Oklahoma 2022 Regular Session

Oklahoma House Bill HB3899 Compare Versions

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	3	+	HB3899 HFLR Page 1
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28		-	ENGROSSED HOUSE
29		-	BILL NO. 3899 By: Kannady of the House
	29	+	HOUSE OF REPRESENTATIVES - FLOOR VERSION
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31		-	~~and~~
	31	+	STATE OF OKLAHOMA
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33		-	Howard and Thompson of the
34		-	Senate
	33	+	2nd Session of the 58th Legislature (2022)
	34	+
	35	+	HOUSE BILL 3899 By: Kannady
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	39	+	AS INTRODUCED
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40	41		An Act relating to Workers ' Compensation; amending
41		-	85A O.S. 2021, Section 13, which relates to certain
42		-	injuries related to mental health; providing for
43		-	computation of benefits for certain persons;
44		-	providing for temporary pension benefits; imposing
45		-	limit on total period for disability benefits;
46		-	providing for award of permanent total disability
47		-	based upon maximum medical improvement; providing for
48		-	payment of benefits based on certain injury; imposing
49		-	time limit on benefits; imposing limit on employer
50		-	responsibility for prescri ption medicine; defining
51		-	terms; providing for transfer of payment for claims
52		-	or increased premiums incurred by cities or towns;
53		-	prescribing procedures; providing for termino logy in
54		-	official publications; amending 85 O.S. 2021, Section
55		-	380, which relates to volunteer firefighters;
56		-	modifying references to CompSource Mutual Insurance
57		-	Company; providing references to the Office of
58		-	Management and Enterprise Services; and providing an
	42	+	Section 13, Chapter 208, O.S.L. 2013 (85A O.S. 2021,
	43	+	Section 13), which relates to mental inju ry or
	44	+	illness; modifying situations in which mental injury
	45	+	or illness is a compensable injury; and providing an
59	46		effective date.
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64	51		BE IT ENACTED BY THE PEOPLE OF THE STATE OF OKLAHOMA:
65	52		SECTION 1. AMENDATORY 85A O.S. 2021, Section 13, is
66	53		amended to read as follows:
67	54		Section 13. A. 1. A mental injury or illness is not a
68	55		compensable injury unless caused by a physical injury to the
69	56		employee, and shall not be considered an injury arising out o f and
	57	+	in the course and scope of employ ment or compensable unless
	58	+	demonstrated by a preponderance of the evidence; pr ovided, however,
	59	+	that this physical injury limitation shall not apply to any victim
	60	+	of a crime of violence or to a police officer, firefigh ter,
	61	+	emergency medical technician , or any other employee of an emergency
	62	+	service who is likely to be among the first p eople to arrive at and
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	64	+	HB3899 HFLR Page 2
	65	+	BOLD FACE denotes Committee Amendments. 1
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96		-	in the course and scope of employment or com pensable unless
97		-	demonstrated by a preponderance of the evidence; provided, however,
98		-	that this physical injury limitation shall not apply to any victim
99		-	of a crime of violence or to a law enforcement officer, firefighter,
100		-	or emergency medical technician on a full-time basis by a
101		-	municipality, county, or the State of Oklahoma, or a volunteer
102		-	firefighter who suffers post -traumatic stress disorder, as defined
103		-	herein, while respondi ng to an emergency. For the purpose of this
104		-	section, such employee shall be refer red to as a first responder .
	90	+	assist at the scene of an emergency and who suffers a mental injury
	91	+	or illness related to duties performed respondin g to the emergency.
105	92		2. No mental injury or illness under this section shall be
106	93		compensable unless it is also diagnos ed by a licensed psychiatrist
107	94		or psychologist and unless the diagnosis of the condition meets the
108	95		criteria established in the most current issue of the Diagnostic and
109	96		Statistical Manual of Mental Disorders.
110	97		B. 1. Notwithstanding any other provision of th is act, where a
111	98		claim is for mental injury or illness, the employee shall be limited
112	99		to twenty-six (26) weeks of disability benefits unless it is shown
113	100		by clear and convincing e vidence that benefits should continue for a
114	101		set period of time, not to exceed a total of fifty-two (52) weeks.
115		-	If the treating physician is of the opinion that the first responder
116		-	is temporarily unable to per form his or her job or any alternative
117		-	work offered by the employer, he or she shall be entitled to receive
118		-	compensation which is the greater of the weekly benefit provided fo r
119		-	in a collective bargaining agreement or according to the policy of
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146		-	the employer, or seventy percent (70%) of the injured employee's
147		-	average weekly wage not to exceed the state average weekly wage. If
148		-	the employee has a temporary pension benefit available at no
149		-	additional cost to the employee and the benefit is equal to or
150		-	greater than the temporary award in this system the employer may
151		-	elect to exercise the temporary pension benefit. In no event shall
152		-	disability benefits extend beyond fifty -two (52) weeks.
