Legislature(2017 - 2018)BELTZ 105 (TSBldg)
03/08/2018 01:30 PM Senate LABOR & COMMERCE
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| Audio | Topic |
|---|---|
| Start | |
| HB86 | |
| SB205 | |
| SB62 | |
| SB112 | |
| Adjourn |
* first hearing in first committee of referral
+ teleconferenced
= bill was previously heard/scheduled
+ teleconferenced
= bill was previously heard/scheduled
| += | HB 157 | TELECONFERENCED | |
| + | TELECONFERENCED | ||
| += | SB 205 | TELECONFERENCED | |
| += | SB 62 | TELECONFERENCED | |
| += | HB 86 | TELECONFERENCED | |
| += | SB 112 | TELECONFERENCED | |
SB 112-WORKERS COMPENSATION;DRUG DATABASE & TEST
2:17:19 PM
CHAIR COSTELLO announced the consideration of SB 112 and noted
the proposed committee substitute (CS).
2:17:43 PM
SENATOR MEYER moved to adopt the work draft CS for SSSB 112,
version 30-LS0318\L, as the working document.
CHAIR COSTELLO objected for discussion purposes.
2:18:06 PM
NATASHA MCCLANAHAN, Staff, Senator Costello, Alaska State
Legislature, Juneau, Alaska, reviewed the following changes from
version R to version L of SB 112.
The following changes were made based on conversations
with stakeholders, public testimony at the initial
hearing before the Senate Labor and Commerce Committee
and based on conversations with the Department of
Labor:
• The transferring of hearing duties from Hearing
Officers to the Office of Administrative
Hearings, Administrative Law Judges was removed.
• The PDMP/Controlled Substance sections were
revised to prevent possible HIPPA violations.
• Changes to the Workers Comp Board composition
have been removed.
• Permanent Total Disability benefit termination
has been removed.
• Permanent Partial Impairment benefit termination
and lump sum payment have been removed.
• Temporary Total Disability benefit termination at
104 weeks has been removed.
• The repeal and reenacting of the vocational
rehabilitation program to a voucher system has
been removed.
• Reference to an employer choosing a physician has
been removed.
• Reporting duties of the Medical Services Review
Committee have been removed.
2:19:30 PM
KARI NORE, Staff, Senator Cathy Giessel, Alaska State
Legislature, Juneau, Alaska, delivered the following sectional
analysis for version L of SB 112 on behalf of the sponsor:
Section 1: Amends AS 23.10.620 by adding a new
subsection to allow an employer to require an employee
to undergo drug testing if the employee has been
prescribed a controlled substance under AS 23.30.096.
Section 2: Repeals and reenacts AS 23.30.010(a) to
provide that a compensable injury must be established
using relevant objective medical evidence and must be
the major contributing cause of any resulting
condition, disability, or need for medical treatment.
Provides that subjective complaints must be confirmed
by physical examination or diagnostic testing.
2:20:37 PM
At ease
2:20:55 PM
CHAIR COSTELLO reconvened the meeting.
2:21:05 PM
MS. NORE continued the sectional analysis for SB 112, version L.
Section 3: Amends AS 23.30.095(a) to require that the
employer furnish medical treatment in accordance with
evidence-based treatment guidelines. Allows employer
or insurer to request a third party to conduct a
utilization review for treatment recommended outside
of the evidence-based treatment guidelines. Provides
that if medical treatment is recommended two years
after the date of injury, the employee may not be
afforded the presumption of compensability but that
the injured will have a right to review by the board.
Section 4: Amends AS 23.30.095(d) to allow for
suspension of compensation for refusal of appropriate
diagnostic tests.
Section 5: Amends AS 23.30.095(e) to require, in
certain circumstances, submission to examination by a
mental health provider.
Section 6: Amends AS 23.30.095(o) to require
palliative care after medical stability to be
consistent with evidence-based treatment guidelines.
Section 7: Amends AS 23.30.095 by adding new
subsections relating to payment for durable medical
equipment, prosthetics, orthotics or supplies and
prescription drugs.
Section 8: Amends AS 23.30 by adding AS 23.30.096
relating to prescribing or dispensing controlled
substances to employees.
Section 9: Amends AS 23.30.097(d) to state that
payment for medical treatment is not due immediately
or on demand, it is due within 30 days after the
employer receives the provider's bill and a completed
report.
Section 10: Amends AS 23.30.097(g) to add that an
employer shall reimburse an employee's prescription
charges within 30 days after the employer receives the
employee's request for reimbursement.
Section 11: Amends AS 23.30.105(a) to replace the term
disability.
Section 12: Amends AS 23.30.107(b) to remove a
reference related to the Second Independent Medical
Exam.
Section 13: Amends AS 23.30.110(e) to allow for
electronic submission of the acceptance or rejection
of a claims.
Section 14: Amends AS 23.30.120(a) to require that an
employee establish a preliminary link between
employment and resulting condition, disability, or
need for medical treatment through objective relevant
medical evidence before being afforded the
presumptions listed in that subsection.
Section 15: Amends AS 23.30.120 by adding new
subsections relating to establishing the preliminary
link and presumption under AS 23.30.120(a).
Section 16: Amends AS 23.30.122 by adding new
subsections relating to medical expert and lay
testimony.
Section 17: Repeals and reenacts AS 23.30.145
governing the award and payment of attorney fees.
Section 18: Amends AS 23.30.155(m) to repeal the
$1,000 civil penalty when an annual report is
incomplete when filed.
Section 19: Amends AS 23.30.230(a) to provide a
definition of "independent contractor."
Sections 20-21: Amend the definitions of "arising out
of and in the course of employment" and "attending
physician."
Section 22: Repeals AS 23.30.095(k) (relating to a
second independent medical evaluation), 23.30.110(g)
(relating to submission to a physical examination),
23.30.135(a) (relating to procedure before the board),
23.30.155(h) (relating to the board's authority).
Section 23: Adds an applicability provision that
states that secs. 2-22 of the Act apply to claims for
injuries filed on or after the effective dates of
those sections.
2:25:29 PM
CHAIR COSTELLO stated her intention to hold the bill to give
members a chance to review it. She asked the members to send any
questions to her aide, Natasha McClanahan, and they would be
forwarded to Senator Giessel. She asked Ms. Nore if she had
anything to add.
MS. NORE advised that the committee substitute was drafted in
response to the public testimony and the concerns that were
voiced.
2:26:18 PM
CHAIR COSTELLO removed her objection and version L was adopted.
[SB 112 was held in committee with public testimony closed.]