OK
Oklahoma House Bill HB2398

Oklahoma 2024 Regular Session

Oklahoma House Bill HB2398 Compare Versions

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3-ENGR. S. A. TO ENGR. H. B. NO. 2398 Page 1 1
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3033 ENGROSSED HOUSE
31-BILL NO. 2398 By: Hays of the House
34+BILL NO. 2398 By: Hays and West (Josh) of the
35+House
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3539 Rosino of the Senate
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40-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 fo r claims
52-or increased premiums incurred by cities or towns;
53-prescribing procedures; providing for termino logy in
54-official publications; and providing an effective
55-date.
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60-AUTHOR: Add the following House Coauthor: West (Josh)
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62-AMENDMENT NO. 1. Page 1, strike the title
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64-AMENDMENT NO. 2. Page 3, line 13, insert after the word “benefits”
65-and before the word “as”, the words “not to exceed
66-Fifty Thousand Dollars ( $50,000.00)”
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68-AMENDMENT NO. 3. Page 6, line 16, delete Section 2 and insert a new
69-Section 2 to read
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72-“SECTION 2. This act shall beco me effective January 1, 2024.”
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100-Passed the Senate the 27th day of April, 2023.
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104- Presiding Officer of the Senate
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107-Passed the House of Representatives the ____ day of __________,
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140-ENGROSSED HOUSE
141-BILL NO. 2398 By: Hays of the House
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145- Rosino of the Senate
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15445 An Act relating to workers' compensation; amending
15546 85A O.S. 2021, Section 13, which relates to certain
15647 injuries related to mental health; providing for
15748 computation of benefits for certain persons;
15849 providing for temporary pension benefits; imposing
15950 limit on total period for disability benefits;
16051 providing for award of permanent total disability
16152 based upon maximum medical improvement; providing for
16253 payment of benefits based on certain injury; imposing
16354 time limit on benefits; imposing limit on employer
16455 responsibility for prescri ption medicine; defining
16556 terms; providing for transfer of payment fo r claims
16657 or increased premiums incurred by cities or towns;
16758 prescribing procedures; providing for termino logy in
16859 official publications; and providing an effective
16960 date.
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17465 BE IT ENACTED BY THE PEOPLE OF THE STATE OF OKLAHOMA:
17566 SECTION 1. AMENDATORY 85A O.S. 2021, Section 13, is
17667 amended to read as follows:
17768 Section 13. A. 1. A mental injury or illness is not a
17869 compensable injury unless caused by a physical injury to the
17970 employee, and shall not be considered an injury arisin g out of and
180-in the course and scope of employment or com pensable unless
18171
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98+in the course and scope of employment or com pensable unless
20799 demonstrated by a preponderance of the evidence; provided, however,
208100 that this physical injury limitation shall not apply to any victim
209101 of a crime of violence or to a law enforcement o fficer, firefighter,
210102 or emergency medical technician on a full-time basis by a
211103 municipality, county, or the State of Oklahoma, or a volunteer
212104 firefighter who suffers post -traumatic stress disorder, as defined
213105 herein, while responding to an emergency. For the purpose of this
214106 section, such employee shall be refer red to as a first responder.
215107 2. No mental injury or illness under this section shall be
216108 compensable unless it is also diagnosed by a licensed psychiatrist
217109 or psychologist and unless the diagnosis of the condition meets the
218110 criteria established in the most current issue of the Diagnostic and
219111 Statistical Manual of Mental Disorders.
220112 B. 1. Notwithstanding any other pr ovision of this act, where a
221113 claim is for mental injury or illness, the employee shall be limited
222114 to twenty-six (26) weeks of disability benefi ts unless it is shown
223115 by clear and convincing evidence that benefits should continue for a
224116 set period of time, no t to exceed a total of fifty -two (52) weeks.
225117 If the treating physician is of the opin ion that the first responder
226118 is temporarily unable to per form his or her job or any alternative
227119 work offered by the employer, he or she shall be entitled to receive
228120 compensation which is the greater of the weekly be nefit provided for
229121 in a collective bargai ning agreement or according to the policy of
230-the employer, or seventy percent (70%) of the injured employee's
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149+the employer, or seventy percent (70%) of the injured employee's
257150 average weekly wage not to exceed the state average weekly wage. If
258151 the employee has a temporary pension benefit available at no
259152 additional cost to the employee and the benefit is equal to or
260153 greater than the temporary award in this system the employer may
261154 elect to exercise the temporary pension benefit. In no event shall
262155 disability benefits extend beyond f ifty-two (52) weeks.
263156 2. Notwithstanding any other provision of this section, a
264157 person who receives benefits provided herein for a mental injury or
265158 illness not caused by a physical injury who, after reaching maximum
266159 medical improvement, is unable to perform the essential functions of
267160 their employment position and who is not eligible to receive a
