HB 490 Workers' compensation; cost of living supplements.

Chief patron: McClellan

Summary as introduced:
Workers' compensation; cost of living supplements. Provides that cost of living supplements shall be payable to claimants who are receiving disability benefits under the Virginia Workers' Compensation Act but are not receiving federal disability benefits.

01/17/16 House: Impact statement from DPB (HB490)
01/19/16 House: Assigned C & L sub: Special Workers Comp
02/02/16 House: Subcommittee recommends reporting (8-Y 0-N)
02/09/16 House: Continued to 2017 in Commerce and Labor
12/01/16 House: Left in Commerce and Labor

HB 1571 Workers' compensation; fees for medical services.

Chief patron: Farrell

Summary as passed House:

Workers' compensation; fees for medical services. Provides that the pecuniary liability of an employer for a medical service provided for the treatment of a traumatic injury or serious burn includes liability for any professional service rendered during the dates of service of the admission or transfer to a Level I or Level II trauma center or to a burn center, as applicable. The measure increases the initial charge outlier threshold, which under the stop-loss feature allows hospitals to receive payments or reimbursements that exceed the fee schedule amount for certain claims, from 150 percent of the maximum fee for the service set forth in the applicable fee schedule to 300 percent of such amount. The measure allows the Workers' Compensation Commission to adjust the charge outlier threshold percentage; under existing law, it is allowed only to decrease the percentage. The measure also (i) expands the definition of codes, as used in the provision directing the Commission to establish fee schedules for scheduled medical services, to include revenue codes, which are defined in the bill; (ii) clarifies the definition of "HCPCS codes"; (iii) directs the Commission to use the regulatory advisory panel on all matters involving or related to the fee schedule as deemed necessary by the Commission; (iv) adds a definition of "new type of technology"; and (v) extends the deadline by which the regulatory advisory panel is required to meet, review, and make recommendations to the Commission from July 1, 2017, to July 1, 2018. The bill contains an emergency clause.

EMERGENCY

02/20/17 House: Enrolled
02/20/17 House: Bill text as passed House and Senate (HB1571ER)
02/20/17 House: Impact statement from DPB (HB1571ER)
02/21/17 House: Enrolled Bill communicated to Governor on 2/21/17
02/21/17 Governor: Governor's Action Deadline Midnight, March 27, 2017

HB 1659 Workers' compensation; employer's lien, third party actions.

Chief patron: Habeeb

Summary as passed:

Workers' compensation; employer's lien; third party actions. Requires that any arbitration proceeding regarding an employer's right of subrogation to an employee's claim against a third party shall be limited solely to arbitrating the amount and validity of the employer's lien and shall not affect the employee's rights in any way. Such arbitration shall not be held unless (i) any contested expenses remaining have been submitted to the Virginia Workers' Compensation Commission (the Commission) for a determination of their validity and the Commission has made such determination of validity prior to the commencement of the arbitration; (ii) prior to the commencement of such arbitration the employer has provided the injured employee and his attorney, if any, with an itemization of the expenses associated with the lien that is the subject of the arbitration; (iii) upon receipt of the itemization of the lien, the employee shall have 21 days to provide a written objection to any expenses included in the lien to the employer, and if the employee does not do so any objections to the lien to be arbitrated shall be deemed waived; and (iv) the employer shall have 14 days after receipt of the written objection to notify the employee of any contested expenses that the employer does not agree to remove from the lien, and if the employer does not do so any itemized expense objected to by the employee shall be deemed withdrawn and not included in the arbitration. The bill is identical to SB 1175.

02/20/17 House: Enrolled
02/20/17 House: Bill text as passed House and Senate (HB1659ER)
02/20/17 House: Impact statement from DPB (HB1659ER)
02/21/17 House: Enrolled Bill communicated to Governor on 2/21/17
02/21/17 Governor: Governor's Action Deadline Midnight, March 27, 2017

HB 1722 Workers' compensation; presumption of compensability for certain diseases.

