HB589 (2021) Detail

Requiring workers' compensation to cover prophylactic treatment for critical exposure


HB 589-FN - AS INTRODUCED

 

 

2021 SESSION

21-0198

04/05

 

HOUSE BILL 589-FN

 

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

 

SPONSORS: Rep. Cahill, Rock. 17; Rep. M. Pearson, Rock. 34; Rep. Goley, Hills. 8; Rep. Abrami, Rock. 19; Rep. Simpson, Rock. 36; Rep. S. Pearson, Rock. 6; Sen. Reagan, Dist 17

 

COMMITTEE: Labor, Industrial and Rehabilitative Services

 

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ANALYSIS

 

This bill amends the definition of "critical exposure" for the purpose of the workers' compensation law.

 

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Matter which is either (a) all new or (b) repealed and reenacted appears in regular type.

21-0198

04/05

 

STATE OF NEW HAMPSHIRE

 

In the Year of Our Lord Two Thousand Twenty One

 

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

 

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

 

1  Workers' Compensation; Definitions.  RSA 281-A:2, I-e is repealed and reenacted to read as follows:

I-e.  "Critical exposure" means contact of an employee's ruptured or broken skin or mucous membranes, including the eyes or mouth, with a person's blood or body fluids.  Testing and treatment shall be determined by the medical provider taking into account the physical examination and incident details provided by the patient.

2  Effective Date.  This act shall take effect January 1, 2022.

 

LBA

21-0198

1/12/21

 

HB 589-FN- FISCAL NOTE

AS INTRODUCED

 

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

 

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

 

 

 

Estimated Increase / (Decrease)

STATE:

FY 2021

FY 2022

FY 2023

FY 2024

   Appropriation

$0

$0

$0

$0

   Revenue

$0

$0

$0

$0

   Expenditures

$0

Indeterminable Increase

Indeterminable Increase

Indeterminable Increase

Funding Source:

  [ X ] General            [    ] Education            [    ] Highway           [ X ] Other - Various Government Funds

 

 

 

 

 

COUNTY:

 

 

 

 

   Revenue

$0

$0

$0

$0

   Expenditures

$0

Indeterminable Increase

Indeterminable Increase

Indeterminable Increase

 

 

 

 

 

LOCAL:

 

 

 

 

   Revenue

$0

$0

$0

$0

   Expenditures

$0

Indeterminable

Indeterminable

Indeterminable

 

METHODOLOGY:

This bill expands the definition of “critical exposure” under the workers’ compensation law. The Municipal Associations states existing law requires a workers’ compensation insurance carrier to pay all expenses associated with preventive medical treatment for emergency response and public safety workers who have experienced a critical exposure.  

 

The New Hampshire Municipal Association indicates, by expanding the definition of critical exposure, the law may require workers’ compensation to cover post-exposure treatment in more cases, but immediate post-exposure treatment may reduce long-term medical costs.  A net increase or decrease in medical costs may affect workers’ compensation rates paid by municipalities.  The Association does not have sufficient information to determine what the fiscal impact on expenditures would be.  The Association assumes there should be no effect on municipal revenues.

 

The Department of Labor indicates the proposed legislation would not impact state, county or local revenues.  The Department states the adjusted definition could lead to an increase in expenditures at the state, county and local levels.  The proposed definition of critical exposure could lead to added workers' compensation coverage and treatment costs  This assumes additional exposures (saliva, tears and perspiration) that could be covered even in the absence of noticeable blood contaminant.  The Department has deemed these potential increases in expenditures as “indeterminable” because there is no way to credibly quantify the increase in claims (if any), or what the adjustment in premiums and coverage costs may be.   

 

The Department of Safety is not able to determine the potential impact of the updated definition on the number of workers' compensation claims.  Therefore, the Department cannot determine the fiscal impact on State, local or county expenditures.

 

AGENCIES CONTACTED:

New Hampshire Municipal Association, Departments of Labor and Safety

 

Links

HB589 at GenCourtMobile
HB589 Discussion

Action Dates

Date Body Type
Feb. 11, 2021 House Hearing
March 4, 2021 House Hearing

Bill Text Revisions

HB589 Revision: 31937 Date: Jan. 13, 2021, 11:24 a.m.

Docket


March 4, 2021: Executive Session: 03/04/2021 09:30 am Members of the public may attend using the following link: To join the webinar: https://www.zoom.us/j/92992494588


Feb. 11, 2021: Public Hearing: 02/11/2021 10:00 am Members of the public may attend using the following link: To join the webinar: https://www.zoom.us/j/98476278055 / Executive session on pending legislation may be held throughout the day (time permitting) from the time the committee is initially convened.


Jan. 6, 2021: Introduced (in recess of) 01/06/2021 and referred to Labor, Industrial and Rehabilitative Services HJ 2 P. 55