State Legislation

CorVel helps reduce workers’ compensation costs through immediate intervention, claims management, medical treatment plans, return to work programs, medical bill review, preferred provider savings and patient management. Our cost containment solutions are based on a simple formula that combines industry leading bill review, case management expertise and a national PPO built for the casualty market. Each innovation offers Virginia employers improved return to work outcomes and industry leading savings.

CorVel specializes in applying advanced communication and information technology to improve disability management for Virginia employers. Our proprietary solutions can be tailored to your specific state risk management program.

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

 

Legislature Status: Adjourned sine die March 12; will reconvene in larger space outdoors on April 22.

• Virginia Department of Health coronavirus resource page.
• April 15, 2020 – The Governor extended his order closing recreation and entertainment businesses, as well as personal care services, and banning gatherings of more than 10 people, through May 8.
• April 14, 2020 – The Governor announced March revenue results and warned that future reports may reflect significant economic impacts of COVID-19.
• April 13, 2020 – The Governor, researchers from the University of Virginia, and RAND Corporation, released infectious disease modeling on the impact of COVID-19 mitigation in Virginia.
• April 13, 2020 – The Governor announced the expansion of the Department of Education’s online learning system to enable all teachers to host virtual classes.
• April 12, 2020 – The Governor signed a number of laws to protect Virginian workers, including legislation to combat wage theft, ban workplace discrimination, and prohibit non-compete covenants for low-wage workers.
• April 12, 2020 – The Governor proposed an increase to minimum wage and the creation of a work-sharing program to support workers impacted by COVID-19.

Legislation

• HB 340 Relates to emergency laws; relates to civil relief; provides a thirty day stay of eviction and foreclosure proceedings for tenants, homeowners, and owners who rent to a tenant a one to four family residential dwelling unit who request a stay and provide written proof that they are an employee of the United States government. Pending.
• SB 971 Creates the COVID-19 Relief Fund. Pending.
• HB 1985 Establishes a COVID-19 presumption. Pending.
• HB 2207 Establishes a COVID-19 presumption. Enacted.
• SB 1375 Amends state statute to create a COVID-19 statute. Pending.
• HB 1042 Updates lists of public safety employees entitled to infectious disease presumption. Pending.

 

COVID-19 Related Policies

HB 169 – An Act relating to workers’ compensation; occupational disease presumption, correctional officers

Summary:

This measure adds correctional officers to the list of public safety employees who are entitled to a presumption that certain infectious diseases are compensable occupational diseases for workers’ compensation.

Under the measure, hepatitis, meningococcal meningitis, tuberculosis, or HIV causing the death of, or any health condition or impairment resulting in total or partial disability of a correctional officer shall be considered compensable occupational diseases for workers’ compensation.

Under § 53.1-1, a correctional officer is defined as “a duly sworn employee of the Department of Corrections whose normal duties relate to maintaining immediate control, supervision and custody of prisoners confined in any state correctional facility.”

Most Recent Update: On April 11, 2020, this measure was signed by Governor Ralph Northam (D).The provisions of this measure shall take effect on July 1, 2020.

Virginia Regulatory Updates 04/11/2024

HB 30 – Budget Bill.

Issues: Worker’s Compensation (General)

Summary For 03/28/2024

This measure provides various appropriations for the FY 2024-26 biennium, including for Education, Health Care, Workforce Development, and Capital Projects.

This measure would take effect on July 1, 2024.

Most Recent Update:

03/09/2024 –  On March 9, the House passed the conference committee version of this bill by a vote of 62-37. The Senate passed the conference committee version of this bill by a vote of 24-14. On March 25, the enrolled text that passed both the House and Senate was released. This measure is eligible to be sent to Governor Glenn Youngkin (R) for approval.

Additional Outlook:

The March 7 Conference Committee Report adds, alters, and removes various provisions.  The February 18 amendment adds, alters, and removes various provisions.  The January 19 amendments provide various appropriations for education, Medicaid, workforce development, and drug pricing transparency, among other things.  This measure is the companion to SB 30.

HB 205 – Workers’ Compensation; Prompt Payment, Limitation on Claims.

Issues: Worker’s Compensation (General)

Summary For 03/12/2024

This measure would prohibit an employer or workers’ compensation carrier from seeking recovery of a payment made to a health care provider for health care services rendered to a claimant, unless such recovery is sought less than one year from the date payment was made to the health care provider. Current law provides that the prohibition applies only to services rendered after July 1, 2014.

The measure would also prohibit a health care provider from submitting a claim to the Workers’ Compensation Commission contesting the sufficiency of payment for health care services rendered to a claimant unless such claim is filed within one year of the date the last payment is received by the health care provider. Current law provides that the prohibition applies only to services rendered after July 1, 2014.

Most Recent Update:

03/28/2024 – This measure was signed by Governor Glenn Youngkin (R) on March 28. This measure takes effect on July 1, 2024

SB 241 – Workers’ Compensation; Notice of Right to Dispute Claim.

Issues: Worker’s Compensation (General)

Summary For 01/15/2024

This measure requires a workers’ compensation insurer or employer to include in a denial a notice of the employee’s right to dispute the decision. It provides the specific text required.

Most Recent Update:

03/11/2024 – This measure was sent to Governor Glenn Youngkin (R) on March 11.
During a regular or special session, the Governor has seven days to act on a measure after it is presented to him. If the Governor does not act on this measure, it will become law without his signature. If the Governor vetoes the measure, it will be sent back to its chamber of origin with a message explaining the Governor’s objections and recommendations. The Legislature may overturn the veto with a 2/3 majority vote in both legislative chambers.

HB 974 – Workers’ Compensation; Presumption That Certain Injuries Arose Out of Employment.

Issues: Worker’s Compensation (General)

Summary For 01/28/2024

This measure extends a presumption that unexplained falls in the course of employment arose out of that employment, barring a preponderance of evidence otherwise. In effect, it offers workers’ compensation coverage for workplace falls.

Most Recent Update:

03/28/2024 – This measure was vetoed by Governor Glenn Youngkin (R) on March 28. This measure may be sent back to its chamber of origin with a message explaining the Governor’s objections and recommendations. The Legislature may incorporate the Governor’s recommendations into a new final version or overturn the veto with a 2/3 majority vote in both legislative chambers before the session adjourns or during a special veto session.

Additional Outlook: The January 25 amendment details acceptable forms of evidence for proving coverage.

 HB 1300 – ‘Occupational Disease’ Defined.