268161 disability retirement through their pension or retirement system
269-shall be eligible to be awarded permanent disability benefits as
270-provided for in this act .
162+shall be eligible to be awarded permanent disability benefits not to
163+exceed Fifty Thousand Dollars ($50,000.00) as provided for in this
164+act.
271165 3. a. In cases where death results directly from the mental
272166 injury or illness within a period of one (1) y ear,
273167 compensation shall be paid the dependents as provided
274168 in other death cases under this act.
275169 b. Death directly or indirectly related to the mental
276170 injury or illness occurring one (1) year or more from
277171 the incident resulting in the mental injury or illne ss
278172 shall not be a compensable injury.
279-C. 1. In the event the Workers' Compensation Commission finds
280-that a first responder has suffered post -traumatic stress disorder
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200+C. 1. In the event the Workers' Compensation Commission finds
201+that a first responder has suffered post -traumatic stress disorder
307202 not accompanied by a physical injury, as defined herein, the
308203 employer shall provide rea sonable and necessary medical treatment
309204 for such injury, subject to the Oklahoma Workers ' Compensation Fee
310205 Schedule, for a period of no longer than one (1) year. The employer
311206 shall not be responsibl e for medical treatment in the form of
312207 prescription medicine in excess of Ten Thousand Dollars
313208 ($10,000.00).
314209 2. During any period in which a first responder is temporarily
315210 unable to perform his or her job, the em ployer shall pay to maintain
316211 health insurance coverage for the first responder, if such health
317212 insurance was in effect on the date of the injury.
318213 D. "Post-traumatic stress disorder", for the purpose of this
319214 section, means an injury or condition in which a first responder has
320215 been exposed to a trau matic event and:
321216 1. Has experienced, witnessed, or was c onfronted with an event
322217 that involved actual or threatened death or serious injury, or a
323218 threat to the physical integrity of others, and the response
324219 involved fear, helplessness, or horror;
325220 2. The traumatic event is persistently re-experienced in one or
326221 more of the following ways:
327222 a. recurrent and intrusive distressing recollections of
328223 the event,
329-b. recurrent distressing dreams,
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251+b. recurrent distressing dreams,
356252 c. acting or feeling as if th e traumatic event were
357253 recurring,
358254 d. intense psychological distress at exposure to cues
359255 that symbolize an aspect of the traumatic event, or
360256 e. physiological reactivity on exposure to cues that
361257 symbolize an aspect of the traumatic event;
362258 3. Persistent avoidance of stimuli associated with the trauma
363259 and numbing of general responsiveness such as efforts to avoid
364260 thoughts, feelings or conversations associated with the trauma,
365261 markedly diminished interest or participation in significant
366262 activities, or a feeling of detachment or estrangement from others;
367263 4. Persistent symptoms of increased arousal suc h as difficulty
368264 falling or staying asleep, irritability or outbursts of anger,
369265 difficulty concentrating, or hypervigilance;
370266 5. The duration of the disturbance is m ore than one (1) month;
371267 and
372268 6. The disturbance causes clinically significant distress or
373269 impairment in social, occupational and other important areas of
374270 functioning.
375271 E. "Volunteer firefighter ", for the purpose of this section,
376272 means a person who is enrol led as a member of a volunteer fire
377273 department with two or less salaried firefighters and wh o serves in
378274 such capacity without receiving a regular salary.
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405302 F. "Emergency medical technician ", for the purpose of this
406303 section, means a person who holds a licens e as an emergency medical
407304 technician, an intermediate or advanced emergency medical
408305 technician, or a paramedic, such license issued by the State
409306 Department of Health to perform emergency medical services in
410307 accordance with the Oklahoma Emergency Response S ystems Development
411308 Act and the rules and standards promulgated by the State
412309 Commissioner of Health.
413-G. Any city or town in this state that incurs a claim relating
414-to post-traumatic stress disorder may , at the city or town's option,
415-transfer the payment of all or any portion of the claim or increased
416-workers' compensation premiums to the judgment rolls of the
417-geographic area or areas serviced by the department of the injured
418-worker and shall be listed on official publications as "First
419-Responder PTSD".
420-SECTION 2. This act shall become effective November 1, 2023.
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448-Passed the House of Representatives the 21st day of March, 2023.
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453- Presiding Officer of the House
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457-Passed the Senate the ___ day of __________, 2023.
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310+G. In the event that a public safety protection district is
311+established pursuant to the provisions of Section 29 -151 of Title 11
312+of the Oklahoma Statutes, a city or town in such a district that
313+incurs a claim relating to post-traumatic stress disorder may , at
314+the city or town's option, transfer the payment of all or any
315+portion of the claim or increased workers' compensation premiums to
316+the judgment rolls of the geographic area or areas serviced by the
317+department of the injured worker and shall be listed on official
318+publications as "First Responder PTSD".
319+SECTION 2. This act shall become effective January 1, 2024.
320+COMMITTEE REPORT BY: COMMITT EE ON RETIREMENT AND INSURANCE
321+April 11, 2023 - DO PASS AS AMENDED