Chief patron: Anderson

Summary as introduced:
Workers' compensation; presumption of compensability for certain diseases. Adds colorectal cancer to, and removes rectal cancer from, the list of cancers that are presumed to be an occupational disease compensable under the Virginia Workers' Compensation Act if contracted by certain firefighters and certain other employees who have had contact with a toxic substance in the line of duty.

01/07/17 House: Prefiled and ordered printed; offered 01/11/17 17103508D
01/07/17 House: Referred to Committee on Commerce and Labor
01/12/17 House: Assigned C & L sub: Subcommittee #1
01/19/17 House: Subcommittee recommends laying on the table
02/08/17 House: Left in Commerce and Labor

HB 1803 Workers' compensation; disease presumptions, correctional officers.

Chief patron: Bell, John J.

Summary as introduced:
Workers' compensation; disease presumptions; correctional officers. Adds correctional officers to the list of public safety employees who are entitled to a presumption that hypertension and heart disease and certain infectious diseases are occupational diseases compensable under the Virginia Workers' Compensation Act.

01/09/17 House: Prefiled and ordered printed; offered 01/11/17 17102081D
01/09/17 House: Referred to Committee on Commerce and Labor
01/17/17 House: Assigned C & L sub: Subcommittee #1
01/19/17 House: Subcommittee recommends laying on the table
02/08/17 House: Left in Commerce and Labor

HB 2155 Workers' compensation; modifications to employee's home and automobile.

Chief patron: Rasoul

Summary as introduced:
Workers' compensation; modifications to employee's home and automobile. Increases from $42,000 to $50,000 the maximum aggregate cost of (i) bedside lifts, adjustable beds, and modifications and alterations to an injured employee's principal home and (ii) modifications to or equipment for an injured employee's automobile that the Workers' Compensation Commission may award on account of any one accident.

01/11/17 House: Prefiled and ordered printed; offered 01/11/17 17100405D
01/11/17 House: Referred to Committee on Commerce and Labor
01/22/17 House: Impact statement from DPB (HB2155)
01/31/17 House: Tabled in Commerce and Labor

HB 2353 Workers' compensation; failure to make reports on employee's inquiry, etc.

Chief patron: Murphy

Summary as introduced:
Workers' compensation; failure to make reports; deterring employee from filing claim; penalty. Provides that an employer is guilty of a Class 2 misdemeanor if he knowingly and intentionally fails to comply with the requirement that he report an employee's injury or death or dissuades or deters an employee from filing a claim for compensation under the Virginia Workers' Compensation Act.

01/16/17 House: Presented and ordered printed 17103303D
01/16/17 House: Referred to Committee on Commerce and Labor
01/27/17 House: Impact statement from DPB (HB2353)
01/31/17 House: Tabled in Commerce and Labor

HB 2468 VWC; permits commissioners and deputy commissioners to carry a concealed weapon.

Chief patron: Miller

Summary as introduced:
Commissioners and deputy commissioners of the Virginia Workers' Compensation Commission; carrying a concealed weapon; carrying a weapon in a courthouse. Permits commissioners and deputy commissioners of the Virginia Workers' Compensation Commission to carry a concealed weapon wherever they may travel in the Commonwealth and exempts such persons from the prohibition on carrying firearms in a courthouse.

01/20/17 House: Presented and ordered printed 17102227D
01/20/17 House: Referred to Committee on Militia, Police and Public Safety
01/24/17 House: Assigned MPPS sub: #1
01/26/17 House: Impact statement from DPB (HB2468)
02/07/17 House: Left in Militia, Police and Public Safety

HJ 544 Study; JLARC to study the Virginia's workers' compensation system; report.

Chief patron: Lingamfelter

Summary as introduced:
Study; JLARC to study the Virginia's workers' compensation system; report. Directs the Joint Legislative Audit and Review Commission (JLARC) to study Virginia's workers' compensation system. In its study, JLARC is directed to (i) examine whether claims are reviewed and processed in a timely and fair manner; (ii) assess whether the dispute resolution process is timely, effective, and fair and equitable toward all parties; (iii) compare the structure and administration of workers' compensation programs in other states with that of Virginia's; (iv) analyze the rate of growth in medical prices and examine any changes that occur in access to medical care in states that have adopted medical service fee schedules or treatment guidelines; (v) assess the effectiveness of House Bill 378 and Senate Bill 631 of the 2016 Session; and (vi) review any other issues and make recommendations as appropriate.

