Revision: March 27, 2014, midnight
SB 204-FN – AS AMENDED BY THE SENATE
03/13/14 0867s
2014 SESSION
01/10
SENATE BILL 204-FN
AN ACT relative to a fund for certain medical conditions covered by workers’ compensation and establishing a commission to study soft tissue injuries under workers’ compensation.
SPONSORS: Sen. D'Allesandro, Dist 20; Sen. Soucy, Dist 18; Sen. Boutin, Dist 16; Sen. Cataldo, Dist 6; Sen. Fuller Clark, Dist 21; Sen. Gilmour, Dist 12; Sen. Lasky, Dist 13; Sen. Reagan, Dist 17; Sen. Watters, Dist 4; Rep. Goley, Hills 8; Rep. D. Sullivan, Hills 42; Rep. Long, Hills 42
This bill establishes the first responders critical injury fund to make awards of additional workers’ compensation upon warrant by the governor with approval by the executive council for group II retirement system members who suffer certain medical conditions. This bill also establishes a commission to study soft tissue injuries for purposes of workers’ compensation.
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Explanation: Matter added to current law appears in bold italics.
Matter removed from current law appears [in brackets and struckthrough.]
Matter which is either (a) all new or (b) repealed and reenacted appears in regular type.
03/13/14 0867s
14-2599
01/10
STATE OF NEW HAMPSHIRE
In the Year of Our Lord Two Thousand Fourteen
AN ACT relative to a fund for certain medical conditions covered by workers’ compensation and establishing a commission to study soft tissue injuries under workers’ compensation.
Be it Enacted by the Senate and House of Representatives in General Court convened:
1 New Sections; First Responder’s Critical Injury Fund; Commission. Amend RSA 281-A by inserting after section 32 the following new sections:
281-A:32-a First Responder’s Critical Injury Fund.
I. There is hereby established the first responder’s critical injury fund. In addition to other payments made under RSA 281-A, a group II retirement system member may request additional compensation under this fund. If the impairment to a group II retirement system member resulting from an injury is partial, with a determination that the employee has reached maximum medical improvement and that such maximum medical improvement is less than 100 percent, the governor may draw a warrant, with approval by the executive council, for payments in addition to benefits payable under this chapter for an award to be paid to such employees in amounts provided by RSA 281-A:28 for the number of weeks set forth in this section for permanent bodily loss or impairment:
(a) Permanent loss or impairment of heart, lung, or brain 208
(b) Permanent loss or impairment of other internal organs 104
(c) Permanent loss or impairment of speech, touch, taste, or smell 104
II. Payments awarded under this section shall be subject to all other provisions of RSA 281-A. Total compensation paid under this section shall not exceed that allowed under RSA 281-A:32, IX.
281-A:32-b Commission Established; Membership; Duties.
I. There is established a commission to study soft tissue injuries for purposes of workers’ compensation.
(a) The members of the commission shall be as follows:
(1) Two members of the senate, appointed by the president of the senate.
(2) One member of the house of representatives, appointed by the speaker of the house of representatives.
(3) The commissioner of the department of employment security, or designee.
(4) The commissioner of the department of labor, or designee.
(5) The commissioner of the department of insurance, or designee.
(6) A representative of a self-funded insurer, appointed by the governor.
(7) Two public members representing business interests, appointed by the governor.
(8) Two public members representing labor interests, appointed by the governor.
(b) Legislative members of the commission shall receive mileage at the legislative rate when attending to the duties of the commission.
II.(a) The commission shall study soft tissue injuries for purposes of workers’ compensation.
(b) The commission shall solicit information and testimony from any person or entity the commission deems relevant to its study.
III. The members of the commission shall elect a chairperson from among the members. The first meeting of the commission shall be called by the first-named senate member. The first meeting of the commission shall be held within 45 days of the effective date of this section. Five members of the commission shall constitute a quorum.
IV. The commission shall report its findings and any recommendations for proposed legislation to the president of the senate, the speaker of the house of representatives, the senate clerk, the house clerk, the governor, and the state library on or before November 1, 2015.
2 Repeal. RSA 281-A:32-b, relative to a commission to study soft tissue injuries under workers’ compensation, is repealed.
3 Effective Date.
I. Section 2 of this act shall take effect November 1, 2015.
II. The remainder of this act shall take effect upon its passage.
LBAO
14-2599
11/05/13
SB 204-FN - FISCAL NOTE
AN ACT relative to medical conditions covered by workers’ compensation.
FISCAL IMPACT:
The Department of Labor states this bill, as introduced, may increase state, county and local expenditures by an indeterminable amount in FY 2015 and each year thereafter. There is no fiscal impact on state, county and local revenue.
METHODOLOGY:
The Department of Labor states this bill extends workers’ compensation benefits to certain medical conditions. The Department states this bill could result in additional payouts in workers’ compensation benefits for local, county and state governments in their role as employers. The Department is not able to predict how many injuries would fit the additional permanent impairment award categories to determine the increase in state, county and local expenditures.