Connecticut 2025 Regular Session

Connecticut House Bill HB06409 Compare Versions

Version 1 (Old)

Version 2 (New)

Old	New		Differences
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2	2
3		-	LCO 1 of 5
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5		-	General Assembly Substitute Bill No. 6409
	4	+	LCO No. 6576 1 of 5
	5	+
	6	+	General Assembly Committee Bill No. 6409
6	7		January Session, 2025
	8	+	LCO No. 6576
	9	+
	10	+
	11	+	Referred to Committee on LABOR AND PUBLIC EMPLOYEES
	12	+
	13	+
	14	+	Introduced by:
	15	+	(LAB)
7	16
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9	18
10	19		AN ACT CONCERNING UNDUE DELAY IN WORKERS'
11	20		COMPENSATION CLAIMS.
12	21		Be it enacted by the Senate and House of Representatives in General
13	22		Assembly convened:
14	23
15	24		Section 1. Section 31-296 of the general statutes is repealed and the 1
16	25		following is substituted in lieu thereof (Effective October 1, 2025): 2
17	26		(a) If an employer and an injured employee, or in case of fatal injury 3
18	27		the employee's legal representative or dependent, at a date not earlier 4
19	28		than the expiration of the waiting period, reach an agreement in regard 5
20	29		to compensation, such agreement shall be submitted in writing to the 6
21	30		administrative law judge by the employer with a statement of the time, 7
22	31		place and nature of the injury upon which it is based; and, if such 8
23	32		administrative law judge finds such agreement to conform to the 9
24	33		provisions of this chapter in every regard, the administrative law judge 10
25	34		shall so approve it. A copy of the agreement, with a statement of the 11
26	35		administrative law judge's approval, shall be delivered to each of the 12
27	36		parties and thereafter it shall be as binding upon both parties as an 13
28	37		award by the administrative law judge. The administrative law judge's 14
29	38		statement of approval shall also inform the employee or the employee's 15
30	39		dependent, as the case may be, of any rights the individual may have to 16
	40	+	Committee Bill No. 6409
	41	+
	42	+
	43	+	LCO No. 6576 2 of 5
	44	+
31	45		an annual cost-of-living adjustment or to participate in a rehabilitation 17
32	46		program administered by the Department of Aging and Disability 18
33	47		Services under the provisions of this chapter. The administrative law 19
34		-	judge shall retain the original agreement, with the administrative law 20 Substitute Bill No. 6409
35		-
36		-
37		-	LCO 2 of 5
38		-
	48	+	judge shall retain the original agreement, with the administrative law 20
39	49		judge's approval thereof, in the administrative law judge's office and, if 21
40	50		an application is made to the superior court for an execution, the 22
41	51		administrative law judge shall, upon the request of said court, file in the 23
42	52		court a certified copy of the agreement and statement of approval. 24
43	53		(b) Before discontinuing or reducing payment on account of total or 25
44	54		partial incapacity under any such agreement, the employer or the 26
45	55		employer's insurer, if it is claimed by or on behalf of the injured 27
46	56		employee that such employee's incapacity still continues, shall notify 28
47	57		the administrative law judge and the employee, in accordance with 29
48	58		section 31-321, of the proposed discontinuance or reduction of such 30
49	59		payments. Such notice shall specify the reason for the proposed 31
50	60		discontinuance or reduction and the date such proposed discontinuance 32
51	61		or reduction will commence. No discontinuance or reduction shall 33
52	62		become effective unless specifically approved in writing by the 34
53	63		administrative law judge. The employee may request a hearing on any 35
54	64		such proposed discontinuance or reduction not later than fifteen days 36
55	65		after receipt of such notice. Any such request for a hearing shall be given 37
56	66		priority over requests for hearings on other matters. The administrative 38
57	67		law judge shall not approve any such discontinuance or reduction prior 39
58	68		to the expiration of the period for requesting a hearing or the completion 40
59	69		of such hearing, whichever is later. In any case where the administrative 41
60	70		law judge finds that an employer has discontinued or reduced any 42
61	71		payments made in accordance with this section without the approval of 43
62	72		the administrative law judge, such employer shall be required to pay to 44
63	73		the employee the total amount of all payments so discontinued or the 45
64	74		total amount by which such payments were reduced, as the case may 46
65	75		be, and shall be required to pay interest to the employee, at a rate of one 47
66	76		and one-quarter per cent per month or portion of a month, on any 48
67	77		payments so discontinued or on the total amount by which such 49
68	78		payments were reduced, as the case may be, plus reasonable attorney's 50
	79	+	Committee Bill No. 6409
	80	+
	81	+
	82	+	LCO No. 6576 3 of 5
	83	+
69	84		fees incurred by the employee in relation to such discontinuance or 51
70	85		reduction. 52
71	86		(c) (1) If an employer or an employer's insurer objects to the renewal 53
72		-	or approval of a prescription drug medication prescribed by such 54 Substitute Bill No. 6409
73		-
74		-
75		-	LCO 3 of 5
76		-
	87	+	or approval of a prescription drug medication prescribed by such 54
77	88		employee's authorized physician, surgeon, physician assistant or 55
78	89		advanced practice registered nurse, or (2) before an employer or 56
79	90		employer's insurer may discontinue or reduce payment for any 57
80	91		prescription drug medication currently prescribed to an employee by 58
