MONTANA SELF INSURERS' ASSOCIATION
3/26/21 - Legislative Week 12
- LMAC Bill HB 199 Becomes Law 3/25
- Physician Dispensing Bill SB 374
- Drug Test Refusal/Failure = No Benefits HB 655
- Prosthetics HB 446 Passes – On To Governor
- Telemedicine HB 43 House Concurs in Senate Amendments
- PBM Regulation SB 395 – Hearing Tues 3/30
- WCRI Virtual Annual Meeting – First Report
Legislative Action:
HB 199 (Harvey D-Butte) This is the LMAC agreed bill to limit the requirement of detailed medical records on claims where both sides agree to continue to medical benefits after 5 years. That section of the bill is effective immediately upon signature – which happened with the Governor’s signature yesterday, 3/25.
SB 374 (C. Smith R-Billings) – Physician Dispensing. The bill was heard in Senate Business, Labor and Economic Affairs Committee on Wednesday 3/24. The bill was supported by a number of physicians, the MT Medical Association and the MT Pharmacy Association. With the pharmacists supporting the legislation, there is little opportunity to stop the change from happening this time around. The only opponents were MSIA and MSF, both of whom had worked with Senator Smith to amend the bill. Senator Smith promised he would accept an amendment to exclude workers’ compensation from the provisions and recommend adoption of that language as a friendly amendment. The bill was amended as promised in Committee today, Friday 3/26, and now excludes workers’ compensation treatments from being eligible for physician dispensed drugs and the amended version passed Committee unanimously. The bill also continues to prohibit physicians from dispensing controlled substances (opioids).
HB 655 (Buttrey R-Great Falls) – Medical Marijuana. This bill, introduced late last week was heard in the House Business and Labor Committee on Wednesday 3/24. As it relates to workers’ compensation, if an employee fails or refuses to take a drug test after an accident, there is a presumption that the major contributing cause of the accident was the employee’s use of drugs not prescribed by a physician. In that situation the employee is not eligible for workers’ compensation benefits.
HB 446 – (Marshall R-Hamilton) – Define Prosthetics in Workers’ Compensation. MSIA worked with both the House sponsor and the Senate floor sponsor to make sure this bill passed without amendment. This bill passed the Senate this week and will be sent to the Governor’s office where he is expected to sign it.
HB 43 – (R. Knudsen R-Culbertson) – Telemedicine. This bill has also passed the Senate, with amendments and has been sent to the House for their concurrence in those changes. The changes serve to clean up language and clarify the intent within other laws and should not be a concern. The House concurred, unanimously, in the changes today, 3/26 on second reading. It will likely come up for a floor vote again tomorrow and is expected to pass and be sent on to the Governor. The Governor is expected to sign the bill.
SB 395 (Hertz R-Polson) – PBM Regulation. Senator Hertz was the Speaker of the House last session and is carrying this bill for the Commissioner of Securities and Insurance Troy Downing. The bill requires Pharmacy Benefit Managers to be regulated and provide annual reports to their clients as well as the Insurance Department. It is primarily aimed at health insurance, but specifically requires any PBM retained by the State Fund to be included and, in a concluding section, identifies that it also applies to workers’ compensation policies. In speaking with the CSI office, they want all PBMs in the state to be regulated. The only issue left for us is to keep self-insurers from having to do anything extra, and to make sure that workers’ compensation coverage, does not somehow within the law get defined as an aspect of health care coverage, both of which the CSI office has agreed to. The bill is set for hearing on Tuesday, 3/30 in the Senate Business, Labor and Economic Affairs Committee. MSIA will monitor the bill to confirm the changes agreed to are accepted by the sponsor.
HB 198 (Harvey D-Butte) This bill is in the process of being sent to the Governor, who is expected to sign the bill. The bill increases the burial benefit in the workers’ compensation system from the current maximum of $4000, which is relatively low in comparison to other states, to up to $10,000 which is where at least 20 other states are.
