National – A federal judge denied a motion by pharmacy benefit managers (PBMs) to halt a Federal Trade Commission (FTC) lawsuit according to Healthcare Drive. The FTC’s complaint accuses the three largest PBMs—Caremark Rx, Express Scripts, and OptumRx—of engaging in anticompetitive practices that inflated insulin drug prices. The PBMs sought a preliminary injunction, claiming the FTC’s actions were unconstitutional, but the court found no sufficient threat of irreparable harm to justify such relief.
The Workers’ Compensation Research Institute (WCRI) published a FlashReport examining how medical utilization trends during the COVID-19 pandemic differed based on workers’ age and job type. The report, titled “Trends in Medical Utilization as a Function of Age and Tenure,” analyzed data from 17 states covering the period from 2017 to 2022.
Arkansas – Three bills were introduced in the Arkansas Senate and one bill in the House this week:
- SB 285 was introduced in the Senate this week. The bill aims to modify compensation restrictions under workers’ compensation law. Specifically, it proposes changes to the existing workers’ compensation framework, addressing the limitations and conditions under which compensation is provided to injured workers.
- SB 286 aims to allow additional wage loss benefits and scheduled injury payments under workers’ compensation law. Specifically, the bill aims to broaden the criteria for workers who can receive additional benefits and allow for wage loss benefits to be provided on top of scheduled injury payments.
- SB 288 aims to simplify the process for injured workers to change their treating physician under the Workers’ Compensation Law. The bill proposes streamlining the procedure, adjusting approval requirements from employers or insurance carriers, and introducing new notification protocols to ensure timely communication.
- HB 1531 aims to prohibit pharmaceutical manufacturers from restricting or limiting the distribution of prescription medications to a limited network of out-of-state pharmacies.
Florida – HB 1069, introduced this week by Rep. Tom Fabricio, proposes allowing businesses to create their own programs to compensate workers for occupational injuries as an alternative to the state’s workers’ compensation system. The bill specifies that these plans must cover medical expenses for at least 156 weeks and provide indemnity benefits at a minimum of 75% of the worker’s average weekly wage.
Montana – SB 394 and HB 552 are currently under consideration in their respective chambers. These companion bills, identical in both the House of Representatives and the Senate, aim to provide workers’ compensation for certain first responders diagnosed with post-traumatic stress disorder (PTSD). According to the bill text, firefighters, law enforcement officers, employees of a county detention center or prison, or “any authorized person who responds to an emergency in a professional capacity” would be eligible. Additionally, the bills would add PTSD to the statutory definition of “injury” and include language stating that first responder PTSD claims would be an exception to the general prohibition on claims for mental injuries without an accompanying physical injury.
New Mexico – State Representative Pamelya Herndon’s (D) bill to increase attorney fees was amended in the House before being sent to the Senate this week. HB 66 aims to raise attorney fees and the discovery costs that employers can be ordered to advance to injured workers. Originally, the bill proposed doubling the discovery advance amount from $3,000 to $6,000 and increasing the cap on attorney fees from $22,500 to $30,000 in 2025, with adjustments for inflation starting in 2026. The House passed the amended version with a vote of 36-22, increasing the discovery advance to $3,500 instead of $6,000. The bill will still raise the maximum attorney fee to $30,000 in 2025, but instead of inflation adjustments starting in 2026, it mandates increasing the cap to $32,000 in 2027 and to $34,000 in 2029.
West Virginia – HB 2797 specifies which medical professionals are authorized to diagnose post-traumatic stress disorder (PTSD) as a compensable injury or disease under workers’ compensation. According to the bill text, the authorized medical professionals include licensed physicians, psychologists, psychiatrists, clinical social workers, and professional counselors. The bill aims to ensure that only qualified and licensed professionals can make such diagnoses, maintaining the integrity of workers’ compensation claims.
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