State Legislation

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As a service to our clients, CorVel is providing links to information related to the COVID-19 pandemic provided by the states.

Legislature Status: Allowing House members to vote remotely, essentially putting the 203-member body on an indefinite work-from-home policy as cases of the coronavirus continue to increase. The state Senate already had a system for remote voting in place. Both House and Senate are operating under a “12-hour call time,” meaning members should be prepared to vote remotely if called upon.

• Pennsylvania DOH coronavirus resource page.
• April 14, 2020 – The Governor announced businesses that collect Pennsylvania sales tax will not have to make Accelerated Sales Tax prepayments over the next three months.
• April 13, 2020 – The Governor announced the formation of a regional coalition with New Jersey Governor Phil Murphy, Connecticut Governor Ned Lamont, New York Governor Andrew Cuomo, Delaware Governor John Carney, Massachusetts Governor Charlie Baker, and Rhode Island Governor Gina Raimondo to develop a unified regional framework to gradually lift the states’ stay at home orders while minimizing the risk of increased spread of the virus.
• April 10, 2020 – The Governor ordered the Department of Corrections officials to establish a Temporary Program to Reprieve Sentences of Incarceration to help aid the department in the transfer of qualifying individuals to community corrections facilities or home confinement.
• April 10, 2020 – The Governor announced a $450 million loan package to be made immediately available to the commonwealth’s hospitals to provide financial support for working capital to ensure that these facilities have sufficient personnel, equipment, and personal protective equipment.

Legislation

• HR 834  Adopts temporary Rules of the House of Representatives relating to roll call votes, to voting meetings of committees, to consideration of bills, to third consideration and final passage bills, to conference committee reports and to electronic mass communication. Adopted.
• HR 836 Terminates the disaster emergency declared in response to the cases of COVID-19. Pending.
• SB 327 Amends the Administrative Code, providing for COVID-19 emergency statutory and regulatory suspensions and waivers reporting requirements, for COVID-19 debt cost reduction review and for COVID-19 Cost and Recovery Task Force; in powers and duties of the Department of General Services and its departmental administrative and advisory boards and commissions, providing for report of State facilities owned or leased; and making an appropriation. Pending.
• SB 613 Repeals provisions relating to employees with access to Federal tax information; provides for criminal history background checks of employees and contractors with access to Federal tax information; and providing for COVID-19 emergency mitigation plan for businesses. Pending.
• SB 841 Provided for the Health Care Cost Containment Council, for its powers and duties, for health care cost containment through the collection and dissemination of data, for public accountability of health care costs and for health care for the indigent; providing for COVID-19 disaster emergency; in local organizations and services, further providing for general authority of political subdivisions; and, in Uniform Unsworn Foreign Declarations Act, further providing for heading of chapter, for short title of chapter, for definitions, for applicability and for form of unsworn declaration. Pending.
• SB 1096  Transfers all deposits made to the state general fund to the Small Business First Fund for the remainder of the COVID-19 Disaster Emergency proclaimed by the Governor. Pending.
• SB 1100 Relates to emergency finance and tax provisions; exempts a payment received by an individual from the United States through the Coronavirus Aid, Relief and Economic Security Act (Public Law 116-136) from being included as income of the individual for the 2020 tax year for the purposes of the Insurance Company Law of 1921, the Housing Finance Agency Law, and the Human Services Code, among others. Pending.
• SB 1101 Provides for pandemic of 2020 guidelines for food establishments. Pending.
• SB 1102 Provides for pandemic of 2020 guidelines for grocery stores. Pending.
• SB 1103 Provides for a return to business operations under safety conditions; imposes sanctions; provides for functions of the Department of Health and the Legislative Reference Bureau. Pending.
• SB 1104 Relates to emergency finance and tax provisions; exempts a payment received by an individual from the United States through the Coronavirus Aid, Relief and Economic Security Act (Public Law 116-136) from being included in the income, earned income or taxable income of the individual for the 2020 tax year for the purpose of the Local Tax Enabling Act, the Tax Reform Code and the Taxpayer Relief Act. Pending.
• SB 1106 Amends the Enforcement Officer Disability Benefits Law Heart and Lung Act; provides for disability benefits for a person who contracts or is diagnosed with COVID-19 or is subject to quarantine resulting from exposure to COVID-19. Pending.
• SB 1108 Enacts the COVID-19 Emergency Supplement to the General Appropriation Act of 2019. Pending.
• HB 2369  Relates to the Job Enhancement Act, in Community Development Bank Grant and Loan Program; provides for authority loans; makes appropriations. Pending.
• HB 2372 Provides for insurance coverage for business interruption concerning the coronavirus pandemic. Pending.
• HB 2374 Provides for COVID-19 Crisis Fire Company and Emergency Medical Services Grant Program. Pending.
• HB 2386 Provides for COVID-19 disaster emergency business interruption grants. Pending.
• HB 2388 An Act amending The Administrative Code of 1929, providing for emergency COVID-19 provisions that allow car dealerships to remain open during the crisis. Pending.
• HB 2400 Directs the Secretary of Community and Economic Development to immediately issue a waiver to the Governor TWW COVID 19 Business Closure Order to all public and private construction activities that can adhere to the social distancing practices and other mitigation measures defined by the Centers for Disease Control to protect workers and to mitigate the spread of the COVID-19 virus. Pending.
• SB 751 Waives the requirement for schools to be in session at least 180 days, provides for continuity of education plans, ensures school employees are paid during the closure, and provides the Secretary of Education with authority to waive student teacher and standardized assessments. Enacted.
• SB 422 Reschedules the 2020 primary election from April 28 to June 2. and makes other election process changes, including some due to the COVID-19 emergency. Enacted.
• HB 1232 Amends the Fiscal Code, providing for emergency finance and tax provisions; in additional special funds, providing for COVID-19 response transfers and for the Enhanced Revenue Collection Account; in 2018-2019 budget implementation, further providing for Department of Revenue; and making an editorial change. Enacted.
• HB 68 Makes applying for unemployment compensation easier for workers affected by the COVID-19 pandemic. Enacted.