HB 283 (F. Anderson R-Great Falls) This bill is in the process of being sent to the Governor, who is expected to sign the bill. This bill clarifies how to address paid and unpaid interns within the workers’ compensation system. MSIA and individual members worked with the sponsor to create amendments to confirm the law will be limited to its’ intent, will not increase employers’ costs and will support internship programs as training for the next generation of our work force.
SB 367 (Morigeau D-Missoula) This bill changes the independent contractor law so that the Department of Labor cannot automatically assume that absent an Independent Contractors Exemption Certificate, the person is an employee. The bill was subject to clarifying amendments in the House Business and Labor Committee and passed as amended on Friday, 3/19. It now goes to the House floor for consideration.
WCRI 37th Annual Meeting 3/23 & 24:
The Workers’ Compensation Research Institute (WCRI) held their virtual Annual Meeting this past week. WCRI is a workers’ compensation “think tank” with membership from all strata of the workers compensation market – business, organized labor, attorneys, physicians, carriers, service providers and regulators – including some MSIA members – make up their membership. Their work is held to be objective and sound throughout the workers’ compensation systems in the US. While through a virtual meeting, I miss the opportunity to speak to the presenters and attendees, the material provided was up to the usual high standards for WCRI. I will be sharing some of what I learned from the Conference during the next few weeks. The results WCRI provided are preliminary and once the final reports come out I will report on them. I will also do what I can to secure the preliminary results presentations.
One of the first presentations was The Impact of COVID-19 and the Shutdown on Claims and the Delivery of Medical Care. Some of the results surprised me – there was no difference to speak of in the distribution of non-COVID claim types nor medical services sought. And, there was minimal differences in the length of time from injury to first medical treatment in 2020 in comparison to 2019.
WCRI reviewed claims from 27 states (MT does not belong to WCRI and therefore is not included in their data) and compared results from Q 1 and Q 2 of 2019 and 2020, as well as the potential impact on existing claims by comparing results from claims made in Q 3 and Q 4 of 2018 and 2019. As with almost everything else, there are substantial variations in the percentage of paid COVID claims across the states. Those states hardest hit early by the pandemic, notably CT, MA and NJ had more claims as a percentage of all claims, and had more lost time COVID claims. The differences were dramatic – for example, SC, KS and TX had about 1% of their total claims related to COVID, while CT, MA and NJ had up to 42% of total claims related to COVID. The median of states’ reviewed was 6% of total claims. Of course, some of the disparity was based on presumptions of coverage – one way or another, these three states all had COVID presumptions.
For lost time claims, the median of the states was 20% of claims were COVID related. Again CT, MA and NJ, lead the pack with 50 – 58% of all lost time claims related to COVID. SC, KS and TX had about 5% of all lost time claims related to COVID. Lost time claims were longer in duration in 2020 than they were in 2019.
The number of Non-COVID claims decreased and ranged from a 20 % reduction (KS) to a 50 % reduction (MA). Based on other information we’ve seen this is not particularly surprising. WCRI also contrasted the decrease in non-COVID claims with changes in employment levels. The total change in employment levels by state ranged from 7% to 20 % - significantly less that the total decrease in non-COVID claims. One of the things we know, and WCRI discussed this later in the meeting, is that the COVID 2020 recession hit different employments very differently – that helps explain some of the differences between the decrease in employment levels and decreases in claims.
In looking at the distribution of types of medical services provided, E & M, ER, PT and Surgeries, there was no change in distribution between the two years. While the total numbers were different, the distribution of medical services provided remained stable. For existing claims, there was a 3 point decrease for surgeries and a 4 point decrease in E & M services provided. I would have expected more. What was not answered, and cannot be answered based on data yet, is how much longer claim durations may be based on the shut-down. I will be looking for WCRI to start answering that question as the 2019/2020 data gets reported.
Here’s a “Wow” for me - there was no change in time of injury to first treatment or number of visits per claim. Based on anecdotal information and some CA information, I expected there to be more delays in getting initial treatment. Perhaps there is a more significant impact of telemedicine in these results than we may have thought.