Issues: Worker’s Compensation (General)

Summary For 01/28/2024

This measure generally excludes repetitive and sustained physical stressors, including repetitive and sustained motions from the definition of an occupational disease for purposes of workers’ compensation coverage. It allows an exception when the employee was exposed to 130 shifts of the causative hazard, in which case they shall be conclusively presumed to constitute injurious exposure.

Most Recent Update:

03/09/2024 – The Virginia General Assembly adjourned on March 9. This measure is ineligible for further consideration.

HB 1418 – Administrative Process Act; exempts certain rules of the Virginia Workers’ Compensation Commission.

Issues: Worker’s Compensation (General)

Summary For 01/29/2024

This measure exempts the regulations of the Workers’ Compensation Commission from the Administrative Procedures Act, provided that opportunity for public comment is afforded prior to adoption.

Most Recent Update:

03/11/2024 – This measure was sent to Governor Glenn Youngkin (R) on March 11.Because the legislature has adjourned, the Governor has 30 days from the date of adjournment to act on this measure. If the Governor does not act on this measure, it will become law without his signature. If the Governor vetoes the measure, it may be absolutely vetoed or sent back to its chamber of origin with a message explaining the Governor’s objections and recommendations. The Legislature may overturn the veto with a 2/3 majority vote in both legislative chambers during a special veto session.

Virginia Regulatory Updates 2/7/2023

SB 1037 – Workers’ Compensation; Notice to Employees.

Issues: Worker’s Compensation (General)

Summary:

This measure requires the employer or insurer to include a notice in workers’ compensation benefits denials. The notice informs employees of their right to appeal to the state.

Most Recent Update:

1/08/2023 This has been scheduled for hearing on January 16 in the Senate Committee on Commerce and Labor, chaired by Senator Richard L. Saslaw (D)The hearing will be open to the public and testimony will be accepted at the discretion of the Chair. Individuals can register to attend the meeting remotely by visiting the committee’s page at https://lis.virginia.gov/231/com/COM.HTM. Attendees may also submit written testimony by contacting the Chair’s office. A vote may occur at the discretion of the Chair. While this measure is on the agenda for this hearing, there is no guarantee that it will be considered.

HB 1763 – Workers’ Compensation; Injuries Caused By Repetitive and Sustained Physical Stressors.

Issues: Worker’s Compensation (General)

Summary:

This measure defines “occupational disease” to includes injuries or diseases from conditions resulting from repetitive and sustained physical stressors, including repetitive and sustained motions, exertions, posture stresses, contact stresses, vibrations, or noises. Repetitive and sustained physical stress is not required to have occurred over a particular period, so long as such a period can be reasonably identified.

Most Recent Update:

1/10/2023 This measure is scheduled to be heard January 26, 2023 in Subcommittee #2 of the House Committee on Commerce and Energy, chaired by Delegate Michael Webert (R).The hearing will be open to the public and testimony will be accepted at the discretion of the Chair. Individuals can register to attend the meeting remotely by visiting the committee’s page at https://lis.virginia.gov/231/com/COM.HTM. Attendees may also submit written testimony by contacting the Chair’s office. A vote may occur at the discretion of the Chair to send this measure for full committee consideration. While this measure is on the agenda for this hearing, there is no guarantee that it will be considered.

HB 1966 – Workers’ Compensation; Failure to Timely Pay Compensation.

Issues: Worker’s Compensation (General)

Summary:

This measure requires that after 2 weeks’ time when a worker’s compensation claim is not paid an addition to the 20 percent penalty will be added along with additional penalties based on the failed attempts to pay the compensation.

Most Recent Update:

1/10/2023 This measure is scheduled to be heard January 26, 2023 in Subcommittee #2 of the House Committee on Commerce and Energy, chaired by Delegate Michael Webert (R).The hearing will be open to the public and testimony will be accepted at the discretion of the Chair. Individuals can register to attend the meeting remotely by visiting the committee’s page at https://lis.virginia.gov/231/com/COM.HTM. Attendees may also submit written testimony by contacting the Chair’s office. A vote may occur at the discretion of the Chair to send this measure for full committee consideration. While this measure is on the agenda for this hearing, there is no guarantee that it will be considered.

HB 2002 – Workers’ Compensation; Premium Discounts For Employers Providing High-Quality Work-Based Learning.

Issues: Worker’s Compensation (General)

Summary:

This measure allows employers to earn a premium discount of 5% on workers’ compensation coverage by employing students.

Most Recent Update:

1/10/2023 This measure is scheduled to be heard January 26, 2023 in Subcommittee #2 of the House Committee on Commerce and Energy, chaired by Delegate Michael Webert (R).The hearing will be open to the public and testimony will be accepted at the discretion of the Chair. Individuals can register to attend the meeting remotely by visiting the committee’s page at https://lis.virginia.gov/231/com/COM.HTM. Attendees may also submit written testimony by contacting the Chair’s office. A vote may occur at the discretion of the Chair to send this measure for full committee consideration. While this measure is on the agenda for this hearing, there is no guarantee that it will be considered.

Virginia Regulatory Updates 4/11/2022

HB 1042 – Workers’ Compensation; Limitation Upon Filing a Claim.

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

Summary:

This measure requires occupational cancer diseases to be filed within two years of the diagnosis for eligible workers’ compensation. This measure requires occupational cancer diseases to be filed within two years of the diagnosis for eligible workers’ compensation. Cancers include leukemia, pancreatic, prostate, rectal, throat, ovarian, breast, colon, brain, or testicular cancer. Eligible workers include volunteer or salaried firefighters, Department of Emergency Management hazardous materials officers, commercial vehicle enforcement officers or motor carrier safety troopers employed by the Department of State  police, or full-time sworn members of the enforcement division of the Department of Motor Vehicles with five years of service.

Most Recent Update: 

3/11/2022  This measure has been sent to Governor Glenn Youngkin (R). The Governor has 30 days to sign or veto this measure. If the Governor does not sign this measure, it will be enacted without a signature. If the Governor vetoes the measure, it will be sent back to its chamber of origin with a message explaining  the Governor’s objections and recommendations which will remove such objections. The Legislature can overturn the Governor’s veto with a 2/3 majority vote in both legislative chambers during a veto session.

Virginia Regulatory Updates 2/3/2022

HB 1002 – Workers’ Compensation; Injuries Caused By Repetitive and Sustained Physical Stressors.