Pennsylvania Regulatory Updates  08/06/2024

SB 1232 – Direct Deposit For Workers’ Compensation Payments

Issues: Workers’ Compensation (General)

Summary:

07/10/2024: This measure requires deposit of workers’ compensation benefits, unless the worker does not have an account capable of accepting direct deposit, in which case payment by paper check is allowed. It requires notice be given to the individual entitled to this manner of compensation. It also outlines basic requirements for a direct deposit authorization form. It takes effect 60 days after enactment.

Most Recent Update: 

• 07/11/2024 – Referred to House Labor and Industry Committee

HB 2490 – An Act Amending the Act of June 2, 1915 (P.L.736, No.338), Known As the Workers’ Compensation Act, In Procedure, Further Providing For Compromise and Release.

Issues: Workers’ Compensation (General)

Summary:

07/10/2024: This measure prohibits an employer from requiring an employee, as a condition of a workers’ compensation settlement, to resign, refrain from reapplying, signing a confidentially agreement, or accepting indemnification for a claim by Medicare. Agreements containing these terms are null and void. Penalties may be applied for employers in violation of this act. It takes effect 60 days after enactment.

Most Recent Update: 

• 07/10/2024 – Introduced; Referred to House Industry and Labor Committee

HB 2310 – An Act Amending the Act of April 9, 1929 (P.L.343, No.176), Known As the Fiscal Code, In Emergency Covid-19 Response, Further Providing For Emergency Education Relief to Nonpublic Schools; Providing For State Health Insurance Exchange Affordability Program; In Treasury Department, Further Providing For Investment of Moneys; In Oil and Gas Wells, Further Providing For Oil and Gas Lease Fund; In Transportation Network Companies, Motor Carrier Companies And Parking Authority of a City of the First Class; Providing For Operation of Taxicabs; In Assessments, Further Providing For Intermediate Care Facilities For Persons With an Intellectual Disability Assessments and For Hospital Assessments; In Attorney General, Providing For Costs of Investigation And Litigation Under Unfair Trade Practices and Consumer Protection Law; Providing For Pennsylvania Minority Business Development Authority and For Agriculture Innovation Grant Program; In Special Funds, Providing For Pennsylvania Convention Center; In Tobacco Settlement Fund, Further Providing For Establishment of Special Fund and Account And For Use of Fund; In Pennsylvania Race Horse Development Fund, Further Providing For Distributions from Pennsylvania Race Horse Development Fund; In Miscellaneous Limitations And Transfers, Providing For Refund of 2009 Assessment By Insurance Department; In Clean Streams Funds, Further Providing For Clean Streams Fund; In Service And Infrastructure Improvement Fund, Further Providing For Deposits; In General Budget Implementation, Further Providing For Executive Offices, For Department of Agriculture, For Department of Community and Economic Development, For Department of General Services, For Department of Labor And Industry, For Pennsylvania Emergency Management Agency And For Commonwealth Financing Authority, Providing For Mixed-Use Revitalization Program, Further Providing For Supreme Court, For Federal and Commonwealth Use of Forest Land and For Multimodal Transportation Fund and Providing For School Safety and Security Fund; In 2023-2024 Budget Implementation, Further Providing For Department of Human Services and For Department of Transportation; Providing For 2024-2025 Budget Implementation, For 2024-2025 Restrictions on Appropriations For Funds and Accounts, For Streamlining Permits For Economic Expansion and Development Program, For Pennsylvania Strategic Investment to Enhance Sites (Pa Sites) Program and For Fiscal Supplements to Statutory Programs; Making Repeals; and Making an Editorial Change….