10/10/16 House: Prefiled and ordered printed; offered 01/11/17 17100459D
10/10/16 House: Referred to Committee on Rules
01/26/17 House: Tabled in Rules

SB 1119 Workers' compensation; presumption of compensability for certain diseases.

Chief patron: McPike

Summary as introduced:
Workers' compensation; presumption of compensability for certain diseases. Substitutes colorectal cancer, which is cancer that starts in the colon or rectum, for rectal cancer on the list of cancers that are presumed to be an occupational disease covered by the Virginia Workers' Compensation Act when certain employees develop the cancer after contact with a known or suspected carcinogen that causes, or is suspected to cause, the specific type of cancer.

01/09/17 Senate: Referred to Committee on Commerce and Labor
01/27/17 Senate: Impact statement from DPB (SB1119)
01/30/17 Senate: Reported from Commerce and Labor (15-Y 0-N)
01/30/17 Senate: Rereferred to Finance
02/02/17 Senate: Passed by indefinitely in Finance (16-Y 0-N)

SB 1120 Workers' compensation; volunteer firemen and emergency medical services personnel.

Chief patron: McPike

Summary as introduced:
Workers' compensation; volunteer firemen and emergency medical services personnel. Provides that for the purposes of the Virginia Workers' Compensation Act volunteer firemen and emergency medical services personnel shall be deemed employees of the political subdivision or state institution of higher education in which the principal office of the volunteer fire company or volunteer emergency medical services agency is located. The measure repeals the existing provision that volunteer firemen and emergency medical services personnel shall be deemed the employees of the political subdivision or state institution of higher education if its governing body has adopted a resolution acknowledging those persons as employees. The measure also repeals the provision that volunteer firemen and emergency medical services personnel shall be deemed the employees of the volunteer fire company or volunteer emergency medical services agency if the company or agency elects to be included and maintains coverage as an employer under the Act.

01/09/17 Senate: Prefiled and ordered printed; offered 01/11/17 17102241D
01/09/17 Senate: Referred to Committee on Commerce and Labor
01/22/17 Senate: Impact statement from DPB (SB1120)
01/30/17 Senate: Committee substitute printed to LIS only 17104619D-S1
01/30/17 Senate: Failed to report (defeated) in Commerce and Labor (5-Y 9-N)

SB 1175 Workers' compensation; employer's lien, third party actions.

Chief patron: Chafin

Summary as passed:

Workers' compensation; employer's lien; third party actions. Requires that any arbitration proceeding regarding the exercise of an employer's right of subrogation to an employee's claim against a third party shall be limited solely to arbitrating the amount and validity of the employer's lien and shall not affect the employee's rights in any way. Arbitration shall not be held unless (i) any contested expenses remaining have been submitted to the Virginia Workers' Compensation Commission (the Commission) for a determination of their validity and the Commission has made such determination of validity prior to the commencement of the arbitration; (ii) prior to the commencement of such arbitration the employer has provided the injured employee and his attorney, if any, with an itemization of the expenses associated with the lien that is the subject of the arbitration; (iii) upon receipt of the itemization of the lien, the employee shall have 21 days to provide a written objection to any expenses included in the lien to the employer, and if the employee does not do so any objections to the lien to be arbitrated shall be deemed waived; and (iv) the employer shall have 14 days after receipt of the written objection to notify the employee of any contested expenses that the employer does not agree to remove from the lien, and if the employer does not do so any itemized expense objected to by the employee shall be deemed withdrawn and not included in the arbitration. The bill is identical to HB 1659.

02/13/17 Senate: Signed by President
02/13/17 House: Signed by Speaker
02/14/17 Senate: Enrolled Bill Communicated to Governor on 2/14/17
02/14/17 Governor: Governor's Action Deadline Midnight, February 21, 2017
02/20/17 Governor: Approved by Governor-Chapter 81 (effective 7/1/17)

SB 1201 Workers' compensation; suitably equipped automobile for incapacitated employee.