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

Summary:

This measure expands workers’ compensation coverage to include injuries caused by repetitive and sustained physical stressors. This measure expands the definition of “occupational disease” for the purposes of workers’ compensation to include injuries or diseases from conditions resulting from physical stressors, including repetitive and sustained motions, exertions, posture stresses, contact stresses, vibrations, or noises. Any such injuries shall be covered injuries if shown to arise out of and in the course of the employment. This measure strikes a provision which excluded hearing loss and the carpal tunnel syndrome from being considered as occupational diseases.

Most Recent Update: 

1/27/2022 This measure has been scheduled for a hearing on January 27 in the House Committee on Commerce and Energy, Subcommittee 2. The hearing will be open to the public and testimony will be accepted at the discretion of the Chair. A vote may occur at the discretion of the Chair. While this measure is on the agenda for this hearing, there is no guarantee that it will be considered.

HB 1042 – Workers’ Compensation; Limitation Upon Filing a Claim.

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

Summary:

This measure requires occupational cancer diseases to be filed within two years of the diagnosis for eligible workers’ compensation. This measure requires occupational cancer diseases to be filed within two years of the diagnosis for eligible workers’ compensation. Cancers include leukemia, pancreatic, prostate, rectal, throat, ovarian, breast, colon, brain, or testicular cancer. Eligible workers include volunteer or salaried firefighters, Department of Emergency Management hazardous materials officers, commercial vehicle enforcement officers or motor carrier safety troopers employed by the Department of State  police, or full-time sworn members of the enforcement division of the Department of Motor Vehicles with five years of service.

Most Recent Update: 

1/27/2022 This measure has been scheduled for a hearing on February 2 in the House Committee on Commerce and Energy, chaired by Delegate Kathy J. Byron (R) The hearing will be open to the public and testimony will be accepted at the discretion of the Chair. A vote may occur at the discretion of the Chair.  While this measure is on the agenda for this hearing, there is no guarantee that it will be considered.

HB 1056 – Workers’ Compensation; Cancer Presumption; Service Requirement.

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

Summary:

This measure reduces from five to three the years of service required for firefighters to qualify for the cancer presumption of an occupational disease for the purposes of workers’ compensation. This measure establishes that for firefighters to qualify for the cancer presumption of an occupational disease for the purposes of workers’ compensation that three years of service is required.

Most Recent Update: 

1/27/2022 This measure has been scheduled for a hearing on January 27 in the House Committee on Commerce and Energy, Subcommittee 2. The hearing will be open to the public and testimony will be accepted at the discretion of the Chair. A vote may occur at the discretion of the Chair. While this measure is on the agenda for this hearing, there is no guarantee that it will be considered.

HB 742 – Workers’ Compensation; Anxiety Disorder or Depressive Disorder Incurred By Law-Enforcement, Etc.

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

Summary:

This measure allows law enforcement officers and firefighters to receive workers’ compensation for depressive or anxiety orders. This measure allows law enforcement officers and firefighters to receive workers’ compensation for any depressive or anxiety disorder. To qualify, the law enforcement officer or firefighter must be diagnosed by a mental health professional.

Definitions:
“Anxiety disorder” means a disorder that meets the diagnostic criteria for one or more of the anxiety disorders specified in the most recent edition of the Diagnostic and Statistical Manual of Mental Disorders published by the American Psychiatric Association.
“Depressive disorder” means a disorder that meets the diagnostic criteria for one or more of the depressive disorders specified in the most recent edition of the Diagnostic and Statistical Manual of Mental Disorders published by the American Psychiatric Association.
“Firefighter” means any (i) salaried firefighter, including special forest wardens designated pursuant to §10.1-1135, emergency medical services personnel, and local or state fire scene investigator and (ii) volunteer firefighter and volunteer emergency medical services personnel.
“Law-enforcement officer” means any (i) member of the State Police Officers’ Retirement System; (ii) member of a county, city, or town police department; (iii) sheriff or deputy sheriff; (iv) Department of Emergency Management hazardous materials officer; (v) city sergeant or deputy city sergeant of the City of Richmond; (vi) Virginia Marine Police officer; (vii) conservation police officer who is a full-time sworn member of the enforcement division of the Department of Wildlife Resources; (viii) Capitol Police officer; (ix) special agent of the Virginia Alcoholic Beverage Control Authority appointed under the provisions of Chapter 1 (§ 4.1-100 et seq.) of Title 4.1; (x) for such period that the Metropolitan Washington Airports Authority voluntarily subjects itself to the provisions of this chapter as provided in § 65.2-305, officer of the police force established and maintained by the Metropolitan Washington Airports Authority; (xi) officer of the police force established and maintained by the Norfolk Airport Authority; (xii) sworn officer of the police force established and maintained by the Virginia Port Authority; or (xiii) campus police officer appointed under Article 3 (§ 23.1-809 et seq.) of Chapter 8 of Title 23.1 and employed by any public institution of higher education. “Mental health professional” means a board-certified psychiatrist or a psychologist licensed pursuant 40 to Title 54.1 who has experience diagnosing and treating post-traumatic stress disorder, anxiety disorder, or depressive disorder.

This measure does not list an effective date.

Most Recent Update: 

1/27/2022 This measure has been scheduled for a hearing on February 2 in the House Committee on Commerce and Energy, chaired by Delegate Kathy J. Byron The hearing will be open to the public and testimony will be accepted at the discretion of the Chair. A vote may occur at the discretion of the Chair. While this measure is on the agenda for this hearing, there is no guarantee that it will be considered.

HB 926 – Workers’ Compensation; Presumption of Compensability For Certain Diseases.

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

Summary:

This measure establishes that full-time sworn members of the Department of Motor Vehicles Law Enforcement Division who have five years of service apply to the occupational disease presumption for death caused by hypertension or heart disease. This measure establishes the occupational disease presumption for death caused by hypertension or heart disease applies to full-time members of the Department of Motor Vehicles Law Enforcement Division who have at least five years of service.

Most Recent Update: 

1/27/2022 This measure has been scheduled for a hearing on February 2 in the House Committee on Commerce and Energy, chaired by Delegate Kathy J. Byron The hearing will be open to the public and testimony will be accepted at the discretion of the Chair. A vote may occur at the discretion of the Chair. While this measure is on the agenda for this hearing, there is no guarantee that it will be considered.

HB 995 – Workers’ Compensation; Presumption of Compensability For Hypertension, Heart Disease, Covid-19.