Issues: Workers’ Compensation (General)

Summary:

07/15/2024: This measure provides various appropriations for fiscal year 2025, among other things. This measure would take effect immediately, except the provisions establishing the PA Sites Program, which would take effect 60 days after enactment.

Most Recent Update: 

• 07/10/2024 – This measure has been signed by Governor Josh Shapiro (D) on July 11, 2024.This measure takes effect on July 11, 2024.

Pennsylvania Regulatory Updates  07/11/2024

SB 1232 – Direct Deposit For Workers’ Compensation Payments n

Issues: Workers’ Compensation (General)

Summary for 06/03/2024

This measure directs deposit of workers’ compensation benefits upon request by employer, employee, or insurer. It requires notice be given to the individual entitled to this manner of compensation.

It takes effect 60 days after enactment.

Most Recent Update: 

• 06/24/2024 – Hearing Held; Passed Committee

Pennsylvania Regulatory Updates  4/20/2023

HM 40220 – Modernizing Standards For Utilization Review In Workers’ Compensation

Issues: Workers’ Compensation (General)

Summary:

This memo would bring utilization review standards for the workers’ compensation system in line with those used for Medicaid and commercial insurance.

Most Recent Update: 

3/17/2023

This co-sponsorship memorandum was released by the author in an attempt to garner support for general issues or specific bills. This memorandum is eligible to be considered in the 2023-2024 legislative session. Not all co-sponsorship memoranda will result in introduced legislation. As the General Assembly does not utilize legislative deadlines, an author may introduce a measure after releasing its co-sponsorship memorandum at any time during the session.

Additional Outlook: According to the sponsor: “I am preparing to introduce legislation that would finally apply standards to the organizations that provided medical treatment review for injured workers in Pennsylvania. Although workers’ compensation works a bit differently as a payment system than other types of insurance, I believe there should be similar medical treatment review standards and time limits for these patients, regardless of the payment system. As you may remember, the General Assembly enacted unanimously bipartisan legislation (Senator Phillips-Hill’s SB 225) in the prior session to provide for standards and timely review of decision-making in group health insurance and Medicaid. My legislation would require the organizations that perform medical treatment review in workers’ compensation to be accredited, just as review organizations in these other health care payment systems must now be accredited. In addition to ensuring that medical treatment review for injured workers is subject to standards that consider medical best practices, leading accreditation standards require specific timeframes for different types of review – which, under current law and regulations, can take up to 65 days for all types of review. By requiring treatment review to be conducted within timeframes recognized as best practices by the accreditation standards, my bill will bring the wait-times for workers’ compensation review more closely in line with those passed unanimously last session. Finally, my bill will allow review organizations who successfully complete the accreditation process to receive reimbursement from the Workers’ Compensation Administration Fund for their accreditation costs.”

HM 40268 – Work-Related Compensation For Hospitalized/Quarantined Frontline Workers

Issues: Workers’ Compensation (General)

Summary:

This memo would create a presumption that during a declared disaster emergency, epidemic, public health emergency, or pandemic, a frontline worker’s medical condition and inability to work due to hospitalization, quarantine, isolation, or other control measures required to control infection or exposure is a direct result of that worker’s work-related duties. It also extends leave for these purposes, without requiring employees to use contractual forms of leave.

