State of the States April 5, 2024

National – The Workers’ Compensation Research Institute (WCRI) discovered that injured workers using nonprivate insurance had higher chances of psychosocial risk factors and heightened associated risk and outcomes according to a new study.  The study addresses the following questions: 

• How prevalent are psychosocial risk factors in low back pain patients receiving physical therapy in workers’ compensation? 
• Does the prevalence of these factors vary across different payor types and patient groups? 
• Do patients, with and without psychosocial risk factors, recover differently? 
• To what extent do the psychosocial risk factors explain differences in physical therapy outcomes observed between workers’ compensation and non-workers’ compensation patients? 

To read more about the study, click here.  

Enlyte released its quarterly medical price index report.  The report analyzes medical bills for trends and provides a medical price index (MPI) specific to P&C claims. The report includes observations from the period Q1 2017 through the end of Q3 2023 coverage.  

Arizona – HB 2274 was scheduled to be heard in a Rules Committee hearing on April 1st, 2024. As a reminder, HB 2274, if passed, would include workers' compensation coverage for firefighters and certified peace officers diagnosed with Post-Traumatic-Stress Disorder (PTSD) to cover a treatment protocol of MDMA (ecstasy) as prescribed by a healthcare provider.

Delaware – SB 194 passed the Senate and has been sent to the House. SB 194 is strongly favored in the Democratic party with three Democratic Senator sponsors and seven cosponsors. SB 194 if passed, would allow pharmacists to provide HIV pre-exposure and post-exposure prophylaxis treatments. 

Louisiana – Representative Michael Echols (R) introduced HB 870 in the House this week. HB 870 aims to ensure fair and consistent reimbursement practices within the Louisiana workers’ compensation system. Specifically, the bill establishes a reimbursement schedule for drugs, supplies, and medical treatment. 

New Mexico –New Mexico’s Supreme Court unanimously ruled that if a law limits the duration of benefits for subsequent mental repairments to the duration of benefits allowed for the physical condition, it would ultimately violate the equal protection clause in the Constitution. The sections in question, sections 52-1-41 (C) and 52-1-42 (A), would have imposed limits on benefits for mental injuries that are different from the limits on physical injury benefits. 

Oregon – Governor Tina Kotek of Oregon signed SB 1580 into law. SB 1580 will create criminal penalties for employers that adjust payroll records to lower workers’ compensation premiums. According to the bill, violators could face a maximum fine of $125,000 plus financial restation.  

Texas – The Texas Department of Insurance, Division of Workers’ Compensation (DWS) will now be accepting public comments on the proposed rule amending 28 Texas Administrative Code (TAC) Chapter 147. According to the rule, the amendments will include condensing sections to be more organized and easier to navigate; removing sections and subsections that are outdated as well as any references to penalties specific to certain violations of agreements and settlements; and updating citations and other agency style editorial changes. The proposed rule will be published on April 5, 2024, on the TDI website. The deadline to submit comments is May 6, 2024, at 5 pm ET. To learn more, click here.  

Virginia – HB 1067 was approved by the Governor and will be effective July 1, 2024. HB 1067 expands allowable duties for pharmacy technicians. Specifically, the bill allows pharmacy technicians to refill a prescription issued for a Schedule VI drug. In addition, the bill also allows pharmacy technicians to accept electronic transfers to refill Schedule VI drugs upon request of a pharmacist in charge.  

HB 974 passed both the House and the Senate, but late last week, Governor Glenn Youngkin vetoed the legislation. HB 974 would have allowed injured employees to use circumstantial evidence and testimonials as a burden of proof that a fall is work-related.  

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