Revision: June 11, 2018, 10:57 a.m.
CHAPTER 166
HB 407-FN - FINAL VERSION
9Jan2018... 2453h
21Mar2018... 2453h
21Mar2018... 0817h
2018 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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This bill requires workers' compensation to cover prophylactic treatment for an identified occupational exposure pursuant to RSA 141-G.
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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Matter which is either (a) all new or (b) repealed and reenacted appears in regular type.
9Jan2018... 2453h
21Mar2018... 2453h
21Mar2018... 0817h 17-0762
01/04
STATE OF NEW HAMPSHIRE
In the Year of Our Lord Two Thousand Eighteen
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:
166:1 New Paragraph; Workers' Compensation; Definitions. Amend RSA 281-A:2 by inserting after paragraph I-a the following new paragraph:
I-aa. "Airborne disease" means pathogenic microorganisms that may be discharged through respiratory secretions and can cause disease in humans through inhalation or contact with a mucous membrane. In this chapter these are defined as pertussis, meningococcal disease, and tuberculosis.
166:2 Workers' Compensation; Definitions. Amend RSA 281-A:2, I-d and I-e to read as follows:
I-d. "Bloodborne disease'' means pathogenic microorganisms that are present in human blood and can cause disease in humans. These pathogens include, but are not limited to, hepatitis B virus (HBV), hepatitis C virus, and human immunodeficiency virus (HIV).
I-e. "Critical exposure'' means contact of an employee's ruptured or broken skin or mucous membrane with a person's blood or body fluids, other than tears, saliva, or perspiration, unless these are visibly contaminated with blood, of a magnitude that can result in transmission of bloodborne disease.
166:3 New Paragraph; Workers' Compensation; Definitions. Amend RSA 281-A:2 by inserting after paragraph V-b the following new paragraph:
V-c. “Emergency response/public safety worker” means call, volunteer, or regular firefighters; law enforcement officers certified under RSA 106-L; certified county corrections officers; and rescue or ambulance workers including ambulance service, emergency medical personnel, first responder service, and volunteer personnel.
166:4 Workers' Compensation; Definitions. Amend RSA 281-A:2, XIV-a to read as follows:
XIV-a. "Post-exposure prophylaxis" means preventive medical treatment started after an identified critical exposure or unprotected 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.
XIV-b. "Unprotected exposure'' includes instances of direct mouth-to-mouth resuscitation or the commingling of blood or other potentially infectious material of a source individual and an emergency response/public safety worker which is capable of transmitting a bloodborne or airborne disease.
XIV-c. "Rehabilitation provider'' as used in this chapter includes any person certified as a vocational rehabilitation provider under RSA 281-A:68 or RSA 281-A:69 and who operates for the purpose of assisting in the rehabilitation of disabled persons through an integrated program of medical and other services which are provided under competent professional supervision.
166:5 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 furnish or cause to be furnished, testing for the presence of a bloodborne disease when a critical exposure that arises out of and in the course of employment occurs. Such testing shall be provided without prejudice as to the issue of the causal relationship of any subsequently diagnosed bloodborne disease to the employee's work and without prejudice to the compensability of the bloodborne disease as an occupational disease or an accidental injury for the purposes of RSA 281-A. Notwithstanding the foregoing, any costs for testing associated with a testing order issued pursuant to RSA 141-G:11 shall be paid for by the employer's insurance carrier or third-party administrator. Such payment shall be provided without prejudice as to the issue of the causal relationship of any subsequently diagnosed disease or injury.
VI-a. All expenses associated with the medical evaluation and recommended post- exposure prophylaxis treatment for emergency response/public safety workers shall be paid by the employer’s insurance carrier or third-party administrator. Such medical evaluation and prophylaxis treatment shall be provided without prejudice as to the issue of the causal relationship of any subsequently diagnosed bloodborne disease or airborne disease to the emergency response/public safety worker’s work and without prejudice to the compensability of the bloodborne disease or airborne disease as an occupational disease or an accidental injury for the purposes of this chapter.
166:6 Effective Date. This act shall take effect January 1, 2019.
Approved: June 08, 2018
Effective Date: January 01, 2019