Most Recent Update: 

3/22/2023

This co-sponsorship memorandum was released by the author in an attempt to garner support for general issues or specific bills. This memorandum is eligible to be considered in the 2023-2024 legislative session. Not all co-sponsorship memoranda will result in introduced legislation. As the General Assembly does not utilize legislative deadlines, an author may introduce a measure after releasing its co-sponsorship memorandum at any time during the session. Additional Outlook: This memo is a refile of HB 1078 in 2021-2022 and HB 2396 in 2019-2020.

Pennsylvania Regulatory Updates 2/7/2023

HM 39075 – UEGF Proof of Wages Legislation (Former HB 1387)

Issues: Workers’ Compensation (General)

Summary:

This measure amends the Workers’ Compensation Act to require claimants receiving benefits from the Uninsured Employers’ Guaranty Fund (UEGF) to show proof of wages to receive benefits. UEGF will report to the Bureau of Labor Law Compliance and taxing authorities if there are any suspected violations.

Most Recent Update: 

1/3/2023 This co-sponsorship memorandum was released by the author in an attempt to garner support for general issues or specific bills. This memorandum is eligible to be considered in the 2023-2024 legislative session. Not all co-sponsorship memoranda will result in introduced legislation. As the General Assembly does not utilize legislative deadlines, an author may introduce a measure after releasing its co-sponsorship memorandum at any time during the session.

Pennsylvania Regulatory Updates 12/6/2021

HM 36445 – Workers’ Compensation Drug Formulary

Issues: Utilization Review and Appeals, Workers’ Compensation (Prescription Drug Formulary), Workers’ Compensation (General)

Summary:

Representative Ryan E. Mackenzie (R) announced his intent to introduce legislation that would reduce instances of opioid abuse and addiction stemming from Workers’ Compensation Programs (WC). In the memo, the Sponsor said, “Although the COVID-19 pandemic has overshadowed the opioid crisis for the last year, Pennsylvania is still a national leader in overdose deaths. The Morning Call recently reported that the commonwealth is third in overall deaths and sixth in the number of deaths per 100,000 residents. The construction industry has been hit particularly hard. A January 5 Wall Street Journal article cited a 2019 Barclays Research report that found workers in the construction industry were six times more likely to become addicted to opioids than workers in other  manufacturing, industrial, and service industries.

My legislation would require the Pennsylvania Department of Labor and Industry (L&I) to adopt an evidence-based drug formulary for our WC program. Unlike the formulary (preferred drug list) implemented by Governor Wolf for the Medicaid program, which is designed to save costs and push patients toward generic medications, the WC drug formulary will be based on the medical evidence of whether the drug is effective for a specific condition. The adoption of a drug formulary can begin to reduce the over-prescription of opioid painkillers by setting evidence-based standards for the medication that can be prescribed for a WC patient. The drug formularies will be continually updated as new research is reviewed and new evidence indicates a particular drug is appropriate for a diagnosis. L&I will be required to make all formularies adopted by the department available online to the general public. A physician treating an injured worker will also be able to access the formulary online or through specialized software to determine if a medication is consistent with a patient’s diagnosis. If a drug is not consistent with the formulary, it does not necessarily mean that the medication will be denied to the patient, but rather, it will require additional  substantiation to ensure it is needed for the diagnosis.

In addition to helping reduce the over-prescription of opioids and other frequently abused medications, a drug formulary will help to combat price gouging schemes. These schemes include those charging thousands of dollars for a tube of ineffective compound pain creams, or packaging multiple low-priced medications together in a “convenience package” at a markup of several hundred percent. This type of continually evolving price gouging provides no benefit to injured workers but increases the cost of workers’ compensation for the sole purpose of allowing a few bad actors to line their pockets. Finally, my bill will require standards for UROs (Utilization Review Organizations) and PROs (Peer Review Organizations) to ensure that these entities meet the same certification requirements as the organizations that conduct utilization reviews for other types of health insurance. These standards will help to provide consistency to the utilization review and adjudication processes with regard to utilization issues, such as prescription drug abuse.”

Most Recent Update:

11/1/2021 This co-sponsorship memorandum was released by the author in an attempt to garner support for general issues or specific bills. This memorandum is eligible to be considered in the upcoming 2021-2022 session. Not all co-sponsorship memoranda will result in introduced legislation. As the General Assembly does not utilize legislative deadlines, an author may introduce a measure after releasing its co-sponsorship memorandum at any time during the session.