Other sessions included:
- Off-Label Prescribing and the Effects of Opioid-Related Policies,
- Indemnity Benefits and Economic Conditions and
- A discussion of the Future of Work, COVID-19 and Worker Safety discussion with NIOSH Director, Dr. John Howard.
Got anything I should be paying attention to, or need me to know about? Please don’t hesitate to contact me.
MONTANA SELF INSURERS' ASSOCIATION
3/19/21 - Legislative Week 11
- Physician Dispensing Bill to be Amended
- MSIA Supported Bills Continue to Move Forward – Some to the Governor
Generally a quiet week on workers’ compensation issues. However, that doesn’t mean we didn’t have some fun.
SB 374 (C. Smith R-Billings) was introduced on Friday, and we learned about it on Monday. This bill provides for physician dispensing in Montana. We are one of only four or five states that severely limit physician dispensing of drugs. The Montana law dates back to 1947, so this is not a new idea for us.
Other states have found that as a result of physician dispensing, more drugs are prescribed in their workers’ compensation system, recoveries and claim durations are longer compared to claims without physician dispensed drugs, drug costs are higher and by dispensing directly, physicians typically do not use the utilization review tools provided through the Prescription Drug Monitoring Program (PDMP). A PDMP – and there is one in every state except Missouri – is a state-wide prescription database which provides the opportunity to if the drug has already been prescribed and filled, if there are other drugs prescribed that may create harmful interactions and has been an effective tool on limiting the abuse of opioids.
In short, physician dispensing in workers’ compensation is a cost driver and tends to lengthen recoveries without providing a demonstrable benefit for the injured workers. While we have our own issues in our workers’ compensation system, physician dispensing was not one of them. MSIA opposes the bill.
In talking with the Senate Majority Leader Smith, the bill was part of his efforts to limit the cost of medical care by making Direct Primary Care (DPC) providers specifically permitted in statute. These are providers who will only accept payment directly from their patients – they do not accept any kind of insurance coverage for payment. Sometimes, the DPC will require membership or a subscription and collect necessary fees for service that way. Regardless, their costs for services tend to be less than the traditional providers because they are eliminating that administrative overhead and contracts.
Senator Smith in his research to support that effort found we prohibit physician dispensing of drugs. His bill was an effort to help the DPC, and in so doing help control the cost of medical care. In speaking with him, he did not have any intention of impacting workers’ compensation nor creating a bigger issue.
He has agreed to amend the bill to prohibit dispensing as part of any workers’ compensation treatment. His bill also prohibits the dispensing of controlled substances (opioids). With that change, I do not think we continue to have a concern about the bill. Others may, but if workers’ compensation is excluded from permitted dispensing, and opioids are prohibited, I think the MSIA public policy concerns have been addressed.
Legislative Action - MSIA Supported Bills Continue to Move Forward
- SB 118 Becomes Law Effective 7/1
- HB 199 Sent To the Governor
- HB 283, 198 Next Stop at the Governor’s Desk
SB 118 (Gauthier R-Helena) This bill was signed by the Governor today. It becomes law on July 1 and provides that if an employee provides false information about their known physical disabilities and are injured as a result of that information, their benefits can be terminated or denied.
HB 199 (Harvey D-Butte) This bill too has passed the Senate and is now on the Governor’s desk. The Governor is expected to sign this bill as well. This is the LMAC agreed bill to limit the requirement of detailed medical records on claims where both sides agree to continue to medical benefits after 5 years. That section of the bill would go into effect immediately up on signature.
HB 198 (Harvey D-Butte) This bill has passed the Senate Thursday, 3/18, 46 – 4. The next stop is the Governors’ desk, where he is expected to sign it into law. The bill would increase the burial benefit in the workers’ compensation system from the current maximum of $4000, which is relatively low in comparison to other states to up to $10,000 which is where at least 20 other states are.
