03/20/2024 09:00 AM Senate FINANCE

SENATE BILL NO. 206                                                                                                           
                                                                                                                                
     "An Act relating  to workers' compensation reemployment                                                                    
     benefits;  establishing a  workers' compensation  stay-                                                                    
     at-work program; and providing for an effective date."                                                                     
                                                                                                                                
10:22:39 AM                                                                                                                   
                                                                                                                                
SENATOR ELVI GRAY-JACKSON, SPONSOR, introduced the bill.                                                                        
                                                                                                                                
10:29:48 AM                                                                                                                   
                                                                                                                                
CHARLES    COLLINS,    DIRECTOR,   DIVISION    OF    WORKERS                                                                    
COMPENSATION,    DEPARTMENT   OF    LABOR   AND    WORKFORCE                                                                    
DEVELOPMENT, spoke on the bill.                                                                                                 
                                                                                                                                
10:37:59 AM                                                                                                                   
                                                                                                                                
LUMA DIAZ, STAFF, SENATOR ELVI-GRAY JACKSON, discussed the                                                                      
Sectional Analysis (copy on file):                                                                                              
                                                                                                                                
     Section  1:  Amends  AS  23.30.005   (h)  by  adding  a                                                                    
     reference  to  new  stay  at   work  program  under  AS                                                                    
     23.30.043.                                                                                                                 
                                                                                                                                
     Section 2:  Amends existing  statute, AS  23.30.041 (b)                                                                    
     by   moving  the   annual  reporting   of  reemployment                                                                    
     benefits  from May  until October  to  match the  other                                                                    
     annual  reports due.  Includes each  specific reporting                                                                    
     criteria.                                                                                                                  
                                                                                                                                
     Section  3: Makes  changes to  AS 23.30.041  (c) adding                                                                    
     thirty  days  to  the  time  of  required  reemployment                                                                    
     evaluations  to  allow  for the  medical  stability  of                                                                    
     claimants.   The   amendment  requires   the   Workers'                                                                    
     Compensation  Division to  notify injured  employees of                                                                    
     rights under  this section within 25  days of inability                                                                    
     to return to  the employee's employment at  the time of                                                                    
     injury, including  the option  of participation  in the                                                                    
     Stay At Work Program.                                                                                                      
                                                                                                                                
     Section 4:  Amends AS 23.30.041  (f) by adding  that an                                                                    
     employee is  not eligible for reemployment  benefits if                                                                    
     a selection  under AS 23.30.041(c)  is not made.  Or if                                                                    
     an  employee  has  completed a  stay  at  work  program                                                                    
     previously  or has  been found  non-cooperative in  the                                                                    
     stay at work process under AS 23.30.043(l).                                                                                
                                                                                                                                
     Section 5: A  new section (Sec. 23.30.043)  is added to                                                                    
     establish a stay at work benefits program.                                                                                 
     A new position  is added as a subject  matter expert to                                                                    
     oversee the program.                                                                                                       
     A rehabilitation  specialist is  assigned to  develop a                                                                    
     stay at work plan  requiring participation and approval                                                                    
     from  the employee,  employer, and  attending physician                                                                    
     and a timeline for submission of plan.                                                                                     
     Costs are the responsibility  of the employer and shall                                                                    
     not  exceed  $3,000.  The maximum  time  frame  is  two                                                                    
     years.                                                                                                                     
     Noncooperation is defined.                                                                                                 
     Participation  is voluntary.  The  employee may  pursue                                                                    
     reemployment   benefits  under   AS  23.30.041   as  an                                                                    
     alternative   if   the    employer   chooses   not   to                                                                    
     participate. An appeal process is outlined.                                                                                
                                                                                                                                
     Section 6: Amends existing statute AS 23.30.100 (a) by                                                                     
     adjusting the timeframe by 15 days for notification of                                                                     
     a work-related injury or death.                                                                                            
                                                                                                                                
     Section 7: Amends AS 23.30.105 (a) by adding a                                                                             
     reference to a new stay at work program established                                                                        
     under AS 23.30.043                                                                                                         
                                                                                                                                
     Section 8: Sets an effective date.                                                                                         
                                                                                                                                
10:41:15 AM                                                                                                                   
                                                                                                                                
Senator  Wilson  wondered   whether  the  participation  was                                                                    
voluntary for the participant or the employer.                                                                                  
                                                                                                                                
Ms. Diaz replied that it was for both.                                                                                          
                                                                                                                                
Co-Chair   Olson   wondered   whether   the   rehabilitation                                                                    
specialists  were licensed,  and whether  their availability                                                                    
was difficult to find.                                                                                                          
                                                                                                                                
Senator Gray-Jackson deferred to Mr. Collins.                                                                                   
                                                                                                                                
Mr. Collins  replied that there was  already engagement with                                                                    
the rehabilitation specialists, which  were within a private                                                                    
industry  in the  state.  He stated  that  there were  about                                                                    
sixteen  or  seventeen  rehabilitation  specialists  in  the                                                                    
state.  He explained  the credentials  required to  become a                                                                    
rehabilitation specialist.                                                                                                      
                                                                                                                                
Co-Chair Olson discussed the following day's meeting.                                                                           
                                                                                                                                
SB  206  was  HEARD  and   HELD  in  committee  for  further                                                                    
consideration.