Pennsylvania Regulatory Updates 11/5/2021

SB 749  – An Act Amending the Act of April 17, 2016 (P.L.84, No.16), Known As the Medical Marijuana Act, In Preliminary Provisions, Further Providing For Definitions; In Patients, Further Providing For Prohibitions; And, In Miscellaneous Provisions, Further Providing For Insurers and  For Protections For Patients and Caregivers and Providing For Enforcement and Civil Actions….

Issues: Workers’ Compensation (General), Workers’ Compensation (Medical Coverage and Reimbursement)

Summary:

This measure amends state code in order to state that medical marijuana does not require coverage from insurers or workers’ compensation plans. This measure is applicable to insurance and worker’s compensation coverage of medical marijuana. This measure removes provisions from the state code which stated that employers may prohibit medical marijuana patients from performing certain tasks while under the influence of cannabis. This measure also states that no provision in this measure may be construed to require an insurer or a health plan to provide coverage for medical marijuana. Additionally, no workers’ compensation carrier, self-insured employer, or other insurers will be required to provide coverage for or otherwise reimburse the cost of medical marijuana. This measure will take effect in 60 days.

Most Recent Update:

9/21/2021 At the September 21 hearing, no action was taken on this measure. This measure is eligible for consideration in the committee of referral.

Pennsylvania Regulatory Updates 9/1/2021

SB 319 – An Act Amending the Act of June 2, 1915 (P.L.736, No.338), Known As the Workers’ Compensation Act, In Liability and Compensation, Further Providing For Compensable Injuries, Subrogation and Proration….

Issues: Workers’ Compensation (General)

Summary:

This bill makes a technical correction to the Workers’ Compensation Act. This bill removes “installments of” from “future installments of compensation” in section 319 of the Workers’ Compensation Act. It is effective in 60 days.

Most Recent Update:

6/15/2021 This measure was referred to the House Labor and Industry Committee. This measure is eligible for consideration in the committee of referral.

HB 922 – An Act Amending the Act of June 2, 1915 (P.L.736, No.338), Known As the Workers’ Compensation Act, In Liability and Compensation, Further Providing For Compensable Injuries, Subrogation and Proration….

Issues: Workers’ Compensation (General)

Summary:

This proposed legislation amends the Pennsylvania Worker’s Compensation Act to allow subrogation to and proration for the employer if the employee receives disability or medical expenses or damages from a third party. This proposed legislation amends the Pennsylvania Worker’s Compensation Act to allow  subrogation to and proration for the employer if the employee receives disability or medical expenses or damages from a third party. There are no new enforcement measures or requirement for promulgation of rules or regulations.

Most Recent Update:

6/14/2021 This measure passed the committee with a vote of 22-14. This measure is eligible for consideration in the House Chamber.

Pennsylvania Regulatory Updates 6/3/2021

SB 147 – An Act Amending the Act of June 2, 1915 (P.L.736, No.338), Known As the Workers’ Compensation Act, In Health and Safety, Further Providing For Certification of Safety Committee….

Issues: Workers’ Compensation (Opioid Limits), Workers’ Compensation (General)

Summary:

This measure will require employers who have a certified safety committee as part of their workers’ compensation program to include information about the risks associated with the use of opioids. This measure is applicable to workers’ compensation. This measure provides that an insured employer may make application to the department for the certification of any established safety committee operative within its workplace developed for the purpose of hazard detection, accident prevention and providing information regarding substance abuse, including the risks associated with opioid painkiller use. If enacted this measure will take effect in 60 days.

Most Recent Update:

5/14/2021 The Senate passed this measure by a vote of 47-0. The measure has since been referred to the House Labor and Industry Committee, chaired by Representative Jim Cox (R). This measure awaits further consideration by the Committee.

Pennsylvania Regulatory Updates 4/2/2021

SB 147

Issues: Workers’ Compensation (Opioid Limits), Workers’ Compensation (General)

Summary:

This measure will require employers who have a certified safety committee as part of their workers’ compensation program to include information about the risks associated with the use of opioids. This measure is applicable to workers’ compensation. This measure provides that an insured employer may make application to the department for the certification of any established safety committee operative within its workplace developed for the purpose of hazard detection, accident prevention and providing information regarding substance abuse, including the risks associated with opioid painkiller use. If enacted this measure will take effect in 60 days.

Most Recent Update:

3/16/2021 This measure was referred to Senate Appropriations Committee chaired by Senator Patrick M. Browne (R). This measure awaits further consideration before the committee of referral at the discretion of the chair.