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

Summary:

This measure establishes an extension by one year the December 31, 2021, expiration date of the presumption that COVID-19 causing the death or disability of health care providers is an occupational disease compensable under the Workers’ Compensation Act. This measure establishes an extension by one year the December 31, 2021, expiration date of the presumption that COVID-19 causing the death or disability of health care providers is an occupational disease compensable under the Workers’ Compensation Act. This measure establishes the addition of employees of the Department of Juvenile Justice and Department of Corrections to the list of those covered for workers’ compensation if COVID-19 caused death or disability. This measure provides correctional officers to the list of employees for which hypertension or heart disease is considered covered for workers’ compensation, if diagnosed before January 1, 2022.

Most Recent Update: 

1/27/2022 This measure has been scheduled for a hearing on January 27 in the House Committee on Commerce and Energy, Subcommittee 2. The hearing will be open to the public and testimony will be accepted at the discretion of the Chair. A vote may occur at the discretion of the Chair. While this measure is on the agenda for this hearing, there is no guarantee that it will be considered.

SB 289 – Workers’ Compensation; Anxiety Disorder or Depressive Disorder Incurred By Law-Enforcement, Etc.

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

Summary:

This measure provides for compensation for firefighters and law enforcement officers who incur an anxiety or depressive disorders while on duty. This measure applies to worker’s compensation. Under this measure, law enforcement and firefighters are eligible for compensation for any PTSD, anxiety disorder, or depressive disorder if diagnosed as a result of a qualifying event or while in active line of duty. It does not apply if any such disorder is acquired as a result of disciplinary action, job transfer, retirement, or other similar action.

Definitions:
“Anxiety disorder” is defined as a disorder that meets criteria for one or more of the anxiety disorders specified in the most recent edition of the Diagnostic and Statistical Manual of Mental Disorders published by the American Psychiatric Association.
“Depressive disorder” is defined as a disorder that meets criteria for one or more of the depressive disorders specified in the most recent edition of the Diagnostic and Statistical Manual of Mental Disorders published by the American Psychiatric Association.

This measure takes effect July 1, 2022.

Most Recent Update: 

1/11/2022 This measure has been referred to the Senate Committee on Commerce and Labor, chaired by Senator Richard Saslaw (D). The sponsor does not serve on the committee of referral. A timeline for further consideration has not yet been established. This measure is eligible to be heard in committee at the discretion of the chair.

Virginia Regulatory Updates 5/5/2021

HB 1985 – Workers’ Compensation; Presumption of Compensability For Covid-19.

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

Summary:

This measure establishes a COVID-19 presumption. This measure is applicable to COVID-19 worker’s compensation presumption. This measure provides that COVID-19 causing the death of, or any health condition or impairment resulting in total or partial disability of, any health care provider, who as part of the provider’s employment is directly involved in diagnosing or treating persons known or suspected to have COVID-19, will be presumed to be an occupational disease that is covered by this title unless such presumptions are overcome by a preponderance of competent evidence to the contrary. This presumptions will not apply to any person offered by such person’s employer a vaccine for the prevention of COVID-19 with an Emergency Use Authorization issued by the U.S. Food and Drug Administration, unless the person’s physician determines in writing that the immunization would pose a significant risk to the person’s health. The provisions of this measure will be effective retroactive to January 1, 2020.

Most Recent Update: 

3/31/2021 This measure was signed by Governor Ralph Northam (D). This measure will take effect on July 1, 2021 and will be effective retroactive to January 1, 2020.

HB 2207 – Workers’ Compensation; Presumption of Compensability For Covid-19.

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

Summary:

This measure provides for a presumption of compensability for workers’ compensation insurance. COVID-19 that causes the death of or any health condition or impairment that results in a total or partial disability for a firefighter, law enforcement officer, correctional officer, or regional jail officer is considered an occupational disease that was suffered in the line of duty. COVID-19 must be established by a positive diagnostic test for COVID-19, an incubation period consistent with COVID-19, and signs and symptoms of COVID-19 that require medical treatment. The presumption applies to a person entitled to invoke them have, if requested by their employer, undergone pre-employment physical examinations conducted before the claims are made, performed by physicians that are appropriately qualified, included appropriate laboratory or diagnostic studies, and found the person free of COVID-19 at the time of the examination. This provision applies to persons hired after July 1, 2021. The presumptions apply only to persons diagnosed with COVID-19 on or after July 1, 2021 and whose death or disability occurred on or after July 1, 2021. The claimant must also have received a diagnosis of COVID-19 from a licensed physician, after either a presumptive positive test or a laboratory-confirmed test for COVID-19, and presented with signs and symptoms of COVID-19 that required medical treatment. The measure would take effect on July 1, 2021.

Most Recent Update: 

4/7/2021 Both the House of Delegates and Senate concurred with governor’s recommendations. This measure has been enacted. The measure will take effect on July 1, 2021.

SB 1375 – Workers’ Compensation; Presumption of Compensability For Covid-19.

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

Summary:

This measure amends state statute to create a COVID-19 workers’ compensation statute. This measure is applicable to workers’ compensation. This measure provides that COVID-19 causing the death of, or any health condition or impairment resulting in total or partial disability of any firefighter will be presumed to be an occupational disease, suffered in the line of duty, as applicable, that is covered by this measure unless such presumptions are overcome by a preponderance of competent evidence to the contrary. This measure provides that the presumption will only apply to individuals entitled to invoke them for any death or disability occurring on or after September 1, 2020, caused by infection from the COVID-19 virus, provided that for any such death or disability that occurred on or after September 1, 2020, and prior to December 31, 2021, the claimant received a diagnosis of COVID-19 from a licensed physician, after either a presumptive positive test or a laboratory confirmed test for COVID-19, and presented with signs and symptoms of COVID-19 that required medical treatment. This measure will be retroactively effective to September 1, 2020.

Most Recent Update: 

4/7/2021 The House and Senate concurred with the governor’s recommendations. Bills that have been approved still need to be formally signed by the governor, however, it is typically a foregone conclusion that the measure will be enacted if the House/Senate agreed to the governor’s recommendations. There is no specific deadline as to when this measure must be transmitted back to the governor.

Virginia Regulatory Updates 4/2/2021

HB 1985 – Workers’ Compensation; Presumption of Compensability For Covid-19.

