SB 526 Requires the Division of Workers' Compensation to develop and maintain a workers' compensation claims database
Sponsor: Cunningham
LR Number: 4280S.02P Fiscal Note available
Committee: Small Business, Insurance and Industry
Last Action: 5/16/2014 - S Calendar S Bills with H Amendments--SCS for SB 526-Cunningham, with HA 1, HA 2, HA 3, as amended, HA 4, as amended, HA 5 & HA 6 Journal Page:
Title: SCS SB 526 Calendar Position: 1
Effective Date: August 28, 2014
House Handler: Fraker

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Current Bill Summary


SCS/SB 526 - This act requires the Division of Workers' Compensation to develop and maintain a workers' compensation claims database that is accessible to potential employers during a pre-hire period and searchable by an employee's name and social security number. Employers are required to obtain written consent from the potential employee to acquire records and are barred from compelling or coercing a potential employee to provide consent or require consent as a condition of employment.

The Division shall maintain a record of claims records reviewed. Those who fraudulently access the database, compel or coerce a potential employee to provide consent or require consent as a condition of employment shall be guilty of a Class A misdemeanor.

The provisions of this act shall be fully implemented by July 1, 2015.

This act is similar to CCS/HCS/SS/SB 34 (2013) that was vetoed by the Governor.

CHRIS HOGERTY

HA 1 - EXPLANATION OF BENEFITS DELIVERED WITH FINAL PAYMENT EVIDENCING THAT THE PAYMENT IS CONSIDERED TO BE FULL PAYMENT OF THE MEDICAL CHARGES IN A WORKERS' COMPENSATION CASE SHALL SERVE AS A NOTICE OF DISPUTE OF THE CHARGES.

HA 2 - INDEPENDENT CONTRACTORS ACTING AS CROP DUSTERS ARE NOT STATUTORY EMPLOYEES FOR THE PURPOSES OF WORKERS' COMPENSATION.

HA 3 - ALLOWS THE DIVISION TO CONTINUE TO PAY CERTAIN SECOND INJURY FUND LIABILITIES ON AN ONGOING BASIS WITHOUT REGARD TO PRIORITY OF OTHER PAYMENTS.

CHANGES THE AMOUNT OF MEDICAL COSTS THAT CAN BE PAID WITHOUT AFFECTING EXPERIENCE MODIFICATION.

ALLOWS CONSTRUCTION EMPLOYERS TO SUBMIT PAYROLL INFORMATION TO THE ADVISORY ORGANIZATION.

HA 4 - REDUCES THE PERCENT DECREASE IN A WORKERS' COMPENSATION AWARD WHEN CAUSED BY THE FAILURE OF AN EMPLOYEE TO USE SAFETY DEVICES OR FOLLOW RULES FROM AT LEAST 25% UP TO 50% TO 15%.

HA 5 - EXEMPTS VETERANS' ORGANIZATION VOLUNTEERS WHO ARE NOT PAID WAGES FROM COVERAGE UNDER WORKERS' COMPENSATION STATUTES.

HA 6 - ALLOWS S CORPORATION SHAREHOLDERS WITH AT LEAST 40% INTEREST MAY ELECT TO REJECT WORKERS' COMPENSATION COVERAGE.