Join Now Members Only
MONTANA SELF INSURERS' ASSOCIATION

MSIA Legislative Update 4/21/2023 Week 15

  • This Week’s Legislative Action 
  • The Countdown Begins
  • HB 313 – PAs Independent Practice - Signed
  • HB 490 – Penalties for Improper IC Classification
  • HB 590 – Violence Against Health Care Workers
  • HB 836 – Create a Regulatory Sandbox
  • NCSI Annual Conference – Denver 6/4 – 6/7
  • MSIA CE Webinar May 4 @ 10a  
  • Extended Use of Physical Medicine for Workers with Low Back Pain, presented by WCRI - Advance Registration Required

Legislative Action 


The countdown to sine-die – the closing of session has started. There is speculation that they will go home before the end of the month, but at the same time, they could go into the first week of May. It’s all just speculation. I have put money in an informal pool on their leaving on Saturday 4/29 – it’s only speculation. I am un-encumbered with actual knowledge. 


The remaining issues are not workers’ compensation issues and therefore, we should be OK for the remaining days. However, we have to keep in mind, they make the rules, they can change the rules. I will continue to watch for anything that amends Title 39, Section 71 – the workers’ compensation statutes. However, the issues the chambers are addressing at this point are budget and social issues that are specifically not comp. 


We will continue to monitor the legislative action just to make sure things that should be dead, stay dead or if possible, that something that should happen, has that opportunity. We will provide a comprehensive report on all WC legislation after they go home. In the meantime, here’s this week’s action:


HB 313               Etchart             R-Billings                          This bill, as amended, would permit Physician Assistants (PA’s) with a minimum of 6000 hours (3 years) of experience to have an independent practice. Under current law, PA’s must work under a supervising physician. Permitting PAs to be treating physicians is part of a national trend – there is even a proposal in Congress to allow PAs to be treating physicians in the Federal WC system. What this bill does not do, is permit PAs to be treating physicians in our MT system – count on seeing that proposal next session. The Governor signed this bill on 4/18 and is law effective that date. MSIA supported the amended version of the bill. 


HB 490              Gist                     R-Great Falls                  As originally drafted this bill provided penalties for employers hiring people as independent contractors when they were not, and for construction only, instituted the California ABC test for IC determination. The ABC test is a very high standard and one which would have eliminated the current Montana ICEC standards. In speaking with Representative Gist his concern was based on the potential for human trafficking and he agreed to our request for an amendment which eliminates the ABC test language and to provides higher penalties against employers for retaining employees and classifying them as IC’s. For more details on the ABC test, see the CA Supreme Court Dynamex decision in 2018, S222732.PDF (ca.gov). The bill passed the Senate 33-17 on 4/14. The next stop is the Governor’s desk and he is expected to sign it into law. MSIA provided ‘soft’ opposition to the bill as originally drafted and in support of the amendment. With the changes from original language, MSIA supported the bill. 


HB 590              Buttrey             R – Great Falls                This bill requires health care employers to report incidents of violence against health care workers. Unlike the Senate Version (SB 241, which was withdrawn by the sponsor, it does not require a workers’ compensation claim be made by the employer. The bill passed the Senate 26 – 19 on 4/14 and will be sent to the Governor, who is expected to sign it. With the change from the Senate version, MSIA did not take a position on this bill.


HB 836               K. Zolnikov        R-Billings                        This bill is an MSF proposal to create a ‘regulatory sandbox’ to allow for additional, limited experimentation within the marketplace. It is not limited to workers’ compensation. The idea is to permit new ideas that do not fit within the regulatory scheme to have some freedom to be tested out, within a somewhat controlled environment. The bill permits these experiments as long as there is a written business plan, no negative impacts to consumers and no negative impacts to the financial solvency of the insurance carrier and it would be limited to 10,000 policyholders. An ‘innovation waiver’ from regulation for a period of up to three years would be provided, reporting would be required, and it only applies to property and casualty insurance. MSF reports they would like to see how it might be applied to return to work and safety programs in workers’ compensation. The bill passed the Senate 47 – 0 on 4/20 and is expected to be signed by the Governor. Within the context of return to work and safety programs, MSIA supported the proposal. 



  • NCSI 2023 Annual Conference – Denver 6/4 – 6/7 


Join our colleagues June 4 – 7 at the Grand Hyatt Denver for one of the few national self-insured conferences in the country. MSIA is a member of the Executive Committee of NCSI and this national conference is within driving distance for many of us. Join us in Denver! 


Register Today!


Conference topics include:


  • How to Leverage Loss Trend Analysis, Injury Investigations and Training to Reduce Cost and Keep Claims Down 
  • Medical Marijuana – Delving Into the Weeds
  • Impact of Specialty Drugs on Employers – Phil Walls, Chief Clinical Officer, myMatrixx (an MSIA member!)
  • Making Medicare Work Better….5 Steps to Improve Medicare Practices to Reduce Risk and Settle Claims
  • Maintaining Professional Communication in a Whiny World
  • Solved: How Virtual Reality Technology Delivers Cost-Effective Pain Relief and Mental Health
  • Intelligent Litigation Strategies to Support Return to Work Endeavors
  • Finding the Right Questions to Shut Down a Claim
  • Why Mediation Should Be in Your Risk Management Tool Box
  • Connect the Dots: Bridging Technologies for Brilliant Claim Outcomes
  • Alcohol Use Disorder Poses a Serious Risk for Employers. Finally a Novel Solution That Works
  • The Patient is the Wildcard!
  • How to Defend Couch Claims? The New Remote Worker and Workers’ Compensation Liability
  • Are Non-Submit MSAs Under Attack by CMS? 
  • The Growing World of Whole Person Recovery Management 


Register Today!



  • MSIA CE Webinar May 4 @ 10a 

Extended Use of Physical Medicine for Workers with Low Back Pain, presented by WCRI - Advance Registration Required


Join us May 4, at 10a MST for the next MSIA CE Webinar presented by Dongchun Wang of the Workers’ Compensation Research Institute (WCRI) on her findings from the new Institute study Extended Use of Physical Medicine for Workers with Low Back Pain. 


MSIA members have access to unlimited seats to all our Webinars.

Advance registration is required – contact MSIA by phone, text, email or register through the website, Webinars (mtselfinsurers.org)


Physical medicine (PM) services are commonly used in treating workers with low back pain (LBP) and other musculoskeletal injuries. The report documents the prevalence of extended use of PM services (referred to as extended PM use) among 28 study states for nonsurgical LBP claims. The report also identifies several key factors associated with a higher or lower likelihood of having extended PM use. The findings will be helpful for those who are interested in finding ways to improve coordination of care for the purpose of achieving more consistent care to workers for early recovery. 


Webinar Objectives:


  • How prevalent is the extended use of PM services and how does it vary across states?
  • How is extended PM use associated with overall costs and duration of temporary disability? 
  • What are the factors that help predict the likelihood of extended PM use, focusing on the factors that 

   can be used for better management of claims and care?  


As with all MSIA CE Webinars, members have access to an unlimited number of seats, and advance registration is required. We have applied for one CE credit from the Montana Department of Labor and Industry. Contact MSIA to reserve your seats today! Registration cut-off is Wednesday, May 3. To register, visit Webinars (mtselfinsurers.org).


May the fourth be with you (get it?) at 10a MST! 


See you next week!