Oklahoma 2022 Regular Session

Oklahoma House Bill HB2276 Compare Versions

Version 1 (Old)

Version 2 (New)

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3		-	HB2276 HFLR Page 1
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29		-	HOUSE OF REPRESENTATIVES - FLOOR VERSION
30		-
31	28		STATE OF OKLAHOMA
32	29
33	30		1st Session of the 58th Legislature (2021)
34	31
35		-	HOUSE BILL 2276 By: West (Josh) of the House
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37		-	and
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39		-	Thompson of the Senate
	32	+	HOUSE BILL 2276 By: West (Josh)
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45	38		AS INTRODUCED
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47	40		An Act relating to Workers ' Compensation; amending
48	41		Section 13, Chapter 208, O.S.L. 2013 (85A O.S. Supp.
49	42		2020, Section 13), which relates to m ental injury or
50	43		illness; modifying situations in which mental injury
51	44		or illness is a compensable injury; amending 85 O.S.
52	45		2011, Section 380, as amended by Section 45, Chapter
53	46		254, O.S.L. 2013 (85 O.S. Supp. 2020, Section 380),
54	47		which relates to volunteer fi refighters group
55	48		insurance; modifying references; and providing an
56	49		effective date.
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61	54		BE IT ENACTED BY THE PEOPLE OF THE STATE OF OKLAHOMA:
62	55		SECTION 1. AMENDATORY Section 13, Chapter 208, O .S.L.
63	56		2013 (85A O.S. Supp. 2020 , Section 13), is amended to read as
64	57		follows:
65	58		Section 13. A. 1. A mental injury or illness is not a
66	59		compensable injury unless caused by a physical injury to the
67	60		employee, and shall not be considered an injury arising out of and
68	61		in the course and scope of employme nt or compensable unless
	62	+	demonstrated by a preponderance of the evidence; provided, however,
	63	+	that this physical injury limitation shall not apply to any victim
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70		-	HB2276 HFLR Page 2
71		-	BOLD FACE denotes Committee Amendments. 1
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96		-	demonstrated by a preponderance of the evidence; provided, however,
97		-	that this physical injury limitation shall not apply to any victim
98	90		of a crime of violence or to a law enforcement officer, firefighter,
99	91		or emergency medical techni cian on a full-time basis by a
100	92		municipality, county, or the State of Oklahoma, or a volunteer
101	93		firefighter who suffers post traumatic stress disorder, as defined
102	94		herein, while responding to an emergency. For the purpose of this
103	95		section, such employee shal l be referred to as a first responder .
104	96		2. No mental injury or illness under this section shall be
105	97		compensable unless it is also diagnosed by a licensed psychiatrist
106	98		or psychologist and unless the diagnosis of the condition meets the
107	99		criteria established i n the most current issue Fourth Edition of the
108	100		Diagnostic and Statistical Manual of Mental Disorders.
109	101		B. 1. Notwithstanding any other provision of this act, where
110	102		a claim is for mental injury or illness, the employee shall be
111	103		limited to twenty-six (26) weeks of disability benefits unless it is
112	104		shown by clear and convincing evidence that benefits should continue
113	105		for a set period of time, not to exceed a total of fifty -two (52)
114	106		weeks. If the treating physician is of the opinion that the first
115	107		responder is temporarily unable to perform his or her job or any
116	108		alternative work offered by the employer, he or she shall be
117	109		entitled to receive compensation which is the greater of the weekly
118	110		benefit provided for in a collective bargaining agreement or
119	111		according to the policy of the employer, or seventy percent (70%) of
	112	+	the injured employee's average weekly wage not to exceed the state
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121		-	HB2276 HFLR Page 3
122		-	BOLD FACE denotes Committee Amendments. 1
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147		-	the injured employee's average weekly wage not to exceed the state
148	139		average weekly wage. In no event shall disability benefits extend
149	140		beyond fifty-two (52) weeks.
150	141		2. a. In cases where death results d irectly from the mental
151	142		injury or illness within a period of one (1) year,
152	143		compensation shall be paid the dependents as provided
153	144		in other death cases under this act.