153		-	2. Notwithstanding any other provision of this section, a
154		-	person who receives benefits provided herein for a mental injury or
155		-	illness not caused by a physical injury who, after reaching maximum
156		-	medical improvement, is unable to perform the essential func tions of
157		-	their employment position and who is not eligible to receive a
158		-	disability retirement through their pension or retirement system
159		-	shall be eligible to be awarded permanent disability benefits as
160		-	provided for in this act .
161		-	3. a. In cases where death results directly from the mental
	102	+	2. a. In cases where death results directly from the mental
162	103		injury or illness within a period of one (1) ye ar,
163	104		compensation shall be paid the dep endents as provided
164	105		in other death cases under this act.
165	106		b. Death directly or indirectly related to the mental
166	107		injury or illness occurring one (1) year or more from
167	108		the incident resulting in the mental injury or illnes s
168	109		shall not be a compensable injury.
	110	+	SECTION 2. This act shall become effective November 1, 20 22.
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195		-	C. 1. In the event the Workers' Compensation Commission finds
196		-	that a first responder has suffered post -traumatic stress disorder
197		-	not accompanied by a physical injury, as defined herein, the
198		-	employer shall provide rea sonable and necessary medical treatment
199		-	for such injury, subject to the Oklahoma Workers ' Compensation Fee
200		-	Schedule, for a period of no longer than one (1) year. The employer
201		-	shall not be responsible for medical treatment in the form of
202		-	prescription medicine in excess of Ten Thousand Dollars
203		-	($10,000.00).
204		-	2. During any period in which a first responder is temporarily
205		-	unable to perform his or her job, the employer shall pay to maintain
206		-	health insurance coverage for the first responder, if such health
207		-	insurance was in effect on the date of the injury.
208		-	D. "Post-traumatic stress disorder", for the purpose of this
209		-	section, means an injury or condition in which a first responder has
210		-	been exposed to a traumatic event and:
211		-	1. Has experienced, witnessed, or was c onfronted with an event
212		-	that involved actual or threatened death or serious injury, or a
213		-	threat to the physical integrity of others, and the response
214		-	involved fear, helples sness, or horror;
215		-	2. The traumatic event is persistently re -experienced in one or
216		-	more of the following ways:
217		-	a. recurrent and intrusive distressing recollections of
218		-	the event,
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245		-	b. recurrent distressing dreams,
246		-	c. acting or feeling as if the traumatic even t were
247		-	recurring,
248		-	d. intense psychological distress at exposure to cues
249		-	that symbolize an aspect of the traumatic event, or
250		-	e. physiological reactivity on exposure to cues that
251		-	symbolize an aspect of the traumatic event;
252		-	3. Persistent avoidance of stim uli associated with the trauma
253		-	and numbing of general responsiveness such as efforts to avoid
254		-	thoughts, feelings or conversations associated with the trauma,
255		-	markedly diminished interest or participation in significant
256		-	activities, or a feeling of detachmen t or estrangement from others;
257		-	4. Persistent symptoms of increased arousal suc h as difficulty
258		-	falling or staying asleep, irritability or outbursts of anger,
259		-	difficulty concentrating, or hypervigilance;
260		-	5. The duration of the disturbance is more than one (1) month;
261		-	and
262		-	6. The disturbance causes clinically significant distress or
263		-	impairment in social, occupatio nal and other important areas of
264		-	functioning.
265		-	E. "Volunteer firefighter ", for the purpose of this section,
266		-	means a person who is enrolled as a member of a volunteer fire
267		-	department with two or less salaried firefighters and wh o serves in
268		-	such capacity without receiving a regular salary.
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295		-	F. "Emergency medical technician ", for the purpose of this
296		-	section, means a person who holds a license as an eme rgency medical
297		-	technician, an inter mediate or advanced emergency medical
298		-	technician, or a paramedic, such licens e issued by the State
299		-	Department of Health to perform emergency medical services in
300		-	accordance with the Oklahoma Emergency Response Sys tems Development
301		-	Act and the rules and standards promulgated by the State
302		-	Commissioner of Health.
303		-	G. Any city or town in this state that incurs a claim relating
304		-	to post-traumatic stress disorder may , at the city or town's option,
305		-	transfer the payment of all or any portion of the claim or increased
306		-	workers' compensation premiums to the judgment rolls of the
307		-	geographic area or areas serviced by the department of the injured
308		-	worker, including any unincorporated areas serviced by the
309		-	department, and shall be listed on official publications as "First
310		-	Responder PTSD".