Pennsylvania Regulatory Updates 1/5/2021

HM 33645

Issues: Workers’ Compensation Managed Care, Network Inadequacy, Workers’ Compensation (General)

Summary:

This measure will allow employers to utilize health insurance networks in order to provide workers’ compensation insurance. This measure is applicable to workers’ compensation.

In his memorandum, Rep. David Hickernell (R) writes: “I will be reintroducing HB 1784 from the prior session to improve the workers’ compensation (WC) system in Pennsylvania by providing an option for employers to utilize a healthcare network. Current law only allows employers to utilize a network approach for the first 90 days of treatment. This network option – known in WC as a “provider panel” – has benefited patients.

Working in Pennsylvania has never been safer as employers continue to emphasize and invest in workplace safety and employee health, and as we’ve transitioned to a more service-based economy. The result has been a gradual decline in the number of workplace accidents. At the same time, the average  cost of individual claims continues to increase and can still spiral out of control – which can lead to significant insurance cost increases on employers and worse outcomes for the worker.

Rising healthcare costs is a challenge for all types of health insurance, which is why strategies have been broadly implemented to mitigate costs. Provider networks are one such strategy that is a standard practice in group health, commercial and public health insurance. Network care helps ensure acceptable standards of provider quality and integrity and allows for more effective coordination among health professionals, which helps eliminate unnecessary services, excessive or duplicative treatment and over-prescribing of medication. It also helps prevent abuse from some of the bad apples in the system who use injured workers to enrich themselves rather than focus on patient care.

According to the Workers’ Compensation Research Institute, most states provide employers a managed care option. Many states, like New Jersey for example, allow employers to choose the providers – no network or time limit. It would certainly appear that providing a network option for Pennsylvania employers is a reasonable compromise and aligned with national standards.

The time period in which employers can utilize network care has been increased over the years – from 14 days, to 30 days and eventually 90 days – as its benefits to the patient and system have become apparent.

In recent years, patient satisfaction surveys conducted by the Department of Labor and industry have consistently shown that patients who received treatment though a network were more likely to be satisfied with their care, the timing of their return to work, and more likely to have their rights explained to them.

This experiment has been a demonstrable success and it is time to allow for network care for the duration of the claim. Providing for a network option will help control costs, prevent and combat fraud and abuse and make Pennsylvania more competitive; all while helping to ensure that quality care and employee health remain the top priority.”

This memo does not provide an effective date or rule promulgation specifications.

Most Recent Update:

12/18/2020 This co-sponsorship memorandum was released by the author in an attempt to garner support for general issues or specific bills. This memorandum is eligible to be considered in the 2021-2022 session. Not all co-sponsorship memoranda will result in introduced legislation. As the General Assembly does not utilize legislative deadlines, an author may introduce a measure after releasing its co-sponsorship memorandum at any time during the session. The General Assembly is expected to convene on January 5.

Pennsylvania Regulatory Updates 11/6/2020

SB 1360

Issues: Workers’ Compensation (Medical Coverage And Reimbursement), Workers’ Compensation (General)

Summary:

This measure is applicable to insurance and worker’s compensation coverage of medical marijuana. This measure removes provisions from state code which stated that employers may prohibit medical marijuana patients from performing certain tasks while under the influence of cannabis. This measure also states that no provision in this measure may be construed to to require an insurer or a health plan to provide coverage for medical marijuana. Additionally, no workers’ compensation carrier, self-insured employer or other insurer will be required to provide coverage for or otherwise reimburse the cost of medical marijuana.

This measure, if enacted, will take effect 60 days after the Governor signs it.

Most Recent Update:

10/30/2020 This measure was introduced and referred to the Senate Health and Human Services Committee, where Sen. Michele Brooks (R) serves as chair. This measure is eligible to be scheduled for a hearing.

Pennsylvania Regulatory Updates 10/01/2020

SB 594

Although this measure was scheduled for a hearing on September 29, this measure was ultimately not
considered. This measure is eligible for further committee consideration.

See June 20 Update below for more information.

Pennsylvania Regulatory Updates 07/15/2020

SR 345

Issues: Workers’ Compensation (General), Workers’ Compensation (Opioid Limits)

Summary:

This measure states that the construction industry is encouraged to promote awareness of the dangers of opioids and prescription drug abuse with workers in the industry and facilitate discussions and events such as “Drug Take Back” events to combat the opioid and prescription drug abuse epidemic in Pennsylvania’s construction industry.

