent to provide an Update at least every two weeks, if not weekly, as the session goes on. 

Final rules were approved which provide for the tradition of every bill being heard in Committee, if the sponsor wants a hearing. There had been some discussion to allow Committee Chairs to determine which bills would be heard but that proposal ultimately did not get anywhere. As well, the House permitted remote testimony and this week the Senate did the same. This allows Montanans more access to the legislative process and their legislators than ever before. While providing remote testimony has to be planned in advance it does permit input from outside the building. 

Masks and physical distancing are highly encouraged, but not required. The first legislator with an active COVID case has been identified this week as well. Rep David Bedey (R-Hamilton) allowed his name to be shared publicly. He is reported to be asymptomatic and is said to have been exposed outside the legislative process and before session began. Regardless, he was in the capitol up until Thursday morning, when his positive test report was provided. He has since left the capitol complex and is participating remotely. 

The first week of any legislative session is largely ceremonial and procedural. Montana is somewhat different in that our legislature actually starts to work on bills during the first week. While the Committees we are interested in, mostly House Business and Labor (HBL) and the Senate Business, Labor and Economic Affairs (SBLE), both heard introductions from staff of the Department of Labor, Employment Relations Division and the Montana State Fund. They both started hearings on bills as well. 

SB 65 (Fitzgerald) COVID Liability Protection - The only bill of interest to MSIA set for hearing this week was SB 65, sponsored by the SBLE Chair, Steve Fitzpatrick (R- Great Falls). The bill would provide limited protections to business and health care providers for following health guidelines in protecting their clients and customers from COVID illness liabilities. It is based on Iowa law passed and signed last year, which is seen as something of a model across the country. Some 30 states have provided similar liability protections either through Executive Order or statutory change to reflect what’s going on with the COVID pandemic. 

SB 65 provides an affirmative defense to businesses and health care providers against client or customer COVID claims and increases the standard for liability to gross negligence and willful and wanton conduct. The sponsor has already agreed to technical amendments which should make it more clear as to how and when that affirmative defense applies. 

MSIA did not testify but supports the legislation. MSIA members MT Electric Co-operative Association and MT Hospital Association testified in favor of the bill. It is also supported by a broad coalition of business and health care interests, the MT Chamber of Commerce, NFIB representing small business, MT Building Industry Association, MT Contractor’s Association, MT Medical Association, MT Mining Association, MT Retail Association, MT Restaurant Association, MT Beer and Wine Distributors, MT Bankers Association, MT Farm Bureau, MT Stockgrowers Association, MT Petroleum Association, American Heart Association, Helena and Billings Chambers of Commerce and others testified in support of the legislation. 

Opponents at the Committee hearing on Friday 1/8 were the MT Trial Lawyers Association (MTLA), Let Them Come Home, an organization representing incarcerated individuals including those at the Montana State Hospital at Warm Springs and an individual who was concerned that the bill would create the means for mandatory vaccinations. The MTLA testified the language is redundant to current law and there is not an explosion of litigation in the state, so there is no need for it. Let Them Come Home testified that the current language could provide greater protection to the State of Montana, who they felt have not done enough to protect those in prison or at the Hospital in Warm Springs. 

The bill is expected to be amended for clarifications and to pass the Committee.

MSIA Agenda - MSIA is pursuing a change to the WC subrogation law (expected to be sponsored by Rep. M Noland (R-Big Fork), supporting the limitation of benefits for misleading statement pre-hire regarding physical capabilities (LC 481) and the LMAC approved change to eliminate the requirement to provide detailed medical information when both sides agree benefits should continue after five years (LC 2928). 

Also attached is the current list of bills and drafts MSIA is currently following. You will note there are a lot of bills titled “Generally Revise Workers’ Compensation Law,” or “Labor Law.” Until language is finalized, unless the sponsor desires the title to identify the purpose, most drafts start that way. Once the sponsor allows a draft to be released, we may not know what the idea is. Bills on this list are there either because of the combination of sponsor and laws looking to be changed. Until draft language is approved, the draft number (LC) remains. A drafting request – that is an LC bill does not have to be completed. 

If there is a bill you would like us to pay attention to or consider supporting or opposing, please contact me directly. 

See you next week with another Update. 

NOTE THE NEW EMAIL ADDRESS!