On March 17th, 2022, the Arizona Senate passed HB2202 by near-unanimous vote showing significant bipartisan support. Lawmakers in the House gave the bill its stamp of approval in late February by a unanimous vote as well. The bipartisan bill sponsored by House Commerce Chairman Rep. Jeff Wenninger aims to improve transparency with the Industrial Commission of Arizona (ICA) to better ensure injured workers and those who provide treatment to them are afforded the ability to comment and examine changes in the workers' compensation process. Touted as a bill based on good government practices and transparency, the proposal includes changes that will provide advanced notices of any alterations to the workers' compensation fee schedule and implement an inclusive process to cultivate solutions to future issues.
HB2202 will require the ICA to facilitate at least one stakeholder meeting
Under HB2202, the ICA, along with posting advanced notices, will also be required to facilitate at least one stakeholder meeting, permitting for input and feedback from various stakeholders, including injured workers. Several states already have formal or informal processes to allow for feedback and offer advanced notice surrounding potential changes. Implementing HB2202 would formally put into place a robust stakeholder process into Arizona state statutes.
ICA to provide advanced notice and review of proposed changes
Language within the bill specifically will require the ICA to provide advanced notice of thirty days to any proposed changes to the fee schedule before a public hearing occurs. The Commission must also give seven business days' notice to allow for review regarding finalized changes. These advanced notifications and relevant materials will be posted to the ICA's website, enabling such information to be available and accessible to the general public. This initiative affords time for injured workers and stakeholders to prepare, comment, and discuss any adjustments to the fee schedule to ensure that the quality of care to injured workers carries on with little to no interruptions.
The proposed legislation does not alter the fee schedule in any way. HB 2202 only provides for a suitable pathway to review proposed changes to the fee schedule with injured workers and industry stakeholders necessary to their treatment before full implementation. With passage, the bill hopes to improve upon the partnership between the public and private sectors to meet the needs of injured workers. Suspension of these provisions may only occur in rare circumstances, such as an official public health emergency order directed from the Governor's Office.
Several proponents have spoken in favor of the bill, including first responder groups such as the Arizona Professional Firefighters Association (AZ PFFA) and the state's Fraternal Order of Police (FOP). No opposition to the bill has been raised throughout the full legislative process. Supporters believe the bill will initiate a consistent, collaborative, and productive process to address workers' compensation issues that may arise down the line.
The stakeholder bill is a win for the voices of injured workers, whose input is vital to safeguarding the workers' compensation process. If fully passed, the legislation will become law with immediate effect. HB2202 will now advance to the Governor's Office where it is anticipated to be signed.