154	145		b. Death directly or indirectly related to the mental
155	146		injury or illness occurring one (1) year or more from
156	147		the incident resulting in the mental injury or illness
157	148		shall not be a compensable injury.
158	149		C. 1. In the event the Workers’ Compensation Commission finds
159	150		that a first responder has suffered post traumatic stress disorder
160	151		not accompanied by a physical injury, as defined herein, the
161	152		employer shall provide reasonable and necessary medical treatment
162	153		for such injury, subject to the Oklahoma Workers' Compensation Fee
163	154		Schedule, for a period of no longer than one (1) year. The employer
164	155		shall not be responsible for medical treatment in the form of
165	156		prescription medicine in excess of Ten Thousand Dollars
166	157		($10,000.00).
167	158		2. During any period in which a first responder is temporarily
168	159		unable to perform his or her job, the employer shall pay to maintain
169	160		health insurance coverage for the first responder, if such health
170	161		insurance was in effect on the date of the injury.
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172		-	HB2276 HFLR Page 4
173		-	BOLD FACE denotes Committee Amendments. 1
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198	188		D. "Post traumatic stress disorder", for the purpose of this
199	189		section, means an injury or condition in which a first responder has
200	190		been exposed to a traumatic event and:
201	191		1. Has experienced, witnessed, or was confronted with an event
202	192		that involved actual or threatened death or serious injury, or a
203	193		threat to the physical integrity of others, and the response
204	194		involved fear, helplessness, or hor ror;
205	195		2. The traumatic event is persistently re -experienced in one
206	196		or more of the following ways;
207	197		a. recurrent and intrusive distressing recollections of
208	198		the event,
209	199		b. recurrent distressing dreams,
210	200		c. acting or feeling as if the traumatic event were
211	201		recurring,
212	202		d. intense psychological distress at exposure to cues
213	203		that symbolize an aspect of the traumatic event, or
214	204		e. physiological reactivity on exposure to cues that
215	205		symbolize an aspect of the traumatic event; and
216	206		3. Persistent avoidance of stimuli associate d with the trauma
217	207		and numbing of general responsiveness such as effo rts to avoid
218	208		thoughts, feelings or conversations associated with the trauma,
219	209		markedly diminished interest or participation in significant
220	210		activities, or a feeling of detachm ent or estrangement from others;
221	211		and
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223		-	HB2276 HFLR Page 5
224		-	BOLD FACE denotes Committee Amendments. 1
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249	238		4. Persistent symptoms of increased arousal such as difficulty
250	239		falling or staying asleep, irritability or outbursts of anger,
251	240		difficulty concentrating, or hypervigilance;
252	241		5. The duration of the disturbance is more than one (1) month;
253	242		and
254	243		6. The disturbance causes clinically significant distress or
255	244		impairment in social, occupational and other important areas of
256	245		functioning.
257	246		E. "Volunteer firefighter ", for the purpose of this section,
258	247		means a person who is enrolled as a member of a v olunteer fire
259	248		department with two or less salaried firefighters and who serves in
260	249		such capacity without receiving a regular salary.
261	250		F. Emergency medical technician, for the purpose of this
262	251		section, means a person who holds a license as an emergency medica l
263	252		technician, an intermediate or advanced emergency medical
264	253		technician, or a paramedic, such license issued by the Oklahoma
265	254		State Department of Health to perform emergency medical services in
266	255		accordance with the Oklahoma Emergency Response Systems Developm ent
267	256		Act and the rules and standards promulgated by the State
268	257		Commissioner of Health.
269	258		SECTION 2. AMENDATORY 85 O.S. 2011, Section 380, as
270	259		amended by Section 45, Chapter 254, O.S.L. 2013 (85 O.S. Supp. 2020,
271	260		Section 380), is amended to read as follows:
272	261
273		-	HB2276 HFLR Page 6
274		-	BOLD FACE denotes Committee Amendments. 1
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299	287		Section 380. A. 1. Volunteer fire departments organized
300	288		pursuant to state law may obtain workers' compensation insurance for
301	289		volunteer firefighters through the Volunteer Firefighter Group
302	290		Insurance Pool pursuant to requirements esta blished by CompSource
303	291		Mutual Insurance Company the Office of Management and Enterprise
304	292		Services which shall administer the Pool. For the premium set by
305	293		CompSource Mutual Insurance Company the Office of Management and
306	294		Enterprise Services, the state shall provide Fifty-five Dollars
307	295		($55.00) per firefighter per year. Except as otherwise provided by
308	296		subsection D of this section, the total amount paid by the state
309	297		shall not exceed Three Hundred Twenty Thousand Three Hundred Thirty -
310	298		eight Dollars ($320,338.00) p er year or so much thereof as may be
311	299		necessary to fund the Volunteer Firefighter Group Insurance Pool.