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

Summary:

This measure establishes a COVID-19 presumption. This measure is applicable to COVID-19 worker’s compensation presumption. This measure provides that COVID-19 causing the death of, or any health condition or impairment resulting in total or partial disability of, any health care provider, who as part of the provider’s employment is directly involved in diagnosing or treating persons known or suspected to have COVID-19, will be presumed to be an occupational disease that is covered by this title unless such presumptions are overcome by a preponderance of competent evidence to the contrary. This presumptions will not apply to any person offered by such person’s employer a vaccine for the prevention of COVID-19 with an Emergency Use Authorization issued by the U.S. Food and Drug Administration, unless the person’s physician determines in writing that the immunization would pose a significant risk to the person’s health. The provisions of this measure will be effective retroactive to January 1, 2020.

Most Recent Update: 

3/15/2021 This measure was sent to Governor Ralph Northam (D). The governor has until March 31 to sign or veto this measure. If the governor does not sign this measure, this measure will be enacted without a signature. If the governor vetoes this measure, this measure will be sent back to its chamber of origin with a message explaining the Governor’s objections and recommendations which will remove such objections. The Legislature can overturn the governor’s veto with a 2/3 majority vote in both legislative chambers during a veto session.

HB 2207 – Workers’ Compensation; Presumption of Compensability For Covid-19.

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

Summary:

This measure provides for a presumption of compensability for workers’ compensation insurance. COVID-19 that causes the death of or any health condition or impairment that results in a total or partial disability for a firefighter, law enforcement officer, correctional officer, or regional jail officer is considered an occupational disease that was suffered in the line of duty. COVID-19 must be established by a positive diagnostic test for COVID-19, an incubation period consistent with COVID-19, and signs and symptoms of COVID-19 that require medical treatment. The presumption applies to a person entitled to invoke them have, if requested by their employer, undergone pre-employment physical examinations conducted before the claims are made, performed by physicians that are appropriately qualified, included appropriate laboratory or diagnostic studies, and found the person free of COVID-19 at the time of the examination. This provision applies to persons hired after July 1, 2021. The presumptions apply only to persons diagnosed with COVID-19 on or after July 1, 2021 and whose death or disability occurred on or after July 1, 2021. The claimant must also have received a diagnosis of COVID-19 from a licensed physician, after either a presumptive positive test or a laboratory-confirmed test for COVID-19, and presented with signs and symptoms of COVID-19 that required medical treatment. The measure would take effect on July 1, 2021.

Most Recent Update: 

3/15/2021 This measure was sent to Governor Ralph Northam (D). The governor has until March 31 to sign or veto this measure. If the governor does not sign this measure, this measure will be enacted without a signature. If the governor vetoes this measure, this measure will be sent back to its chamber of origin with a message explaining the Governor’s objections and recommendations which will remove such objections. The Legislature can overturn the governor’s veto with a 2/3 majority vote in both legislative chambers during a veto session.

SB 1375 – Workers’ Compensation; Presumption of Compensability For Covid-19.

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

Summary:

This measure amends state statute to create a COVID-19 workers’ compensation statute. This measure is applicable to workers’ compensation. This measure provides that COVID-19 causing the death of, or any health condition or impairment resulting in total or partial disability of any firefighter will be presumed to be an occupational disease, suffered in the line of duty, as applicable, that is covered by this measure unless such presumptions are overcome by a preponderance of competent evidence to the contrary. This measure provides that the presumption will only apply to individuals entitled to invoke them for any death or disability occurring on or after September 1, 2020, caused by infection from the COVID-19 virus, provided that for any such death or disability that occurred on or after September 1, 2020, and prior to December 31, 2021, the claimant received a diagnosis of COVID-19 from a licensed physician, after either a presumptive positive test or a laboratory confirmed test for COVID-19, and presented with signs and symptoms of COVID-19 that required medical treatment. This measure will be retroactively effective to September 1, 2020.

Most Recent Update: 

3/15/2021 On March 31, 2021 Governor Ralph Northam (D) issued a recommendation for this measure. The governor’s amendment would change the effective date of the measure. These changes are now eligible for consideration in the legislature. If adopted by the legislature, this measure will likely be signed by the Governor.

Virginia Regulatory Updates 05/01/2020

HB 438 – An Act relating to Workers’ compensation; post-traumatic stress disorder, law-enforcement officers and firefighters

Issues: Workers’ Compensation (Medical Coverage And Reimbursement)

Summary:

This measure adds post-traumatic stress disorder in law-enforcement officers and firefighters to the list of diseases for which workers’ compensation compensates.

Specifically, post-traumatic stress disorder incurred by a law-enforcement officer or firefighter is compensable under this title if:

1. A mental health professional examines a law-enforcement officer or firefighter and diagnoses the law-enforcement officer or firefighter as suffering from post-traumatic stress disorder as a result of the individual’s undergoing a qualifying event;

2. The post-traumatic stress disorder resulted from the law-enforcement officer or firefighter acting in the line of duty and, in the case of a firefighter, such firefighter complied with federal Occupational Safety and Health Act standards adopted pursuant to 29 C.F.R. 1910.134 and 29 C.F.R. 1910.156;

3. The law-enforcement officer’s or firefighter’s undergoing a qualifying event was a substantial factor in causing his posttraumatic stress disorder;

4. Such qualifying event, and not another event or source of stress, was the primary cause of the post-traumatic stress disorder; and

5. The post-traumatic stress disorder did not result from any disciplinary action, work evaluation, job transfer, layoff, demotion, promotion, termination, retirement, or similar action of the officer or firefighter.

Most Recent Update: The Governor’s recommendations were adopted by the House 95-0 and Senate 40-0 on April 22, 2020. Bills that have been approved still need to be formally signed by the Governor, however, it is typically a foregone conclusion that the measure will be enacted if the House/Senate agreed to the Governor’s recommendations. There is no specific deadline as to when this measure must be transmitted back to the Governor.

HB 617 – An Act relating to workers’ compensation; repetitive motion injuries

Issues: Workers’ Compensation (Medical Coverage And Reimbursement)

Summary:

This measure provides that a physical injury that results from repetitive motion, including carpal tunnel syndrome, shall be treated as an injury by accident for purposes of the Virginia Workers’ Compensation Act.

Any physical injury, including the condition of carpal tunnel syndrome, that arises out of and in the course of employment and that results from repetitive motion shall be treated as an injury by accident for purposes of the Virginia Workers’ Compensation Act (Act). The right to compensation for injuries resulting from repetitive motion shall be forever barred, unless a claim is filed with the Commission within two years from the first communication to the employee by a physician that he suffers from an injury caused by repetitive motion.

Any employee who suffers from a physical injury caused by repetitive motion shall be entitled to the same hospital, medical, and miscellaneous benefits as an employee who has a compensable injury by accident, except that the period during which the employer shall be required to furnish medical attention, including reasonably necessary diagnostic services, shall begin 15 days prior to the first communication of the diagnosis to the employee.

