Legislative Update – Health & Work Comp Issues that Matter to YOU !

2. Legislative Update – Health & Work Comp Issues that Matter to YOU!

3. Hon. Dean Kirby, Chairman MS Senate Public Health & Welfare Committee

4. Hon. Dean Kirby, Chairman MS Senate Public Health & Welfare CommitteeHon. Gary Chism, Chairman MS House Insurance Committee

5. Hon. Dean Kirby, Chairman MS Senate Public Health & Welfare CommitteeHon. Gary Chism, Chairman MS House Insurance CommitteeHon. Giles Ward, Chairman MS Senate Wildlife, Fisheries and Parks

6. Hon. Dean Kirby, Chairman MS Senate Public Health & Welfare CommitteeHon. Gary Chism, Chairman MS House Insurance CommitteeHon. Giles Ward, Chairman MS Senate Wildlife, Fisheries and Parks Ms. Betty Arinder, Atty. Wells, Marble & Hurst P.A.

7. Discussion of new laws passed in 2013 that affected Health and Workers’ Comp Insurance:

8. Discussion of new laws passed in 2013 that affected Health and Workers’ Comp Insurance: Prohibiting restrictions on assigning of benefits (HB374)

9. Discussion of new laws passed in 2013 that affected Health and Workers’ Comp Insurance: Prohibiting restrictions on assigning of benefits (HB374) Telemedicine must be covered same as in-person services. (SB2209)

10. Discussion of new laws passed in 2013 that affected Health and Workers’ Comp Insurance: Prohibiting restrictions on assigning of benefits (HB374) Telemedicine must be covered same as in-person services. (SB2209) Prior authorization forms for prescription benefits must now be uniform (HB301)

11. Discussion of new laws passed in 2013 that affected Health and Workers’ Comp Insurance: Prohibiting restrictions on assigning of benefits (HB374) Telemedicine must be covered same as in-person services. (SB2209) Prior authorization forms for prescription benefits must now be uniform (HB301) Sales of certain home medical equipment & supplies now state tax-exempt (SB2244)

12. Discussion of laws defeated in 2013 that would have affected Health and Workers’ Comp Insurance:

13. Discussion of laws defeated in 2013 that would have affected Health and Workers’ Comp Insurance: • Increase workers’ comp to 520 weeks and remove cap on perm total (SB 2180)

14. Discussion of laws defeated in 2013 that would have affected Health and Workers’ Comp Insurance: • Increase workers’ comp to 520 weeks and remove cap on perm total (SB 2180) • Require workplace med services and transportation for injured workers (SB 2295)

15. Discussion of laws defeated in 2013 that would have affected Health and Workers’ Comp Insurance: • Increase workers’ comp to 520 weeks and remove cap on perm total (SB 2180) • Require workplace med services and transportation for injured workers (SB 2295) • Require MWCC to hold hearings within certain time period (SB2179)

16. Discussion of laws defeated in 2013 that would have affected Health and Workers’ Comp Insurance: • Increase workers’ comp to 520 weeks and remove cap on perm total (SB 2180) • Require workplace med services and transportation for injured workers (SB 2295) • Require MWCC to hold hearings within certain time period (SB2179) • Prohibit discharge of employee filing Workers’ Comp claim in good faith (HB694)

17. Discussion of laws defeated in 2013 that would have affected Health and Workers’ Comp Insurance: • Increase workers’ comp to 520 weeks and remove cap on perm total (SB 2180) • Require workplace med services and transportation for injured workers (SB 2295) • Require MWCC to hold hearings within certain time period (SB2179) • Prohibit discharge of employee filing Workers’ Comp claim in good faith (HB694) • Require workers’ comp emergency hearing upon request of either party (HB690)

18. Discussion of laws defeated in 2013 that would have affected Health and Workers’ Comp Insurance: • Require workers’ comp coverage to employees who have a nonviolent record (HB113)

19. Discussion of laws defeated in 2013 that would have affected Health and Workers’ Comp Insurance: • Require workers’ comp coverage to employees who have a nonviolent record (HB113) • Require health insurance to cover colorectal cancer examinations (SB2335)

20. Discussion of laws defeated in 2013 that would have affected Health and Workers’ Comp Insurance: • Require workers’ comp coverage to employees who have a nonviolent record (HB113) • Require health insurance to cover colorectal cancer examinations (SB2335) • Require health insurance to cover hearing aids for dependent children (HB111)