HB 283 (F. Anderson R-Great Falls) This bill has passed the Senate unanimously and will next go to the Governor. This bill clarifies how to address paid and unpaid interns within the workers’ compensation system. MSIA and individual members worked with the sponsor to create amendments to confirm the law will be limited to its’ intent, will not increase employers’ costs and will support internship programs as training for the next generation of our work force.
HB 446 (Marshall R-Hamilton) This bill codifies the current case law on prosthetics and prosthesis definitions within statute. MSIA testified as one of the primary sponsors of the bill at the Senate Business Labor and Economic Affairs Committee on Tuesday 3/16. The Senate sponsor, Bruce Gillespie (R-Ethridge) is ready to defend the bill on the Senate floor should there be any attempts to amend the bill. This bill is as a result of a proposed Department of Labor rule last year which would have expanded the definition, because it was not in statute. It is expected to pass.
HB 43 (R Knudsen R-Culbertson) This bill supports the expansion of telemedicine use in Montana. The bill has passed second reading, which is the step before ultimate decision, unanimously. That vote means it should pass the Senate without issue.
SB 367 (Morigeau D-Missoula) This bill changes the independent contractor law so that the Department of Labor cannot automatically assume that absent an Independent Contractors Exemption Certificate, the person is an employee. The bill was heard in the House Business and Labor Committee on Wednesday 3/17.
Got anything I should be paying attention to, or need me to know about? Please don’t hesitate to contact me.
MONTANA SELF INSURERS' ASSOCIATION
3/12/21 - Legislative Week 10 & March Update
To review prior Legislative Weekly reports, check out the Members Only Section of our website - Montana Self Insurers' Association (mtselfinsurers.org). (Contact me if you forgot your password)
- Legislative Action - MSIA Supported Bills Move On
- NCCI -14.6% Loss Cost Filing Approved - - MSF Will Request 10% Decrease in Rates
- NCCI Annual Issues Symposium 5/11 & 5/12 – Free Virtual Registration
- Scholarship Opportunities – Kids Chance of Montana and Montana Community Foundation
This was a relatively quiet week in the legislature for workers compensation issues. MSIA testified on both HB 198 which increases the burial benefit from $4000 to up to $10,0000, and HB 283 which clarifies the law regarding student interns workers’ compensation coverage. More detail is provided below.
With the defeat of choice of provider, COVID coverage and the MSF bills at the end of February, this session looks like it will be a relatively quiet year for workers’ compensation issues. I will continue to report every week as nothing is final until the legislature adjourns, and there are still plenty of opportunities for issues to arise, but the reports may become a little thinner on legislative information and will include more information that would normally be included in the monthly reports or Update Extras.
Legislative Action - MSIA Supported Bills Move On
HB 199 (Harvey D-Butte) LMAC agreed bill to limit the requirement of detailed medical records on claims where both sides agree to continue to medical benefits after 5 years. This bill has passed the Senate and is ready to go to the Governor for his consideration. Given that it is an agreed to bill by business and labor, there is no reason to think the Governor will not sign the bill into law.
HB 198 (Harvey D-Butte) This bill would increase the burial benefit in the workers’ compensation system from the current maximum of $4000, which is relatively low in comparison to other states to up to $10,000 which is where at least 20 other states are. The bill was heard in Senate Business, Labor and Economic Affairs Committee on Wednesday 3/10 and passed unanimously on Thursday 3/11. Next is on to the Senate floor where it should pass.
HB 446 (Marshall R-Hamilton) This bill codifies the current case law on prosthetics and prosthesis definitions within statute. The bill is scheduled for a hearing in the Senate Business Labor and Economic Affairs Committee on Tuesday 3/16. This bill is as a result of a proposed Department of Labor rule last year which would have expanded the definition, because it was not in statute. It is expected to pass.
HB 283 (F. Anderson R-Great Falls) This bill clarifies how to address paid and unpaid interns within the workers’ compensation system and was heard in the Senate Business, Labor and Economic Affairs Committee on Wednesday 3/10. MSIA and individual members worked with the sponsor to create amendments to confirm the law will be limited to its’ intent, will not increase employers’ costs and will support internship programs as training for the next generation of our work force.