Most Recent Update: On March 31, 2020, this measure was signed by Governor Ralph Northam (D). The provisions of this measure shall take effect on July 1, 2020.

 

HB 783 – A BILL to amend and reenact § 65.2-402 of the Code of Virginia, relating to workers’ compensation; presumption of compensability for certain cancers.

Issues: Workers’ Compensation (Medical Coverage And Reimbursement)

Summary:

This measure amends existing Virginia code regarding coverage of cancer treatment for certain state first responders.

This measure is applicable to health care networks.

This measure adds colon, brain, and testicular to the list of cancers that health care networks are required to cover as occupational diseases for any firefighter, Department of Emergency Management hazardous materials officer, employee of the Department of State Police, or full-time sworn member of the enforcement division of the Department of Motor Vehicles having completed 12 years of continuous service. Coverage will not be required if a preponderance of evidence is provided to show that the cancer is not a result of their occupation.

This measure does not specify a rule making or enforcement process.

*** The 1/23/2020 Committee Substitute stipulates that the provisions of the measure apply only to employees who have completed at least five years of service. ***

*** The 1/29/2020 Committee Amendment stipulates that the presumption of compensability granted under the measure shall not apply for any individual who was diagnosed with a condition covered under the measure before July 1, 2020. ***

Most Recent Update: On March 27, 2020, this measure was signed by Governor Ralph Northam (D).

The provisions of this measure shall take effect on July 1, 2020.

 

SB 9 – Workers’ compensation; presumption of compensability for certain diseases.

Issues: Workers’ Compensation (Medical Coverage And Reimbursement)

Summary:

This measure adds cancers of the colon, brain, or testes to the list of cancers that are presumed to be an occupational disease covered by the Virginia Workers’ Compensation Act when firefighters develop the cancer.

The measure also removes the compensability requirement that the employee who develops cancer had contact with a toxic substance encountered in the line of duty.

The 1/13/2020 committee substitute specifies that only a person who has completed five years of service is eligible for the presumption of compensability established under this measure.

The 1/30/2020 Senate substitute differs from the 1/13/2020 Committee Substitute in that it stipulates that the presumption of compensability for colon, brain, or testicular cancer specified under the measure shall not apply for any individual who was diagnosed with such condition before July 1, 2020.

Most Recent Update: On March 27, 2020, this measure was signed by Governor Ralph Northam (D). The provisions of this measure shall take effect on July 1, 2020.

 

Virginia Regulatory Updates 04/15/2020

HB 649 – An Act relating to workers’ compensation; occupational disease presumption; police dispatchers

Issues: Workers’ Compensation (Medical Coverage And Reimbursement)

Summary:

This measure establishes a presumption of compensability for workers’ compensation for police dispatchers suffering from heart disease or hypertension.

Specifically, the measure states that hypertension or heart disease causing the death of, or any health condition or impairment resulting in total or partial disability of police dispatchers shall be presumed to be occupational diseases, suffered in the line of duty, that are covered by Title 65.2 (Workers’ Compensation) of the Virginia Code unless such presumption is overcome by a preponderance of competent evidence to the contrary.

Most Recent Update: On February 11, 2020, this measure was left in the House Labor and Commerce Committee. This measure has failed upon adjournment of the legislature on March 12, 2020.

HB 733 – A BILL to amend and reenact § 65.2-402 of the Code of Virginia, relating to workers’ compensation; presumption of compensability for certain cancers.

Issues: Workers’ Compensation (Medical Coverage And Reimbursement)

Summary:

This measure amends existing Virginia code regarding coverage of cancer treatment for certain state first responders.

This measure is applicable to health care networks.

This measure adds colon, brain, and testicular to the list of cancers that health care networks are required to cover as occupational diseases for any firefighter, Department of Emergency Management hazardous materials officer, employee of the Department of State Police, or full-time sworn member of the enforcement division of the Department of Motor Vehicles having completed 12 years of continuous service. Coverage will not be required if a preponderance of evidence is provided to show that the cancer is not a result of their occupation.

This measure does not specify a rule making or enforcement process.

Most Recent Update: On January 23, 2020, this measure was heard by the House Labor and Commerce Committee, which incorporated the measure into HB 783 by a voice vote.

HB 783 will be the primary vehicle for this measure going forward.

HB 1536 – An Act relating to workers’ compensation; presumption of compensability for certain diseases

Issues: Workers’ Compensation (Medical Coverage And Reimbursement)

Summary:

This measure adds certain cancers to the list of diseases compensable by workers’ compensation for certain state employees.

The measure applies to any volunteer or salaried firefighter, Department of Emergency Management hazardous materials officer, commercial vehicle enforcement officer or motor carrier safety trooper employed by the Department of State Police, or full-time sworn member of the enforcement division of the Department of Motor Vehicles having completed 12 years of continuous service who has a contact with a toxic substance encountered in the line of duty.

For any such individual as listed above, cancers of the colon, brain, or testes shall be considered compensable diseases under the Virginia Workers’ Compensation Act.

Most Recent Update: On January 23, 2020, this measure was heard by the House Committee on Labor and Commerce and incorporated by HB 783 by voice vote. This measure has failed upon adjournment of the legislature on March 12, 2020.

HB 1558 – A BILL to amend the Code of Virginia relating to the Virginia Workers’ Compensation Act; creation of Ombudsman program.

Issues: Workers’ Compensation (General), Workers’ Compensation (Utilization Review And Appeals)

Summary:

This measure amends existing Virginia code regarding the creation of an Ombudsman program for workers’ compensation.

This measure allows the Commission to create an Ombudsman program to provide neutral educational information and assistance to persons not represented by an attorney. The ombudsman must be licensed by the Virginia State Bar, in active status, and in good standing, and may not advocate for any personal or provide any legal advice. This measure stipulates that all materials in the ombudsman’s case files be considered confidential, as well as all communications.

Most Recent Update: On April 2, 2020, this measure was signed by Governor Ralph Northam (D). The provisions of this measure shall take effect on July 1, 2020.

HB 1596 – An Act relating to workers’ compensation; psychological injuries

Issues: Workers’ Compensation (Medical Coverage And Reimbursement)

Summary:

This measure adds psychological injury from sudden shock and fright to the list of compensable diseases under workers’ compensation

The measure stipulates that any employee who suffers a psychological injury from sudden shock and fright which arises out of and in the course of any employment shall have a compensable claim under this title regardless of whether the incident that caused the sudden shock and fright is either a normal or expected part of the employee’s work.