Chief patron: Lewis

Summary as introduced:
Workers' compensation; suitably equipped automobile. Authorizes the Workers' Compensation Commission to require an employer to provide funds for the purchase of a suitably equipped automobile for an incapacitated employee if it finds that it is medically necessary and that modifications to the employee's automobile are not technically feasible or will cost more than the funds available for a replacement automobile. The total of the costs of the automobile and of any bedside lifts, adjustable beds, and modification of the employee's principal home are limited to $42,000, which is the amount of the existing cap on expenses for modifications to the injured employee's automobile and home.

02/17/17 House: Passed House BLOCK VOTE (99-Y 0-N)
02/17/17 House: VOTE: BLOCK VOTE PASSAGE (99-Y 0-N)
02/22/17 Senate: Enrolled
02/22/17 Senate: Bill text as passed Senate and House (SB1201ER)
02/22/17 Senate: Impact statement from DPB (SB1201ER)

SB 1466 Workers' compensation; infectious disease presumption for correctional officers.

Chief patron: Marsden

Summary as introduced:
Workers' compensation; infectious disease presumption; correctional officers. Provides that correctional officers are entitled to a presumption that hepatitis, meningococcal meningitis, tuberculosis, MRSA, or HIV causing the correctional officer's death or resulting in his total or partial disability is an occupational disease suffered in the line of duty and is compensable under the Virginia Workers' Compensation Act.

01/16/17 Senate: Presented and ordered printed 17104016D
01/16/17 Senate: Referred to Committee on Commerce and Labor
02/03/17 Senate: Passed by indefinitely in Commerce and Labor (15-Y 0-N)

SB 1472 Workers' compensation; accident reports, filing claims, civil penalty.

Chief patron: Favola

Summary as introduced:
Workers' compensation; accident reports; filing claims; civil penalty. Requires an employer's accident report filed with the Workers' Compensation Commission to include the signature of the injured employee or his personal representative. The measure provides that the employer's filing of the accident report constitutes the filing with the Commission by or on behalf of the employee of a claim for workers' compensation benefits with respect to any injury arising from the accident. The measure also provides that an employer that fails to comply with the requirement that it report an employee's injury or death, or dissuades or deters an employee from filing a claim for compensation, shall be assessed a civil penalty of not more than $500, which civil penalty is increased to not less than $500 and not more than $5,000 if the violation is willful.

01/17/17 Senate: Presented and ordered printed 17103333D
01/17/17 Senate: Referred to Committee on Commerce and Labor
02/02/17 Senate: Impact statement from DPB (SB1472)
02/03/17 Senate: Passed by indefinitely in Commerce and Labor (15-Y 0-N)

SB 1489 Workers' compensation; presumption that death or disease due to coal pneumoconiosis.

Chief patron: Chafin

Summary as introduced:
Workers' compensation; presumption that death or disease due to coal pneumoconiosis. Specifies that the standards prescribed by the Virginia Workers' Compensation Commission for determining whether the death or total disability of an employee was due to pneumoconiosis or any chronic occupational lung disease shall not be inconsistent with the standards prescribed by the federal Secretary of Health and Human Services under the 1969 Federal Coal Mine Health and Safety Act as amended by § 1556(a) of the federal Patient Protection and Affordable Care Act, in order to ensure that repeal of the Patient Protection and Affordable Care Act does not alter the standards required in the Commonwealth. The measure also incorporates presumptions regarding death or disability from pneumoconiosis that are codified at 30 U.S.C. § 921(c)(3) and (4).

01/18/17 Senate: Presented and ordered printed 17104144D
01/18/17 Senate: Referred to Committee on Commerce and Labor
02/02/17 Senate: Impact statement from DPB (SB1489)
02/03/17 Senate: Passed by indefinitely in Commerce and Labor (13-Y 2-N)

Counts: HB: 8 HJ: 1 SB: 7