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State of the States March 10, 2022

State of the States Nov 15

The American Society for Clinical Oncology (ASCO) voiced its concerns regarding stricter opioid guidelines.
National
The American Society for Clinical Oncology (ASCO) is voicing its concerns regarding recent opioid legislation in certain states, saying that it may harm patients with cancer. A recent study in the Journal of Clinical Oncology shows that opioid utilization among terminally ill patients with cancer substantially declined from 2007 to 2017. However, this change also gave rise to increased pain-related emergency department visits indicating that cancer pain management may be worsening. One of the authors MD Alexi Wright of the Dana Farber Cancer Institute in Boston, says there are unintended consequences of strict opioid restrictions. Wright states that “instead of being in the comfort of their home (cancer patient), with their pain managed, these patients are spending time during the last days of their lives sitting in a crowded emergency room waiting for pain meds. That’s an unintended consequence of the backlash created by very tough laws enacted to restrict overprescribing-something I’m sure nobody
writing the laws expected.” The study comes at the same time the CDC is reviewing new opioid guidelines. 

 

Captive insurance owners may be more willing to pay workers’ compensation benefits amid the “great resignation” where it is becoming increasingly difficult to recruit/retain workers.

NationalCaptive insurance owners may be more willing to pay workers’ compensation claims amid the great resignation, which continues to pose labor problems to key economic industries. Experts say they see a change in employer perspectives regarding worker’s compensation benefits. Instead of nickel and diming comp claims, some employers see workers’ comp as an opportunity to retain their employees and focus on how soon they can get their injured employees back to work. Captive insurance owners are also focusing on improving safety and return-to-work programs to aid employee retention efforts. 

 

Arizona Senate Commerce passed HB2202 which would create a stakeholder process for future fee schedule changes.

AZHB2202, passed the Senate Commerce Committee yesterday by a unanimous vote. The bill requires the ICA to post changes to the fee schedule in advance and facilitate at least one meeting with interested stakeholders. Posting of the fee schedule changes must be made available on the ICA’s website to the general public. In late February, the bill passed the House unopposed and is expected to see a similar result in the Senate. No opposition to the bill has been filed or recorded throughout the legislative process. Since approved by Senate Commerce Committee, the bill will likely be given a floor vote soon. If fully passed, the bill will take effect immediately as it is considered an emergency provision. 

 

Florida legislators approved HB689 which will give more time to first responders suffering from PTSD/mental health issues to file a workers’ compensation claim.

FLHB689 passed the House and Senate. The bill aims to alter the claim timeframe for injured first responders with PTSD/mental health issues. Under current Florida law, first responders must file notices within 90 days of the qualifying event or manifestation of the mental disorder. HB 689 changes the law so that first responders would have 90 days after being diagnosed with PTSD to file a notice of claim with their employer. Any claim not filed within 52 weeks of the PTSD diagnosis would be barred. By changing the conditions of application eligibility to 90 days after being diagnosed rather than from the event date of the disorder occurred, this alteration allows many first responders to qualify and access benefits necessary for their mental health. The bill now moves to the Governor’s desk for final consideration. 

 

New York Workers’ Compensation Board (WCB) released its new online web platform OnBoard on March 7th that will coincide with compliance for the state formulary.
NY
Phase one of the three-part implementation process for the fully online OnBoard system commenced on Monday. OnBoard replaces much of the paper-based system for the NY Workers’ Compensation Board (NYWCB). The system's release will coincide with other changes for providers and stakeholders, including formulary compliance. As of March 7th, ALL prescription medication refills and renewals must comply with the state drug formulary. Please check our blog post for more information. 

 

Washington lawmakers are poised to pass a bill to further regulate rideshare apps to ensure drivers have access to benefits such as workers’ compensation.
WA
HB2706 passed the Senate this week after passing the House last month. The bill is one of the first to boost protections for rideshare drivers, including retaining workers’ compensation benefits and holds support from organized labor groups. Since proposition 22’s passage in California, rideshare apps like Uber, Lyft, and Doordash have looked to change laws that favor workers classification as independent contractors rather than employees. Independent contractor status denies several benefits and protections, including workers’ compensation. Washington lawmakers, through HB2706, would classify rideshare drivers as employees, which affords them other protections, including paid sick leave, workers' compensation, and a minimum pay rate during fares. While the bill may receive the Governor’s signature, the proposal is still at risk of facing a ballot measure similar to proposition 22 that could overturn the legislation. 

 

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