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MONTANA SELF INSURERS' ASSOCIATION

MSIA Update / Leg. Week 6

Click here to attached spreadsheet of bills.

  • Transmittal Date Shadows
  • SB 295 – Choice of Physician Bill – Hearing 2/20
  • SB 291– Require Ann. Updates to Lodging Costs included as wages – Hearing 2/20
  • SB 293 – Require Disclosure of Policy Limits to Claimants – Hearing 2/20
  • HB 197 – Overturn Rainey – Hearing in Sen Cmte 2/20
  • HB 143 – PAs as Treating Phsyicians – Assigned to Sen Public Health Cmte
  • HB 516 – Move WC Court to Judiciary
  • HB 367 – MSIA Transportation Bill -Heard House Bus & Labor 2/13

As we begin to stare down the transmittal date – the day by which bills are required to pass their chamber of origin – the Senate is beginning to figure it out. Transmittal date is March 4 and word is bills have to be in legal review by next Thursday, 2/20, if they want to have a chance to be introduced with any reasonable language that might make statutory sense. If bills do not pass the chamber of origin – they are dead – ish. Transmittal date typically means a change in the number of bills we have to focus on – as by definition all those bill titles not introduced – just simply go away.

Amendments to other chamber bills, suddenly finding either a revenue stream or an appropriation tied to an otherwise dead bill would keep it alive (revenue and appropriation bills have a later transmittal date). I don’t assume anything is finally dead – until the day after session. Nothing is dead, dead until the day after session ends. While some things may not move much – some bills have the magical ability to be resurrected at the last minute. It really all depends on what leadership thinks MUST happen.

Transmittal date means a lot more activity – and we saw that this week! Lots more bill language introduced. And based on the number of Senate hearings set for next week – it is on the mind of a lot of people.

The Senate is not fully there, but at least bills are being assigned to committees and hearings are happening. That also means bills will begin to be heard on the floor for determination of passage or failure. There are hard feelings galore – and now the Senate is behind the 8-ball and is beginning to deal with House bills, in addition to dealing with their own proposals. It almost seems like WC week in the Senate next week. Five bills of interest to MSIA are up in Senate Business, Labor & Economic Affairs Committee next week alone – that’s a huge number. Only one of them may be relatively easy.

And – Medicaid Expansion (HB 245 – Buttrey R-GTF) passed the House and was assigned to the Senate Public Health Committee for a hearing on Monday 2/17. The bill passed the House with the Dems and moderate Republican support 63 – 37. That may be a sign of things to come. We still don’t know what Senate leadership may do about the bill.

Here’s this week’s run-down of legislation we’re interested in for a full list of bills of interest and more comments – see the attached spreadsheet. This week we moved the more important bills/proposals to the top:

 

SB 295 / A. Olsen / D-MSO

This language would change the choice of physician back to the employee choice, versus the current employer choice. MSIA opposes this bill. Since the change in law, in 2011, the Montana workers’ compensation system has seen durations decrease, medical utilization decrease and the resulting decrease in costs, and injured workers’ ability to return to their lives and families faster. While the bill has been requested by a Senator, it is possible it will be actually introduced in the House. The bill is set for hearing in Senate Bus & Labor on Thursday 2/20. MSIA opposes this proposal.   


SB 291 / A. Olsen / D-MSO

This proposal would require the Department of Labor to annually update the costs of lodging, when they are included in the wage calculation for employment. This bill is set for hearing in Senate Bus & Labor on 2/20. MSIA is likely to oppose this bill.


SB 293 / A. Olsen / D-MSO

This bill would require insurance carriers to provide policy limit information to claimants prior to litigation. The bill is set for hearing on 2/19 in Senate Bus & Labor. MSIA opposes this bill.  


HB 143 / Etchart / R-BIL

This bill permits PAs to be treating physicians. The bill passed the House 98 – 0 this week and we are waiting for it to be assigned to a Senate Committee. MSIA supports this proposal. Business, PAs, Primary Care providers, insurers and AFL/CIO-MFT supported the bill in the House Committee. The only opponent was the Trial Lawyers Association. The bill has been assigned to Sen Public Health Committee. A hearing date has not yet been set.


HB 197 / Nicastro / R-BIL

This bill addresses the Rainey Workers Comp Court decision (Nat'l Union-Rainey_2021MTWCC10.pdf) where the judge determined that even with a full duty release, the insurer had to go through a job analysis and 14 day notice before terminating TTD benefits. This bill passed the passed the House on 1/27, on a party-line vote and we are waiting for it to be assigned to a Senate Committee. The bill has been assigned to the Sen Bus & Labor Committee for a hearing on 2/20. MSIA supports this bill.