HB 43 (R Knudsen R-Culbertson) This bill supports the expansion of telemedicine use in Montana. The bill passed the House, passed the Senate Public Health Committee and is waiting a full Senate floor vote. It is expected to pass and to be signed by the Governor.
SB 118 (Gauthier R-Helena) This bill provides that if an employee provides false information about their known physical disabilities and are injured as a result of that information, their benefits can be terminated or denied. This bill has passed both the Senate and the House and is on its’ way to the Governor’s desk, where he is expected to sign it.
SB 367 (Morigeau D-Missoula) This bill changes the independent contractor law so that the Department of Labor cannot automatically assume that absent an Independent Contractors Exemption Certificate, the person is an employee. The bill is scheduled for a hearing in the Senate Business, Labor and Economic Affairs Committee on Wednesday 3/17.
NCCI -14.6% Loss Cost Filing Approved - - MSF Will Request 10% Decrease in Rates
NCCI filed for a 14.6% decrease in the overall average loss costs for Montana, to be effective 7/1/21. Commissioner of Securities and Insurance (CSI) Troy Downing approved that filing as made.
Montana State Fund held their first Board meeting of the year today to determine rates to be filed for use effective 7/1/21. In addition, with three vacancies, MSF sat incoming Board Chair Richard Miltenberger and new members John Maxness and Curt Laingen. Board designees Karen Fagg and current MSIA Secretary/Treasurer Mike Marsh also attended and will be sworn in on April 1.
The Board determines what rate levels should be filed with the CSI for review and approval. CSI has 30 days to approve a filing after which it is deemed to be approved. Should CSI request additional information the “30 day deemer” starts again with the date of the response.
MSF adopts the NCCI loss cost filing approved by CSI. This year’s filing called for an overall average decrease of 14.6% from the prior year’s approved loss costs. Since 2011, with the enactment of the last significant reform, NCCI has only filed reductions or no change in the overall system results. Carriers use this result as a base for ultimate pricing of their policies and have the freedom, as does MSF to file rates different than NCCI. Most carriers do not have enough information in any individual state to deviate from NCCI results, with individual carrier exceptions for specific class codes. Deviations go through the same actuarial review as the NCCI filing. The MSF filing is typically reviewed by an outside actuary retained by CSI.
As you know, self-insurers use their own costs to determine how to properly finance their workers’ compensation exposure. The NCCI information provides a benchmark for the insurers we compete with. Typically, self-insureds costs are the lowest in any system, private carriers are next lowest and the residual market mechanism, whether it is a State Fund as we have, or some other system, is the highest cost in the system.
The MSF Board of Directors approved an overall 10% average rate decrease to be filed with CSI.
Later in the day, the Board approved a mid-year dividend in the amount of $20 million to match the $20 million dividend they had declared in September for policies in effect in 2018. In explaining the reasons for the first ever mid-year dividend, MSF management cited the cautious approach the Board took in September, not knowing how the COVID shut down would impact their finances. At the end of the calendar year MSF recognized in excess of $50 million in investment income and losses were not as bad as projected. The Board approved the second $20 million dividend to any 2018 policyholder who had coverage for at least 6 consecutive months that policy year.
NCCI Annual Issues Symposium - Virtual - 5/11 & 5/12
In January NCCI announced their Annual Issues Symposium will be held virtually again this year on May 11 and May 12 starting at 12:45p each day (Eastern – 10:45a Mountain). Virtual attendance is free. Register here: Register Now for Annual Issues Symposium 2021 - Stronger Together (ncci.com)
In addition to the annual perspective from NCCI President Bill Donnell and the State of the Line Report from Chief Actuary Donna Glenn, NCCI will feature:
- A Conversation on Strategic Leadership with Alan Mulally, former President and CEO of Boeing and Ford,
- The Economics of Workers Compensation and the COVID Effect perspectives of Bob Hartwig, with the University of South Carolina and
- The Future is Now from Amy Webb, A Quantitative Futurist & Professor at NYU’s Stern School of Business.