81	92		such employee's physician, surgeon, physician assistant or advanced 59
82	93		practice registered nurse, such employer or employer's insurer shall 60
83	94		notify the administrative law judge and the employee, in accordance 61
84	95		with section 31-321, of the proposed objection or proposed 62
85	96		discontinuance or reduction of such payments. Such notice shall specify 63
86	97		the reason for the proposed objection or proposed discontinuance or 64
87	98		reduction and the date such proposed objection or proposed 65
88	99		discontinuance or reduction will commence. 66
89	100		(d) (1) If an employer or employer's insurer objects to the repair or 67
90	101		approval of durable medical equipment prescribed by such employee's 68
91	102		authorized physician, surgeon, physician assistant or advanced practice 69
92	103		registered nurse, or (2) before an employer or employer's insurer may 70
93	104		discontinue or reduce payment for any durable medical equipment 71
94	105		currently prescribed to an employee by such employee's physician, 72
95	106		surgeon, physician assistant or advanced practice registered nurse, such 73
96	107		employer or employer's insurer shall notify the administrative law 74
97	108		judge and the employee, in accordance with section 31-321, or the 75
98	109		proposed objection or proposed discontinuance or reduction of such 76
99	110		payments. Such notice shall specify the reason for the proposed 77
100	111		objection or proposed discontinuance or reduction and the date of such 78
101	112		proposed objection or proposed discontinuance or reduction will 79
102	113		commence. 80
103	114		[(c)] (e) The employer's or insurer's notice of intention to discontinue 81
104	115		or reduce payments under such agreement or notice of intent to object, 82
	116	+	Committee Bill No. 6409
	117	+
	118	+
	119	+	LCO No. 6576 4 of 5
	120	+
105	121		discontinue or reduce payments of an employee's prescription drug 83
106	122		medication or durable medical equipment shall (1) identify the claimant, 84
107	123		the claimant's attorney or other representative, the employer, the 85
108	124		insurer, and the injury, including the date of the injury, the city or town 86
109	125		in which the injury occurred and the nature of the injury, (2) include 87
110		-	medical documentation that (A) establishes the basis for the objection, 88 Substitute Bill No. 6409
111		-
112		-
113		-	LCO 4 of 5
114		-
	126	+	medical documentation that (A) establishes the basis for the objection, 88
115	127		discontinuance or reduction of payments, and (B) identifies the 89
116	128		claimant's attending physician, physician assistant or advanced practice 90
117	129		registered nurse, and (3) be in substantially the following form: 91
118	130		IMPORTANT 92
119	131		STATE OF CONNECTICUT WORKERS' COMPENSATION 93
120	132		COMMISSION 94
121	133		YOU ARE HEREBY NOTIFIED THAT THE EMPLOYER OR 95
122	134		INSURER INTENDS TO REDUCE OR DISCONTINUE YOUR 96
123	135		COMPENSATION PAYMENTS OR INTENDS TO OBJECT TO, 97
124	136		REDUCE OR DISCONTINUE YOUR PRESCRIPTION DRUG 98
125	137		MEDICATION OR DURABLE MEDICAL EQUIPMENT PAYMENTS 99
126	138		ON .... (date) FOR THE FOLLOWING REASONS: 100
127	139		If you object to the reduction or discontinuance of benefits or the 101
128	140		objection to, reduction or discontinuance of prescription drug 102
129	141		medication or durable medical equipment payments as stated in this 103
130	142		notice, YOU MUST REQUEST A HEARING NOT LATER THAN 15 104
131	143		DAYS after your receipt of this notice, or this notice will automatically 105
132	144		be approved. 106
133	145		To request an Informal Hearing, call the Workers' Compensation 107
134	146		Commission District Office in which your case is pending. 108
135	147		Be prepared to provide medical and other documentation to support 109
136	148		your objection. For your protection, note the date when you received 110
137	149		this notice. 111
138		-	(f) No provisions of subsections (c) and (d) of this section shall apply 112
139		-	when the employee's prescription drug medication or use of durable 113
140		-	medical equipment is discontinued by such employee's authorized 114
141		-	physician, surgeon, physician assistant or advanced practice registered 115
142		-	nurse. 116 Substitute Bill No. 6409
	150	+	(f) No provisions of this section shall apply when the employee's 112
	151	+	Committee Bill No. 6409
143	152
144	153
145		-	LCO 5 of 5
	154	+	LCO No. 6576 5 of 5
146	155
	156	+	prescription drug medication or use of durable medical equipment is 113
	157	+	discontinued by such employee's authorized physician, surgeon, 114
	158	+	physician assistant or advanced practice registered nurse. 115
147	159		This act shall take effect as follows and shall amend the following
148	160		sections:
149	161
150	162		Section 1 October 1, 2025 31-296
151	163
152		-	Statement of Legislative Commissioners:
153		-	In Subsec. (f), "subsections (c) and (d) of" was added before "this section"
154		-	for clarity and accuracy.
	164	+	Statement of Purpose:
	165	+	To limit undue delay by an employer or its insurance carrier in
	166	+	providing compensation for medically necessary treatment or
	167	+	equipment.
155	168
156		-	LAB Joint Favorable Subst. -LCO
	169	+	[Proposed deletions are enclosed in brackets. Proposed additions are indicated by underline, except
	170	+	that when the entire text of a bill or resolution or a section of a bill or resolution is new, it is not
	171	+	underlined.]
	172	+
	173	+	Co-Sponsors: REP. JOHNSON, 49th Dist.; REP. GAUTHIER, 38th Dist.
	174	+	REP. BIGGINS, 11th Dist.; REP. QUINN, 82nd Dist.
	175	+	REP. MENAPACE, 37th Dist.
	176	+
	177	+	H.B. 6409
	178	+
157	179