21. Discussion of laws defeated in 2013 that would have affected Health and Workers’ Comp Insurance: • Require workers’ comp coverage to employees who have a nonviolent record (HB113) • Require health insurance to cover colorectal cancer examinations (SB2335) • Require health insurance to cover hearing aids for dependent children (HB111) • Require health insurance to cover autism spectrum disorders (HB292)

22. Discussion of laws defeated in 2013 that would have affected Health and Workers’ Comp Insurance: • Require health insurance to cover children under 30 who are veterans (HB341)

23. Discussion of laws defeated in 2013 that would have affected Health and Workers’ Comp Insurance: • Require health insurance to cover children under 30 who are veterans (HB341) • Require health insurance to cover acupuncture (HB1448)

24. Discussion of laws defeated in 2013 that would have affected Health and Workers’ Comp Insurance: • Require health insurance to cover children under 30 who are veterans (HB341) • Require health insurance to cover acupuncture (HB1448) • Require health insurance to cover certain obesity treatments (HB 1573)

25. Discussion of laws defeated in 2013 that would have affected Health and Workers’ Comp Insurance: • Require health insurance to cover children under 30 who are veterans (HB341) • Require health insurance to cover acupuncture (HB1448) • Require health insurance to cover certain obesity treatments (HB 1573) • Increased burden of discovery on collectors/ delinquent bill collection (HB244)

26. Mississippi’s New Worker’s Comp Law –A Brief Review

27. Never the Twain Shall Meet??Health Reform’s Impact on Workers’ Comp February 8, 2011 • A brief history of the Patient Protection and Affordable Care Act. • How Health Reform will affect people and businesses.

28. Historic Legislation… “So proud we passed it… I’m already using it to attract new industry. It is something we’ve needed for a long time… going back to the very first bills I introduced as a freshman legislator…” Phil Bryant Governor of Mississippi

29. Fair & Impartial Interpretation “Fair & Impartial Interpretation” of the law will be restored according to the original intent of the law, putting an end to the practice of allowing the court to favor one party over the other when judicial opinion is persuaded to consider “all sides equal”. By making this change, the act will be fairly and impartially applied to both employers and employees. Section 71-3-1

30. Medical Records Required When Challenging a Claim When a claimant desires to challenge a claim by “controverting”, or going to court, it is only reasonable that some medical records be provided. Under the new law, the claimant will have sixty days to provide these records to the court. 71-3-7

31. Apportionment of Pre-Existing Conditions Apportionment will be reinstituted, allowing pre-existing conditions to be apportioned so that employers hiring previously injured employees are only considered responsible for the permanent effects of a new injury and not the pre-existing one, unless medical evidence shows causal relation. This will restore fairness to the workplace – previously injured Mississippians will be better able to obtain work because employers will no longer fear being made liable for the permanent effects of old injuries, including non-occupationally disabling injuries. Section 71-3-7

32. Enhancements to Employee’s Choice of Physician A change in the statute will remove the ambiguity of who an employee chooses as his or her physician by stipulating that, in addition to other statutory statements as to choice of physician, choice is established once an employee either receives surgery from a physician or receives treatment from a physician for a period of more than six months. Section 71-3-15

33. Significant Increases In Certain Benefits Significant increases will occur in certain benefits, for the first time since 1948, when Mississippi’s current statute took effect. The surviving spouse’s benefit will quadruple, from $250 to $1000. The funeral benefit will more than double, from $2000 to $5000. The disfigurement benefit will also more than double, from $2000 to $5000. And the weekly benefit for vocational rehab will increase from $10 per week to $25 per week. Sections 71-2-17, 19 &25

34. Prevention of Payment to Attorneys on Benefits Voluntarily Paid Attorneys will no longer be paid fees on benefits that the employer voluntarily pays under the law and that the attorney had no role in negotiating. This will help injured workers, allowing them to properly receive all benefits an employer voluntarily pays for every claim, without having unwarranted fees withheld. Section 71-3-63

35. Stronger Measures Against Workplace Drug & Alcohol Use Post-accident drug and alcohol testing will be admissible in workers’ comp proceedings, whether administered by the employer “or otherwise”, ensuring the admissibility of all such tests. Currently, while an employer’s test is considered admissible, the court can disregard a test done by a hospital or other healthcare provider. A change in this practice, along with tougher standards against workplace drug and alcohol use, will result in a fairer process and a safer workplace for Mississippi’s workforce. This provision will also apply to prescription medication that is not taken according to the prescriber’s directions. Section 71-3-121

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