311		-	SECTION 2. AMENDATORY 85 O.S. 2021, Section 380, is
312		-	amended to read as follows:
313		-	Section 380. A. 1. Volunteer fire departments organized
314		-	pursuant to state law may obtain workers ' compensation insurance for
315		-	volunteer firefighters through the Volunteer Fir efighter Group
316		-	Insurance Pool pursuant to requirements established by CompSource
317		-	Mutual Insurance Company the Office of Management an d Enterprise
318		-	Services which shall administer the Pool. For the premium set by
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345		-	CompSource Mutual Insurance Company the Office of Management and
346		-	Enterprise Services, the state shall provide Fifty-five Dollars
347		-	($55.00) per firefighter p er year. Except as otherwise provided by
348		-	subsection D of this section, the total amount paid by the state
349		-	shall not exceed Three Hundred Twenty Thousand Three Hundred Thirty -
350		-	eight Dollars ($320,338.00) per year or so much thereof as may be
351		-	necessary to fund the Volunteer Firefighter Group Insurance Pool.
352		-	2. CompSource Mutual Insurance Company The Office of Management
353		-	and Enterprise Services shall collect the premium from st ate
354		-	agencies, public trusts and other instrumentalities of the state.
355		-	Any funds received by CompSource Mutual Insurance Company the Office
356		-	of Management and Enterprise Services from any state agency, public
357		-	trust, or other instrumentality for purposes of workers'
358		-	compensation insurance pursuant to this section shall be deposited
359		-	to the credit of the Volunteer Firefighter Group Insurance Pool.
360		-	CompSource Mutual Insurance Company The Office of Management an d
361		-	Enterprise Services shall collect premiums, pay cl aims, and provide
362		-	for excess insurance as needed.
363		-	B. CompSource Mutual Insurance Company The Office of Management
364		-	and Enterprise Services shall report, annually, to the Governor, the
365		-	Speaker of the Oklahoma House of Representa tives, and the President
366		-	Pro Tempore of the State Senate the number of enrollees in the
367		-	Volunteer Firefighter Group Insurance Pool, and the amount of any
368		-	anticipated surplus or deficiency of the Pool; and shall also
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395		-	provide to the Governor, the Speaker of the Oklahoma House of
396		-	Representatives and the President Pro Tempore of the State Senate
397		-	sixty (60) days advance notice of any proposed change in rates for
398		-	the Volunteer Firefighter Group Insurance Pool.
399		-	C. The amount of claims paid, claim expenses, underw riting
400		-	losses, loss ratio, or any other financial aspect of the Volunteer
401		-	Firefighter Group Insurance Pool shall not be considered when
402		-	determining or considering bids for the amount of any premiums,
403		-	rates, or expenses owed by, or any discounts, rebates, d ividends, or
404		-	other financial benefits owed to any other policyholder of
405		-	CompSource Mutual Insurance Company the Office of Management an d
406		-	Enterprise Services.
407		-	D. Except as otherwise provided by law, any increase in the
408		-	state payment rate for volunteer fire fighters under the Volunteer
409		-	Firefighter Group Insurance Pool shall not exceed five percent (5%)
410		-	per annum. Any proposed change in rates for the Volunteer
411		-	Firefighter Group Insurance Pool must be approved by the Board of
412		-	Directors of CompSource Mutual Ins urance Company Office of
413		-	Management and Enterprise Services with notice provided pursuant to
414		-	subsection B of this section . CompSource Mutual Ins urance Company
415		-	The Office of Management an d Enterprise Services shall not increase
416		-	premiums for the Volunte er Firefighter Group Insuranc e Pool more
417		-	than once per annum.
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444		-	E. For purposes of this section, the term "volunteer fire
445		-	departments" includes those volunteer fire departments which have
446		-	authorized voluntary or uncompensated workers rendering services as
447		-	firefighters and are created b y statute pursuant to Section 592 of
448		-	Title 18 of the Oklahoma Statutes, Sections 29 -201 through 29-204 of
449		-	Title 11 of the Oklahoma Statutes, and those defined by Section 351
450		-	of Title 19 of the Oklahoma Statutes.
451		-	SECTION 3. This act shall become effective November 1, 2022.
452		-	Passed the House of Representatives the 22nd day of March, 2022.
453		-
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457		-	Presiding Officer of the House
458		-	of Representatives
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461		-	Passed the Senate the ___ day of __________, 2022.
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466		-	Presiding Officer of the Senate
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	112	+	COMMITTEE REPORT BY: COMMITTEE ON JUDICIARY - CIVIL, dated
	113	+	02/08/2022 - DO PASS.