Maryland 2022 Regular Session

Maryland Senate Bill SB10 Compare Versions

Only one version of the bill is available at this time.

Old	New	Differences
1	1
2	2
3	3	EXPLANATION: CAPITALS INDICATE MAT TER ADDED TO EXISTIN G LAW.
4	4	[Brackets] indicate matter deleted from existing law.
5	5	sb0010
6	6
7	7	SENATE BILL 10
8	8	K1 EMERGENCY BILL 2lr1223
9	9	(PRE–FILED)
10	10	By: Senator Jackson
11	11	Requested: November 1, 2021
12	12	Introduced and read first time: January 12, 2022
13	13	Assigned to: Finance
14	14
15	15	A BILL ENTITLED
16	16
17	17	AN ACT concerning 1
18	18
19	19	Workers’ Compensation – COVID–19 Occupational Disease Presumption 2
20	20
21	21	FOR the purpose of establishing that first responders, public safety employees, and health 3
22	22	care workers are presumed to have an occupational disease that is compensable 4
23	23	under workers’ compensation law after a positive test or diagnosis for COVID–19; 5
24	24	applying this Act retroactively; and generally relating to an occupational disease 6
25	25	presumption for COVID–19 under workers’ compensation law. 7
26	26
27	27	SECTION 1. BE IT ENACTED BY THE GENERAL ASSEMBLY OF MARYLAND, 8
28	28	That: 9
29	29
30	30	(a) (1) In this section the following words have the meanings indicated. 10
31	31
32	32	(2) “COVID–19” means, interchangeably and collectively, the coronavirus 11
33	33	disease known as COVID–19 or 2019–nCoV and the SARS–CoV–2 virus or any of its 12
34	34	variants. 13
35	35
36	36	(3) “First responder or public safety employee” means: 14
37	37
38	38	(i) a career or volunteer member of a fire department, an ambulance 15
39	39	company or squad, or a rescue company or squad, including: 16
40	40
41	41	1. a firefighter; and 17
42	42
43	43	2. an emergency medical technician; 18
44	44
45	45	(ii) a law enforcement officer; 19
46	46
47	47	(iii) a correctional officer; 20
48	48	2 SENATE BILL 10
49	49
50	50
51	51	(iv) a member of the Maryland National Guard; or 1
52	52
53	53	(v) a sworn member of the State Fire Marshal’s office. 2
54	54
55	55	(4) “Health care worker” means an individual whose primary place of 3
56	56	employment is a facility licensed under Title 19 of the Health – General Article or an 4
57	57	individual employed in a health care, home care, or long–term care setting whose duties 5
58	58	include direct patient care or ancillary work in areas where patients diagnosed with 6
59	59	COVID–19 are treated. 7
60	60
61	61	(5) “Occupational disease” has the meaning stated in § 9–101 of the Labor 8
62	62	and Employment Article. 9
63	63
64	64	(b) Notwithstanding any other provision of law, a first responder or public safety 10
65	65	employee or health care worker is presumed to have an occupational disease that is 11
66	66	compensable under Title 9 of the Labor and Employment Article if: 12
67	67
68	68	(1) on or after March 1, 2020, the individual tested positive for or was 13
69	69	diagnosed with COVID–19 within 14 days after a day that the individual performed labor 14
70	70	or services at the individual’s primary workplace or another assigned workplace that is not 15
71	71	the individual’s home at the employer’s direction; and 16
72	72
73	73	(2) the test was performed or the diagnosis was made by a health care 17
74	74	practitioner who is licensed, certified, or otherwise authorized under the Health 18
75	75	Occupations Article to perform the test or make the diagnosis. 19
76	76
77	77	(c) The presumption under subsection (b) of this section is rebuttable with 20
78	78	substantial evidence to the contrary that demonstrates that the individual tested positive 21
79	79	for or was diagnosed with COVID–19 for reasons not arising out of and in the course of 22
80	80	employment. 23
81	81
82	82	SECTION 2. AND BE IT FURTHER ENACTED, That this Act shall be construed to 24
83	83	apply retroactively and shall be applied to and interpreted to affect workers’ compensation 25
84	84	claims filed on or after March 1, 2020. 26
85	85
86	86	SECTION 3. AND BE IT FURTHER ENACTED, That this Act is an emergenc y 27
87	87	measure, is necessary for the immediate preservation of the public health or safety, has 28
88	88	been passed by a yea and nay vote supported by three–fifths of all the members elected to 29
89	89	each of the two Houses of the General Assembly, and shall take effect from the date it is 30
90	90	enacted. It shall remain effective through July 31, 2023, and, at the end of July 31, 2023, 31
91	91	this Act, with no further action required by the General Assembly, shall be abrogated and 32
92	92	of no further force and effect. 33
93	93