Most Recent Update: On February 6, 2020, this measure was heard by the House Labor and Commerce Committee and incorporated into HB 438 by a voice vote. This measure has failed upon adjournment of the legislature on March 12, 2020.

 

SB 265 – An Act relating to workers’ compensation; occupational disease presumptions

Issues: Workers’ Compensation (Medical Coverage And Reimbursement)

Summary:

This measure adds correctional officers and certain employees of the Department of Motor Vehicles to the list of occupations entitled to a presumption of compensability for certain occupational diseases.

Specifically, this measure adds correctional officers as defined in § 53.1-1, and (xvi) full-time sworn members of the enforcement division of the Department of Motor Vehicles to the list of compensable employees.

This measure entitles said employees to compensability if suffering from the following diseases: hypertension, heart disease, hepatitis, meningococcal meningitis, tuberculosis, or HIV causing death or any health condition or impairment resulting in total or partial disability.

Most Recent Update: On January 13, 2020, the Senate Commerce and Labor Committee voted 15-0 to strike this measure at the request of the sponsor. This measure has failed upon adjournment of the legislature on March 12, 2020.

 

SB 381 – A BILL to amend and reenact § 65.2-402 of the Code of Virginia, relating to workers’ compensation; presumption of compensability for certain cancers.

Issues: Workers’ Compensation (Medical Coverage And Reimbursement)

Summary:

This measure amends existing Virginia code regarding workers’ compensation for emergency responders and law enforcement personnel who develop certain cancers.

This measure is applicable to emergency responders and law-enforcement personnel.

This measure requires that colon, brain, and testicular cancers be added to the list of cancers that may be considered occupational diseases eligible for worker’s compensation for certain emergency responders and law-enforcement personnel, including that employees are eligible for compensation if they have either had contact with a toxic substance in the line of duty, or participated in responses to fire scenes, either during the fire or afterward during a clean-up or investigation. The measure stipulates that employees are eligible for compensation if they have either had contact with a toxic substance in the line of duty, or participated in responses to fire scenes, either during the fire or afterward during a clean-up or investigation. Eligible cancers will be presumed to be an occupational disease, unless the presumption is overcome by a preponderance of evidence.

This measure does not specify a rule making or enforcement process.

Most Recent Update: On January 13, 2020, the Senate Committee on Commerce and Labor voted 15-0 to incorporate this measure into SB 9, which is similar in content. This measure has failed upon adjournment of the legislature on March 12, 2020.

 

SB 531 – A BILL to amend and reenact § 65.2-402 of the Code of Virginia, relating to workers’ compensation; presumption of compensability for certain cancers.

Issues: Workers’ Compensation (Medical Coverage And Reimbursement)

Summary:

This measure amends existing Virginia code regarding workers’ compensation for emergency responders and law enforcement personnel who develop certain cancers.

This measure is applicable to emergency responders and law-enforcement personnel.

This measure requires that colon, brain, and testicular cancers be added to the list of cancers that may be considered occupational diseases eligible for worker’s compensation for certain emergency responders and law-enforcement personnel, including that employees are eligible for compensation if they have either had contact with a toxic substance in the line of duty, or participated in responses to fire scenes, either during the fire or afterward during a clean-up or investigation. Eligible cancers will be presumed to be an occupational disease, unless the presumption is overcome by a preponderance of evidence.

This measure does not specify a rule making or enforcement process.

Most Recent Update: On January 13, 2020, the Senate Committee on Commerce and Labor voted 15-0 to incorporate this measure into SB 9, which is similar in content. This measure has failed upon adjournment of the legislature on March 12, 2020.

 

SB 741 – An Act relating to workers’ compensation; occupation disease presumptions, PTSD

Issues: Workers’ Compensation (Medical Coverage And Reimbursement)

Summary:

This measure establishes a presumption of compensability for workers’ compensation for certain public employees suffering from PTSD.

This measure applies to the following: any

(i) salaried or volunteer firefighter,

(ii) member of the State Police Officers’ Retirement System,

(iii) member of a county, city, or town police department,

(iv) sheriff or deputy sheriff,

(v) Department of Emergency Management hazardous materials officer,

(vi) city sergeant or deputy city sergeant of the City of Richmond,

(vii) Virginia Marine Police officer,

(viii) conservation police officer who is a full-time sworn member of the enforcement division of the Department of Game and Inland Fisheries,

(ix) Capitol Police officer,

(x) special agent of the Virginia Alcoholic Beverage Control Authority appointed under the provisions of Chapter 1 (§ 4.1-100 et seq.) of Title 4.1,

(xi) for such period that the Metropolitan Washington Airports Authority voluntarily subjects itself to the provisions of this chapter as provided in § 65.2-305, officer of the police force established and maintained by the Metropolitan Washington Airports Authority,

(xii) officer of the police force established and maintained by the Norfolk Airport Authority,

(xiii) sworn officer of the police force established and maintained by the Virginia Port Authority,

(xiv) campus police officer appointed under Article 3 (§ 23.1-809 et seq.) of Chapter 8 of Title 23.1 and employed by any public institution of higher education,

(xv) animal protection police officer or similarly situated employee, or

(xvi) 9-1-1 emergency call taker, dispatcher, or similarly situated employee.

The measure stipulates that if such an employee as listed above receives a diagnosis of post-traumatic stress disorder (PTSD) from a qualified health care provider, suffers death or any impairment resulting in total or partial disability from work caused by the PTSD, and receives a statement from a qualified health care provider that the PTSD was caused by a single critical event or multiple exposures to critical events that occurred in the course of the employment, then the PTSD shall be presumed to be an occupational disease, suffered in the line of duty, that is covered unless such presumption is overcome by a preponderance of competent evidence to the contrary. PTSD that is solely attributed to disciplinary action, work evaluation, job transfer, layoff, demotion, termination, or similar action taken in good faith by an employer shall not be covered by the presumption contained in this measure.

Most Recent Update: On January 28, 2020, this measure was heard by the Senate Appropriations and Finance Committee, which voted 14-0 to incorporate the measure into SB 561. This measure has failed upon adjournment of the legislature on March 12, 2020.

 

SB 924 – An Act relating to workers’ compensation; post-traumatic stress disorder; law-enforcement officers and firefighters

Issues: Workers’ Compensation (Medical Coverage And Reimbursement)

Summary:

This measure adds post-traumatic stress disorder in law-enforcement officers and firefighters to the list of diseases for which workers’ compensation compensates.