This resolution will be effective once it is adopted by the Senate.

Most Recent Update: On July 13, this measure was introduced and referred to the Senate Rules and Executive Nominations Committee. This measure is eligible to be scheduled for a hearing.

Pennsylvania Regulatory Updates 07/01/2020

HR 913

Issues: Workers’ Compensation (General), Workers’ Compensation (Opioid Limits)

Summary:

This measure designates the week of July 27 through 31, 2020, as “Construction Opioids Awareness Week” in Pennsylvania. This measure also encourages the construction industry in Pennsylvania to promote awareness of the dangers of opioids and prescription drug abuse with workers in the industry and to facilitate discussions and events such as “Drug Take Back,” to combat the opioid and prescription drug abuse epidemic.

Most Recent Update: On June 23, this measure was introduced and referred to the House Labor and Industry Committee, which is chaired by Rep. Jim Cox (R). This measure is eligible to be scheduled for a hearing.

SM 31995

Issues: Workers’ Compensation (General), Workers’ Compensation (Opioid Limits)

Summary:

In order to raise awareness for opioid and prescription drug abuse in the construction industry, this resolution will recognize the last full week in July (July 27-31, 2020) as “Construction Opioid Awareness Week” in Pennsylvania.

Most Recent Update: This co-sponsorship memorandum was released by the author in an attempt to garner support for general issues or specific bills. This memorandum is eligible to be considered during the 2019-2020 session. Not all co-sponsorship memoranda will result in introduced legislation. As the General Assembly does not utilize legislative deadlines, an author may introduce a measure after releasing its co-sponsorship memorandum at any time during the session.

Pennsylvania Regulatory Updates 06/15/2020

HM 31950

Issues: Workers’ Compensation (General), Workers’ Compensation (Opioid Limits)

Summary:

In order to raise awareness for opioid and prescription drug abuse in the construction industry, this resolution will recognize the last full week in July (July 27-31, 2020) as “Construction Opioid Awareness Week” in Pennsylvania.

Most Recent Update: This co-sponsorship memorandum was released by the author in an attempt to garner support for general issues or specific bills. This memorandum is eligible to be considered during the 2019-2020 session. Not all co-sponsorship memoranda will result in introduced legislation. As the General Assembly does not utilize legislative deadlines, an author may introduce a measure after releasing its co-sponsorship memorandum at any time during the session.

Pennsylvania Regulatory Updates 06/02/2020

SB 594 – An act amending the act of june 2, 1915 (p.l.736, no.338), known as the workers’ compensation act, in health and safety, further providing for certification of safety committee.

Issues: Workers’ Compensation (General), Workers’ Compensation (Opioid Limits)

Summary:

This measure sets up opioid use risk safety committees for workers’ compensation safety requirements.

This measure allows an insured employer to make an application to the department for the certification of any established safety committee operative within its workplace developed for the purpose of providing information regarding the risks associated with opioid painkiller use.

Most Recent Update: On May 28, this measure was referred to the House Labor and Industry Committee, which is chaired by Rep. Jim Cox (R). Previously, this measure passed the Senate on May 27 by a vote of 50-0. This measure is eligible to be scheduled for a hearing.

Pennsylvania Regulatory Updates 05/01/2020

HB 1784 – An act amending the act of june 2, 1915 (p.l .736, no.338), known as the workers’ compensation act, in liability and compensation, further providing for schedule of compensation; and, in uninsured employers guaranty fund, further providing for claims.

Issues: Workers’ Compensation (General), Workers’ Compensation (Networks)

Summary:

This measure removes the 90-day cap for time period in which employers can utilize network care.

This measure also removes language stating that subsequent treatment may be provided by any health care provider of the employee’s own choice and removes the requirement that any employee receiving treatment from a non-designated health care provider must provide notification to their employer within 5 days of their first visit and that failure to notify the employer relieves the employer for liability of the payment for services if the services are determined to be unnecessary.

Most Recent Update: This measure has been introduced and referred to the House Labor and Industry Committee, chaired by Representative Jim Cox (R).

This measure is awaiting action in the Committee of referral.

HM 28852 – Workers’ compensation healthcare network

Issues: Workers’ Compensation (Networks), Workers’ Compensation (General)

Summary:

Representative David Hickernell (R) has announced his intention to address providing employers with an option to use a workers’ compensation healthcare network.