312	300		2. CompSource Mutual Insurance Company The Office of Management
313	301		and Enterprise Services shall collect the premium from state
314	302		agencies, public trusts and other instrumentalities of the state.
315	303		Any funds received by CompSource Mutual Insurance Company the Office
316	304		of Management and Enterprise Services from any state agency, public
317	305		trust, or other instrumentality for purposes of workers'
318	306		compensation insurance pursuant to this section shall be deposited
319	307		to the credit of the Volunteer Firefighter Group Insurance Pool.
320	308		CompSource Mutual Insurance Company The Office of Management and
321	309		Enterprise Services shall collect premiums, pay claims, and provide
322	310		for excess insurance as needed.
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324		-	HB2276 HFLR Page 7
325		-	BOLD FACE denotes Committee Amendments. 1
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350	337		B. CompSource Mutual Insurance Company The Office of Management
351	338		and Enterprise Services shall report, annually, to the Governor, the
352	339		Speaker of the Oklahoma House of Representatives, and the President
353	340		Pro Tempore of the State Senate th e number of enrollees in the
354	341		Volunteer Firefighter Group Insurance Pool, and the amount of any
355	342		anticipated surplus or deficiency of the Pool; and shall also
356	343		provide to the Governor, the Speaker of the Oklahoma House of
357	344		Representatives and the President Pro Tempore of the State Senate
358	345		sixty (60) days advance notice of any proposed change in rates for
359	346		the Volunteer Firefighter Group Insurance Pool.
360	347		C. The amount of claims paid, claim expenses, underwriting
361	348		losses, loss ratio, or any other financial aspect of the Volunteer
362	349		Firefighter Group Insurance Pool shall not be considered when
363	350		determining or considering bids for the amount of any premiums,
364	351		rates, or expenses owed by, or any discounts, rebates, dividends, or
365	352		other financial benefits owed to any other pol icyholder of
366	353		CompSource Mutual Insurance Company the Office of Management and
367	354		Enterprise Services.
368	355		D. Except as otherwise provided by law, any increase in the
369	356		state payment rate for volunteer firefighters under the Volunteer
370	357		Firefighter Group Insurance Po ol shall not exceed five percent (5%)
371	358		per annum. Any proposed change in rates for the Volunteer
372	359		Firefighter Group Insurance Pool must be approved by the Board of
373	360		Directors of CompSource Mutual Insurance Company Office of
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375		-	HB2276 HFLR Page 8
376		-	BOLD FACE denotes Committee Amendments. 1
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401	387		Management and Enterprise Services with notice provided pursuant to
402	388		subsection B of this section. CompSource Mutual Insurance Company
403	389		The Office of Management and Enterprise Services shall not increase
404	390		premiums for the Volunteer Firefighter Group Insurance Pool more
405	391		than once per annum.
406	392		E. For purposes of this section, the term "volunteer fire
407	393		departments" includes those volunteer fire departments which have
408	394		authorized voluntary or uncompensated workers rendering services as
409	395		firefighters and are created by statute pursuant to Section 592 of
410	396		Title 18 of the Oklahoma Statutes, Sections 29 -201 through 29-204 of
411	397		Title 11 of the Oklahoma Statutes, and those defined by Section 351
412	398		of Title 19 of the Oklahoma Statutes.
413	399		SECTION 3. This act shall become effective November 1, 2021 .
414	400
415		-	COMMITTEE REPORT BY: COMMITTEE ON JUDICIARY - CIVIL, dated
416		-	02/24/2021 - DO PASS, As Coauthored.
	401	+	58-1-7201 MAH 01/18/21