State of the States March 7, 2024
National – State lawmakers are working to expand presumption laws that would make post-traumatic stress disorder (PTSD) as a mental health claim. The push to expand workers’ compensation into the mental health space is broadly related to first responders. Historically, the workers’ compensation industry was wary of accepting mental injury claims, which raises some concerns about this new push for expansion.
MedRisk’s 2024 Industry Trends Report was recently released. The report focuses on how psychological factors influence recovery and ultimately provides workers’ compensation industry guidance on evaluating digital musculoskeletal tools. The report aims to answer the following four questions:
- How systems outside of workers’ compensation view physical therapy.
- Where speed to PT plays into financial and medical outcomes.
- How a patient’s initial psychological state impacts recovery.
- The best way to view emerging digital MSK innovations in physical therapy.
Workers’ Compensation costs continue to increase despite inflation and the economic decline. According to Workers’ Compensation Research Institute, since 2022, the general economy has slowed yet, workers' compensation payments are still at levels higher than in 2020.
Colorado – HB24-1220 unanimously passed the House Business Affairs & Labor Committee. HB24-1220 would allow injured workers to receive benefit payments through direct deposit, if requested, and includes loss of an ear to the list of other body parts where employees can receive whole personal permanent impairment benefits. The bill also aims to ensure an injured employee will not be fired if they do not accept an offer of modified employment that involves driving to and from the place of employment if their medical condition restricts the injured workers from driving.
Illinois – This week HB 5625 was assigned to the House Labor & Commerce Committee. HB 5625 would amend worker’s compensation to include college student-athletes. Specifically, the bill expands the definition of employee to all students participating in an athletic program at a college or higher education institute but will only be covered if the injury occurs from an athletic event or an organized training activity.
Kansas – SB 430 would provide workers’ compensation to the Kansas National Guard. The bill aims to increase dependents' death benefits, and compensation for certain disability categories as well as reduce certain functional impairment requirements.
New Mexico – HB 33, also known as the Prescription Price Transparency Act, was signed by the Governor and enacted. As a reminder, HB 33 aims to increase transparency across the prescription drug supply chain. Specifically, this bill would require pharmacy benefit managers (PBMs) to report drug price trends to the superintendent of insurance.
West Virginia – SB 170, if passed, aims to increase identify what diseases would be covered by workers’ compensation for firefighters. According to the bill, it would establish rebuttable presumptions for cardiovascular injury, disease, or pulmonary disease for firefighters. Some of the diseases included are bladder cancer, mesothelioma, and testicular cancer.
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