In his statement: “I will be introducing legislation to improve the workers’ compensation (WC) system in Pennsylvania by providing an option for employers to utilize a healthcare network. Current law only allows employers to utilize a network approach for the first 90 days of treatment. This network option – known in WC as a ‘provider panel’ – has benefited patients. “

“The PA Department of Labor and Industry conducts regular surveys of injured workers’ and a series of questions delve into patient experience as it relates to network care. The survey consistently shows that patients have better experience and outcomes when their employers provide a network option. The most recent survey released in 2017 showed that patients who received treatment though a network were more likely to be satisfied with their care, the timing of their return to work; and more likely to have their rights explained to them. Indeed, the survey also found that injured workers who did not have access to a network on average lost 33 percent more work days. Utilization of networks also helps control costs without compromising patient care.”

“Working in Pennsylvania has never been safer as employers continue to emphasize and invest in workplace safety and employee health, and as we’ve transitioned to a more service-based economy. The result has been a gradual decline in the number of workplace accidents. At the same time, the average cost of individual claims continues to increase and can still spiral out of control – which can lead to significant insurance cost increases on employers and worse outcomes for the worker.”

“Rising healthcare costs is a challenge for all types of health insurance, which is why strategies have been broadly implemented to mitigate costs. Provider networks are one such strategy that is fairly standard in group health, commercial and public health insurance. Network care helps ensure acceptable standards of provider quality and integrity and allows for more effective coordination among health professionals, which helps eliminate unnecessary services, excessive or duplicative treatment and over-prescribing of medication. It also helps prevent abuse from some of the bad apples in the system who use injured workers to enrich themselves rather than focus on patient care. We have seen such examples recently in Pennsylvania and they are unacceptable.”

“According to the Workers’ Compensation Research Institute, most states provide employers a managed care option. Many states, like New Jersey for example, allow employers to choose the providers – no network or time limit. It would certainly appear that providing a network option for Pennsylvania employers is a reasonable compromise and aligned with national standards. “

“The time period in which employers can utilize network care has been increased over the years – from 14 days, to 30 days and eventually 90 days – as its benefits to the patient and system have become apparent. This experiment has been a demonstrable success and it is time to allow for network care for the duration of the claim. “

“Providing for a network option will help control costs, prevent and combat fraud and abuse and make Pennsylvania more competitive; all while helping to ensure that quality care and employee health remain the top priority. “

Most Recent Update: This measure was formally introduced as HB 1784.

HB 1784 will act as the main vehicle for this measure going forward.

Pennsylvania Regulatory Updates 04/01/2020

SM 31491 – Covid-19 Presumed Disease For Essential Employees Under Workers Compensation

Issues: Workers’ Compensation (Medical Coverage And Reimbursement)

Summary:

Senator Christine M. Tartaglione (D) has announced her intent to sponsor legislation to support essential workers in the time of coronavirus.

In the memo, she said: “I invite you to join me in sponsoring important legislation that will assist our nurses, doctors, EMS, police, firefighters, pharmacists, grocery store employees and so many others are on the frontlines right now. These essential employees are protecting our well-being by keeping our health facilities operating, transporting our vulnerable family members and neighbors to get care, and making sure emergency services available and ensure that we have access to food and necessary goods for our families.

Workers compensation benefits are currently available to them if they get Coronavirus; however, they’re still required to prove that COVID-19 is occurring more in their occupation than in the general population.

Given the sacrifices that these essential employees are making to keep us safe and our households running, this legislation would eliminate this burden of proof on workers who have contracted COVID-19. Under this bill, Coronavirus will be presumed to be an occupational disease for employees of life-sustaining businesses and occupations.”

Most Recent Update:

This co-sponsorship memorandum was released by the author in an attempt to garner support for general issues or specific bills. This memorandum is eligible to be considered in the upcoming 2019-2020 session. Not all co-sponsorship memoranda will result in introduced legislation. As the General Assembly does not utilize legislative deadlines, an author may introduce a measure after releasing its co-sponsorship memorandum at any time during the session.

Pennsylvania Services

• Workers’ compensation claims administration
• Medical bill review in compliance with state requirements
• Local PPO development and management
• Case management services

Pennsylvania Resources

Pennsylvania Compensation Website

Pennsylvania Government Website