Study finds no significant changes in opioid prescribing or nonopioid pain treatment attributable to the enacted state opioid restriction laws
The American College of Physicians says that some state restrictions on opioids have minimal effects and could be potentially harmful when managing chronic pain populations. Of 13 state opioid restriction laws observed, a change of less than 1% occurred regarding the proportion of patients receiving any opioid prescription. These laws were also associated with a change of less than 1 in days' supply of opioid prescriptions and a change of less than 4 in average monthly MME per day per patient prescribed opioids. Overall, the study did not find significant changes in opioid prescribing or nonopioid pain treatment attributable to the enacted state opioid restriction laws. The report's findings come at the same time the Center for Disease Control (CDC) is currently revising opioid guidelines.
U.S. House Education & Labor Committee advanced two bills for federal firefighters.
The U.S. House Education & Labor Committee advanced two bills to make the workers' compensation process easier for federal firefighters. The Federal Firefighters Fairness Act (HR2449) and the Improving Access to Workers' Compensation for Injured Federal Workers Act (HR6087) received bipartisan support in committee. HR 2449 would create a presumption that federal wildland firefighters holding at least five years of service who develop severe health conditions such as lung disease or certain cancers did so from their line of work. The bill's advance is a welcome reception for federal firefighters who continue to battle fierce wildfires out west. HR6087 will allow nurse practitioners and physician assistants to diagnose and treat workers' injuries or illnesses. Previously only a physician would be permitted to treat and diagnose. Through this change, legislators hope these firefighters will be able to access treatment more quickly. Both bills now await assignment to the next House committee.
Not For Sale Massachusetts
Rideshare apps such as Uber, Lyft and Doordash are mounting a ballot campaign to bring the proposition 22 fight to Massachusetts. In 2020 California voters approved a ballot initiative (prop 22) that classifies drivers as independent contractors rather than employees taking away several protections, including workers' compensation. A ballot question similar to prop 22 will likely be on Massachusetts residents' ballots come November. In response, several prominent Massachusetts legislators and activists announced the creation of "Not For Sale Massachusetts" this week to oppose the proposed ballot measure in Massachusetts. Worker misclassification is a growing priority on the state and national levels.
Wisconsin DWD released the 2022 Worker Misclassification and Payroll Fraud report.
The Wisconsin Department of Workforce Development (DWD) has released the 2022 Joint Taskforce on Worker Misclassification and Payroll Fraud report. Other states such as PA also released their findings and recommendations earlier this year. Some suggestions to curb worker misclassification include:
- Direct state agencies to continue investigating and working with the Department of Justice to prosecute violations of misclassification laws, such as state statute § 108.24(2) and (2m).
- Require the Department of Justice to make the names of the businesses prosecuted public.
- Amend Chapter 183 of WI state statutes to require the disclosure of all members and managers of domestic and foreign Limited Liability Companies (LLCs) at organization or registration and in annual reports.
- Amend Chapter 183 to include a false filings provision and penalty.
- Amend Chapter 183 to provide for limited enforcement authority by DFI to investigate and refer violations to the Attorney General to enjoin LLC.
- Require the Department of Revenue and (DOR) Department of Workforce Development (DOWD) to create and adopt a unified worker classification questionnaire.
Florida legislators successfully passed HB689
The legislature concluded the 2022 session on Monday. Fiscally the state passed a 112 billion state budget with new federal funds. Democrats and Republicans approved minimum wage increases for state workers, pay boosts for teachers and law enforcement, increased arts funding, and implemented some state tax suspensions. Florida legislators also successfully passed HB689, currently awaiting the Governor's signature. The bill would provide more time for first responders to file a PSTSD/mental health claim. Bill language changes the time to file a claim from the onset of a mental health issue to when a practitioner formally diagnoses the first responder. Once diagnosed, the injured first responder will have 52 weeks to file a claim. Legislators declined to address several issues this session, including medical cannabis, pharmacy benefit manager (PBM's) restrictions, and more robust PTSD/mental health benefits for part-time first responders.
Note: To access audio for the LWU please access audio via Adobe by a.) choosing “view” at the top menu b.) click “activate read out loud” c.) click “read to end of the document”.
Stay connected to all relevant information in workers' compensation and pharmacy by subscribing to our weekly newsletter. For last week's wrap-up, please click here.