The meeting always also includes the latest from the NCCI economists and actuaries on the research they have completed. As a former NCCI employee involved in public policy issues, I have attended a number of NCCI Annual Issues Symposium and the in person event was an industry must attend event. Last year’s first virtual event was very good, but of course lacks the advantages of the hallway conversations, the opportunity to see and network with different people in the business from different parts of the country with different perspectives.
I highly recommend attending the in person event, when it occurs again, and to the extent you can stomach another Zoom event, this year’s virtual conference.
Scholarship Opportunities – Kids Chance of Montana and Montana Community Foundation
Kids Chance of Montana which provides educational scholarships to kids of severely injured or killed workers announced their scholarship application process is open for 2021. Kids Chance is a non-profit group with MSIA members serving on their Board of Directors and is supported by all facets of the workers compensation industry. The 2021 application deadline for the Kids’ Chance of Montana scholarship is March 31st. The Kids' Chance scholarship application is available at https://www.kidschanceofmontana.org/
Eligibility criteria is quite minimal beyond the experience of having a parent who suffered a catastrophic workplace injury or fatality. The scholarships can be used toward 2-Yr and 4-yr colleges/universities and technical/career education opportunities. The scholarships are renewable for continuing students. In the past 3 years Kids' Chance of MT has awarded approximately $66,000 in scholarships, ranging from $1,000-$3,500 each. To learn more, visit http://www.kidschanceofmontana.org/
In addition to the Kids Chance scholarships available for children of severely injured or killed at work, I just learned of scholarship opportunities through the Montana Community Foundation also available state-wide. Applications are due by March 18. From their website, “Since 1988, the Montana Community Foundation has worked tirelessly to create permanent philanthropy and build stronger communities. MCF manages more than $125 million in assets and administers more than 1,300 philanthropic funds and planned gifts. Our work with donors, charitable organizations, cities and towns plays a critical role in both philanthropic and community development. Since our founding, MCF has reinvested more than $90 million in Montana through scholarships, grants, and programs.”
Here is the link to the MTCF scholarship page:
https://mtcf.org/scholarships/about-scholarships
Know of something we should be paying attention to? Feel free to contact me at any time.
MONTANA SELF INSURERS' ASSOCIATION
3/5/21 - Legislative Week 9
Legislative Half-Time
- All Bills Opposed by MSIA Fail
- All Bills Supported by MSIA Continue
To review prior Legislative Weekly reports, check out the Members Only Section of our website - Montana Self Insurers' Association (mtselfinsurers.org). (Contact me if you forgot your password)
The legislature met Monday and Tuesday, and a little bit on Wednesday for decisions on transmittal to the opposite Chamber. Bills that did not pass Committee by the end of last week and then pass their originating Chamber by Wednesday are dead – kind of. As the legislature makes their own rules, they can suspend those rules.
While it is rare, a previously dead bill can come back to life through an agreement to suspend the rules to do so. As well, a bills’ language can be amended to another bill dealing with the same general sugject that is currently alive. Both actions are rare – but they still happen. The safest approach is to assume nothing is finally dead, until the legislature adjourns finally (sine die), currently scheduled for May 1.
The only bills that are permitted to be introduced after Wednesday 3/3 are revenue bills – those that either bring in more money to the general fund, spend it, or transfer it between accounts. Thus, bills not drafted yet – LC #s, are likely dead.
At the same time, nothing is written in stone until the legislature goes home.
All the bills MSIA opposed failed to get out of Committee:
HB 550 (A. Olsen D-Missoula) Presumptive COVID coverage for essential, front line and first responders – failed in Committee
HB 297 (Caferro D-Helena) Guaranteed COVID coverage for nurses – failed in Committee
HB 412 (A. Olsen D-Missoula) Repeal Workers’ Comp Choice of Provider – failed in Committee
These bills failed on basically a party line vote with Republicans against and Democrats in favor. There were some limited cross-over votes. If I were a betting person, I would bet these bills will stay dead.
