Bill Text - HB407 (2018)

Requiring workers' compensation to cover prophylactic treatment for exposure.


Revision: Jan. 27, 2017, 12:32 p.m.

HB 407-FN - AS INTRODUCED

 

 

2017 SESSION

17-0762

01/04

 

HOUSE BILL 407-FN

 

AN ACT requiring workers' compensation to cover prophylactic treatment for exposure.

 

SPONSORS: Rep. White, Graf. 13; Rep. Cahill, Rock. 17

 

COMMITTEE: Labor, Industrial and Rehabilitative Services

 

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ANALYSIS

 

This bill requires workers' compensation to cover prophylactic treatment for an identified occupational exposure.

 

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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Matter which is either (a) all new or (b) repealed and reenacted appears in regular type.

17-0762

01/04

 

STATE OF NEW HAMPSHIRE

 

In the Year of Our Lord Two Thousand Seventeen

 

AN ACT requiring workers' compensation to cover prophylactic treatment for exposure.

 

Be it Enacted by the Senate and House of Representatives in General Court convened:

 

1  New Paragraph; Workers' Compensation; Definition Added.  Amend RSA 281-A:2 by inserting after paragraph XIII the following new paragraph:

XIII-a.  “Occupational Exposure”  means exposure to potentially harmful chemical, physical, or biological agents arising from the performance of an employee's duties during the course of employment.

2  New Paragraph; Workers' Compensation; Definition Added.  Amend RSA 281-A:2 by inserting after paragraph XIV the following new paragraph:

XIV-a.  “Post-exposure prophylaxis”  means preventive medical treatment started after an identified exposure in order to prevent infection and the development of disease, in accordance with standards promulgated by the Centers for Disease Control and Prevention, United States Department of Health and Human Services.

3  Workers' Compensation; Medical, Hospital, and Remedial Care.  Amend RSA 281-A:23, VI to read as follows:

VI.  An employer subject to this chapter, or the employer's insurance carrier, [may] shall furnish or cause to be furnished, diagnostic testing and post-exposure prophylaxis for [the presence of a bloodborne] communicable disease when a critical exposure that arises out of and in the course of employment occurs.  Such testing and post-exposure prophylaxis shall be provided without prejudice as to the issue of the causal relationship of any subsequently diagnosed [bloodborne] communicable disease to the employee's work and without prejudice to the compensability of the [bloodborne] communicable disease as an occupational disease or an accidental injury for the purposes of RSA 281-A.

4  New Paragraph; Workers' Compensation; Medical, Hospital, and Remedial Care.  Amend RSA  281-A:23 by inserting after paragraph VIII the following new paragraph:

IX.  An employer subject to this chapter, or the employer's insurance carrier, shall furnish or cause to be furnished, diagnostic testing and post-exposure prophylaxis in instances where an identified occupational exposure occurs.  Such testing and post-exposure prophylaxis shall be provided without prejudice as to the issue of the causal relationship of any subsequently diagnosed disease to the employee's work and without prejudice to the compensability of the disease as an occupational disease or an accidental injury for the purposes of RSA 281-A.

5  Effective Date.  This act shall take effect January 1, 2018.

 

LBAO

17-0762

1/6/17

 

HB 407-FN- FISCAL NOTE

AS INTRODUCED

 

AN ACT requiring workers' compensation to cover prophylactic treatment for exposure.

 

FISCAL IMPACT:      [ X ] State              [ X ] County               [ X ] Local              [    ] None

 

 

 

Estimated Increase / (Decrease)

STATE:

FY 2018

FY 2019

FY 2020

FY 2021

   Appropriation

$0

$0

$0

$0

   Revenue

$0

$0

$0

$0

   Expenditures

Indeterminable Increase

Indeterminable Increase

Indeterminable Increase

Indeterminable Increase

Funding Source:

  [ X ] General            [    ] Education            [ X ] Highway           [ X ] Other

 

 

 

 

 

COUNTY:

 

 

 

 

   Revenue

$0

$0

$0

$0

   Expenditures

Indeterminable Increase

Indeterminable Increase

Indeterminable Increase

Indeterminable Increase

 

 

 

 

 

LOCAL:

 

 

 

 

   Revenue

$0

$0

$0

$0

   Expenditures

Indeterminable Increase

Indeterminable Increase

Indeterminable Increase

Indeterminable Increase

 

METHODOLOGY:

This bill requires workers compensation insurance to cover prophylactic treatment for exposure.  The Department of Labor states this bill will increase workers compensation rates paid by employers by an indeterminable amount.  Consequently, State, county, and local expenditures will increase by an indeterminable amount due to their role as employers and increased workers compensation related expenditures.

 

AGENCIES CONTACTED:

Department of Labor