2015 Regular Session ENROLLED SENATE RESOLUTION NO. 218 BY SENATOR BROWN A RESOLUTION To urge and request the Louisiana Workers' Compensation Corporation review and adjust the code and classification of nonskilled home health workers whose duties are currently being classified the same as the more hazardous duties of skilled home health nurses and nurses aides, whose employment duties are skilled in nature. WHEREAS, in 1991 the legislature established the Louisiana Workers' Compensation Corporation when the legislature declared that "an adequate market for workers' compensation insurance is necessary to the economic welfare of the state and that without such insurance, the orderly growth and development of the state would be severely impeded; that, furthermore, adequate insurance for workers' compensation is necessary to enable employers to satisfy their legal obligation" to provide workers' compensation insurance. (R.S. 23:1391(A)); and WHEREAS, in 1991 the legislature further declared that it "is the purpose of the corporation to provide a residual market for those employers that have in good faith, but without success, sought workers' compensation insurance in the voluntary market of insurance; to provide a competitive market for preferred risk policies as defined herein; and to insure that rates charged are adequate to provide solvency and self-funding of the corporation." (R.S. 23:1391(A)); and WHEREAS, elderly and special needs persons require home health services that are nonskilled in nature such as light housekeeping and cooking; and WHEREAS, workers' compensation companies, including Louisiana's own Louisiana Workers' Compensation Corporation, codes and classifies nonskilled home health workers who provide housekeeping and cooking services, the same code and classification as skilled home health workers such as nurses and nurses aides, even though skilled home health workers' duties are more hazardous in nature. Page 1 of 2 SR NO. 218 ENROLLED THEREFORE, BE IT RESOLVED that the Senate of the Legislature of Louisiana does hereby urge and request that the Louisiana Workers' Compensation Corporation review and adjust the code and classification of nonskilled home health workers whose duties are currently being classified the same as the more hazardous duties of skilled home health nurses and nurses aides. BE IT FURTHER RESOLVED that a copy of this Resolution be transmitted to the Louisiana Workers' Compensation Corporation. PRESIDENT OF THE SENATE Page 2 of 2