In addition, the five bills introduced to limit and weaken the State Fund also failed to get out of Committee
HB 511 (Gunderson R-Libby) Weaken Financial Position of MSF – failed in Committee
HB 512 (Noland R-Bigfork) Prohibit MSF Rate Tiers, Schedule Rating, Limit Safety Groups to Smallest Policyholders Only – failed in Committee
HB 513 (Noland R-Bigfork) Prohibit MSF Dividends, Limit Compensation of Executive Staff – failed in Committee
HB 514 (Noland R-Bigfork) Require MSF to Pay Premium Tax – failed in Committee
SB 322 (Bogner R-Miles City) Eliminates MSF Other States’ Coverage Program for Montana Based Employers, Requires MSF Contract With All Agents and Limit Commission to NCCI Residual Market Levels From Other States – failed in Committee
These bills failed on a bi-partisan basis with all Democrats and some Republicans against and only “hard-line” Republicans in favor.
HB 415 (J. Carlson R-Manhattan), the Anti-Vaccine Anti-Discrimination bill failed to advance from the House on two votes. This bill had the support of a number of majority leaders in both Chambers, and we may yet see something happen with this language. This is one to stay tuned on.
All the bills MSIA supported have either passed transmittal or are partially through the process in their second Chamber.
HB 199 (Harvey D-Butte) LMAC agreed bill to limit the requirement of detailed medical records on claims where both sides agree to continue to medical benefits after 5 years. This bill has passed the House and the Senate Committee. It awaits Senate floor action where it is expected to easily pass. The Governor is expected to sign this bill.
HB 198 (Harvey D-Butte) This bill would increase the burial benefit in the workers’ compensation system. All agree to the increase to be up to $10,000. If a proposed amendment to require an annual update by the Department of Labor support begins to fall off the bill. The bill has passed the House and is set for Senate Business, Labor and Economic Affairs hearing on Wednesday 3/10.
HB 446 (Marshall R-Hamilton) This bill codifies the current case law on prosthetics and prosthesis definitions within statute. This bill is as a result of a proposed Department of Labor rule last year which would have expanded the definition, because it was not in statute. The bill has passed the House and is waiting Senate Committee hearing. It is expected to pass.
HB 283 (F. Anderson R-Great Falls) This bill clarifies how to address paid and unpaid interns within the workers’ compensation system. MSIA and individual members worked with the sponsor to create amendments to confirm the law will be limited to its’ intent, will not increase employers’ costs and will support internship programs as training for the next generation of our work force. The bill passed the House and is set for hearing in the Senate Business, Labor and Economic Affairs Committee on Wednesday 3/10.
HB 43 (R Knudsen R-Culbertson) This bill supports the expansion of telemedicine use in Montana. The bill passed the House, passed the Senate Public Health Committee and is waiting a full Senate floor vote. It is expected to pass and to be signed by the Governor.
In addition, here’s the actions or results on bills SIA is watching with interest:
SB 65 (S. Fitzpatrick R-Great Falls) is the new law regarding providing limited COVID liability to a broad scope of business and health care operations. The bill was among the first signed by Governor Gianforte and is now law.
SB 118 (Gauthier R-Helena) This bill provides that if an employee provides false information about their known physical disabilities and are injured as a result of that information, their benefits can be terminated or denied. This bill has passed both the Senate and the House and is on its’ way to the Governor’s desk, where he is expected to sign it.
SB 367 (Morigeau D-Missoula) This bill changes the independent contractor law so that the Department of Labor cannot automatically assume that absent an Independent Contractors Exemption Certificate, the person is an employee.
Next week, we’re back to the grind. However, so far it has been a good session for workers’ compensation legislation. There is nothing that REQUIRES legislative action to fix the system, that is not moving.