Specifically, post-traumatic stress disorder incurred by a law-enforcement officer or firefighter is compensable under this title if:

1. A mental health professional examines a law-enforcement officer or firefighter and diagnoses the law-enforcement officer or firefighter as suffering from post-traumatic stress disorder as a result of the individual’s undergoing a qualifying event;
2. The post-traumatic stress disorder resulted from the law-enforcement officer or firefighter acting in the line of duty and, in the case of a firefighter, such firefighter complied with federal Occupational Safety and Health Act standards adopted pursuant to 29 C.F.R. 1910.134 and 29 C.F.R. 1910.156;
3. The law-enforcement officer’s or firefighter’s undergoing a qualifying event was a substantial factor in causing his posttraumatic stress disorder;
4. Such qualifying event, and not another event or source of stress, was the primary cause of the post-traumatic stress disorder; and
5. The post-traumatic stress disorder did not result from any disciplinary action, work evaluation, job transfer, layoff, demotion, promotion, termination, retirement, or similar action of the officer or firefighter.

Most Recent Update: On January 13, 2020, the Senate Commerce and Labor Committee voted 15-0 to incorporate this measure into SB 561.

This measure has failed upon adjournment of the legislature on March 12, 2020.

 

Virginia Regulatory Updates 04/01/2020

SB 345 – A BILL to amend and reenact § 65.2-402.1 of the Code of Virginia, relating to workers’ compensation; presumption of compensability for certain diseases.

Issues: Workers’ Compensation (Medical Coverage And Reimbursement)

Summary:

This measure amends existing Virginia code regarding expansion of workers’ compensation for infectious disease.

This measure is applicable to correctional officers and members of the enforcement division of the Department of Motor Vehicles.

This measure requires that workers’ compensation of occupational diseases for infectious disease be extended to correctional officers and full-time members of the enforcement division of the Department of Motor Vehicles, so long as they have documented occupational exposure to blood or bodily fluids. In this measure, correctional officer means a duly sworn employee of the Department of Corrections whose normal duties relate to maintaining immediate control, supervision and custody of prisoners confined in any state correctional facility, and blood or bodily fluids means “blood and body fluids containing visible blood and other body fluids to which universal precautions for prevention of occupational transmission of blood-borne pathogens, as established by the Centers for Disease Control.”

This measure does not include any rule making or law enforcement mechanism.

Most Recent Update:

On March 17, 2020, this measure was sent to Governor Ralph Northam (D).

The Governor shall have until April 11, 2020 to approve or veto this measure. If the Governor takes no action, the measure will be enacted without his signature. If the Governor vetoes this measure, the veto can be overridden with a two-thirds vote from both chambers.

 

SB 561 – A BILL to amend the Code of Virginia by adding in Chapter 1 of Title 65.2 a section numbered 65.2-107, relating to workers’ compensation; compensability of post-traumatic stress disorder incurred by a law enforcement officer or firefighter.

Issues: Workers’ Compensation (Medical Coverage And Reimbursement)

Summary:

This measure amends existing Virginia code regarding workers’ compensation for law-enforcement officers and firefighters who require treatment for post-traumatic stress disorder due to the nature of their work.

*** The 1/13 committee substitute SB 561 is identical to the 1/08 introduced version of SB 561 ***

This measure applies to firefighters and law-enforcement officers.

Firefighter is defined to mean all salaried firefighters, including special forest wardens, emergency medical services personnel, and arson investigators, and volunteer firefighters and volunteer emergency medical services personnel. Law enforcement officer means all members of county, city, town, or authority police departments; sheriffs and deputy sheriffs; auxiliary or reserve police and auxiliary or reserve deputy sheriffs, members of the State Police Officers’ Retirement System; and members of the Capitol Police.

This measure requires that insurance providers cover treatment for post-traumatic stress disorder developed by law enforcement officers and firefighters in the line of duty, which includes, but is not limited to, witnessing first-hand the death or maiming of an individual, or viewing a deceased minor. The employee must be evaluated and diagnosed by a mental health professional to be eligible for workers’ compensation. The diagnosis must be primary a result of viewing traumatic bodily injury, and not be a result of any disciplinary action, evaluation, layoff, demotion, termination, or retirement.

Whenever liability to pay compensation under this section is contested by the employer, the employer shall file with the Commission, on or before the thirtieth day after the employer has received a written notice of claim. The notice will be written in accordance with a form prescribed by the chairman of the Commission stating that the right to compensation is contested. The employer must also notify the employee of the contest. The employer must begin payments by the thirtieth day, but can still contest up to the hundred and eightieth day. If employer prevails in their contest, the employee will need to reimburse any payment.

The measure stipulates that covered treatment will be any combination of treatment prescribed by a board-certified psychiatrist or a license psychologist, and must begin within 52 weeks from the date of diagnosis. Neither will covered treatment extend beyond four years of the qualifying traumatic event.

Employers are prohibited from discriminating against an employee for seeking mental health care services. This includes asking the employee to surrender their firearm or any defense weapon that is used in the performance of official duties, unless the employee is only undergoing mental health treatment in order to avoid disciplinary action.

This measure does include enforcement mechanisms. This measure requires that the Departments of Criminal Justice Services and of Fire Programs develop a model critical incident and peer support policy to promote mental health within their departments by September 1, 2020. By January 1, 2021, each employer of law-enforcement officers or firefighters shall adopt and maintain their own model critical incident and peer support policy. Beginning July 1, 2020, police and firefighter trainings will require resilience and self-care technique programs for all new trainees.

Most Recent Update: On March 12, 2020, the Governor printed a substitute, and Senate received the substitute.

The Senate may accept or not accept the Governor’s substitute.

 

Virginia Regulatory Updates 07/01/2019

SB 1729 – Workers’ compensation; payment of claims.

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

Summary:

This measure relates to claim submission requirements regarding workers’ compensation.

This measure prohibits a health care provider from submitting a claim to the Workers’ Compensation Commission seeking additional payment for medical services rendered to a claimant before July 1, 2014, if the health care provider has previously accepted payment for the same medical services pursuant to the federal Longshore and Harbor Workers’ Compensation Act.

This measure prohibits the Commission from adjudicating any such claim.

Most Recent Update: Governor Ralph Northam (D) signed this measure on March 21. The measure becomes effective on July 1, 2019.

 

Virginia Services

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

 

Virginia Resources

Virginia Compensation Website

Virginia Government Website