HB 367 / LC 1353 / Buttrey R-GTF            

This bill is an MSIA requested bill to strengthen the language regarding coverage application when the employer provides a vehicle or payment for travel, to limit it to when the employee is in the course and scope of employment. Over the years, the Supreme Court has expanded the going and coming rule to include situations where any travel where the employer provided a vehicle or some kind of payment for travel to remote locations to be covered. The bill will be heard on Tuesday 2/11 in House Bus & Labor Committee. A large group of businesses supported the bill in the hearing held on 2/13 in House Bus & Labor. MSIA members MCCF and MSBGIA testified in favor of the bill. The MSIA and supporting testimony focused on clarification of the legislative intent and that nothing is being taken away from injured workers. Only the plaintiffs attorneys opposed the bill and their main point was there was no Court decision needed to be overturned. Our response is the pipe has some leaks, we don’t have to wait until the pipe breaks to fix it. A technical amendment will be offered with the support of MSIA and the sponsor. MSIA supports this bill.


SB 308 / LC 1836 / Harvey / D-Butte         

This bill eliminates the benefit cap based on State Average Weekly Wage, which will have a significant impact on benefits for higher wage earners. NCCI is expected to have a cost impact estimate next week. The bill is set for Sen Bus & Labor Committee hearing on 2/20. MSIA opposes this proposal. No change.

 

SB 109 / Hertz / R-Polson

This bill would allow Physical Therapists to be Treating Physicians. PTs have alleged that about 12 other states allow for ‘Direct Access’ to PTs for workers’ compensation claims. That may be, but the requirements for a ‘Treating Physician’ in the Montana WC system require them to make a diagnosis, be the gatekeeper for treatment – referring to other specialists as needed, provide the release to return to work, determine maximum medical improvement and provide impairment ratings – few of which a licensed PT in Montana can do. In our opinion, this proposal takes access to health care providers too far. The bill passed  the Senate Bus, Labor & Economic Affairs Committee 11-0 on 1/29. MSIA was the lead opponent on this bill. Importantly MSF was an informational witness – neither supporting nor opposing the bill, which carried some weight with the Committee members. The full Senate has not considered this bill yet. The bill passed 2nd reading in the Senate on 2/15 by a vote of 49 – 1. It is expected to pass and sent to the House.


HB 516 / Walsh / R-Twin Bridges

This bill would move the WC Court from the Department of Labor to the Judiciary. MSIA does not have a position on this bill at  this time.


SB 202 / L. Smith / D-HLN

This bill provides the WC Court Judge with the authority to appoint, or terminate an Guardian ad Litem. The WC Court Judge was asked to appoint a new Guardian ad Litem and he ruled he could not, as the statutory language does not provide him that ability. Although this has been done for the 100 years or so of the WC system in Montana, the statutory language to support it was not there. MSIA supports this bill. This bill has not been assigned to a Senate Committee yet. No change.


LC 1805 / Hertz / R-Polson

This proposal looks to be a duplicate of SB 202, above, with a majority member sponsor. MSIA supports this proposal.

                            

HB 428 / LC 458 / Thiel / R-Sidney      

This bill is the Department of Labor ‘clean up’ bill (originally requested by a member of the Senate – see info above) . It provides a clarification of “employer” in a borrowed employee situation, provides for annual instead of quarterly reporting of losses for Administrative Fund assessments and changes the medical status form so that only one form would be needed, rather than two with the second providing medical information not permitted to be shared with the insurer. This bill is set for hearing in House Bus & Labor on 2/18. MSIA supports this bill.


LC 1564 / Reavis / D-BIL

This bill provides for PTSD claim opportunities for law enforcement and first responders. Rather than provide a presumption, the language requires claims to go through the WC process for compensability determination. However, it provides a carve out from the existing prohibition on ‘mental-mental’ claims. In so doing, it likely creates an equal protection violation of constitutional language. That argument, which will be made, could lead to a proposal that everyone have access to mental-mental claim benefits. There are only about 12 states which continue to exclude mental-mental claims in their WC systems. And, the trend across the country has been to provide presumptive coverage for first responders. MSIA opposes this bill. No change.


LC 1604 / Schubert / R-Kalispell

This proposal would make it illegal to retain people not legally permitted to be employed and provides significant penalties. MSIA does not have a position on this proposal at this time.