State of the States September 6, 2024

National - Last month, Occupational Safety and Health Administration (OSHA) announced its proposed rule issuing a heat injury and illness prevention standard for both outdoor and indoor workplaces and shared publication in the Federal Register was forthcoming. This week OSHA published the proposed rule and will be accepting public comments through December 30th. If interested in submitting a comment, you can do so here.  

On August 28, 2024, the U.S. House Committee on Oversight and Accountability sent letters to executives of three major pharmacy benefit managers (PBMs)—CVS Caremark, Express Scripts, and Optum RX—accusing them of lying under oath during Congressional testimony. The letters detail the false statements made and the evidence that contradicts these statements. They also highlight the legal consequences for perjury before Congress, which include fines and up to five years of imprisonment. The PBMs have been given a deadline of September 11, 2024, to amend the Congressional Record. To learn more, check out this article. 

The National Council on Compensation Insurance (NCCI) has published its research titled Impairment Ratings in Workers Compensation: Gaining Insight From Claim Demographics. The study aims to understand the factors influencing impairment ratings and to examine state-by-state variations. NCCI found that the average whole-body impairment rating for permanently disabled workers is 6.5%, with impairment ratings ranging from 4% to 11%. 

Florida – Republican presidential nominee and former president Donald Trump took to social media his support for a Florida ballot initiative that would legalize recreational marijuana use for adults. The initiative if passed would allow adults, 21 and older, to possess up to three ounces of marijuana and five grams of concentrated THC.  

Minnesota – This week, the Department of Labor and Industry (DLI) released its 2024 Minnesota Workers’ Compensation System Report. The report provides trend data from 2002 to the present, covering various aspects of the state’s workers’ compensation system. According to the report, Minnesota remains stable to continue their long-term decline, despite the significant impact of COVID-19 since 2020.  

The Minnesota Department of Labor and Industry announced that registration for their one-day workers’ compensation summit on October 29th will open early next week. The summit will cover topics such as legislative updates, an analysis of workers’ compensation statistical and medical trends, and a review of the state’s compensation market. Registration costs $130 per person and will be open until October 14th. The event will be held in Bloomington. For more information, click here. 

Mississippi – Mississippi Attorney General Lynn Fitch filed a lawsuit against Pharmacy Benefit Managers (PBMs) this week. The lawsuit specifically names two major PBMs, Optum and Express Scripts. According to the lawsuit, Attorney General Fitch alleges that Pharmacy Benefit Managers (PBMs) conspired with opioid manufacturers to overwhelm the market with inexpensive opioids, triggering an addiction crisis.

Wyoming – The Wyoming Department of Workforce Services proposed a 12% reduction in workers’ compensation base rates for 2025. According to the Department, changes in base rates will vary by class, with some businesses potentially seeing reductions of up to 25%. The Department will hold a public hearing on the proposed base rates for 2025 on October 17 in Cheyenne and written comments will be accepted through October 14th.  

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