HB618: relative to persons acting as volunteers to a state agency.

CHAPTER 191

HB 618-FN-LOCAL – FINAL VERSION

30Mar2005… 0524h

05/26/05 1605s

2005 SESSION

05-0226

01/10

HOUSE BILL 618-FN-LOCAL

AN ACT relative to persons acting as volunteers to a state agency.

SPONSORS: Rep. MacKay, Merr 11; Rep. Batula, Hills 19; Rep. Thomas, Belk 5; Rep. Emerton, Hills 7

COMMITTEE: Labor, Industrial and Rehabilitative Services

AMENDED ANALYSIS

This bill provides workers’ compensation coverage to persons acting as volunteers for the department of health and human services and the department of safety in the event of a public health or a public safety incident. This bill also limits liability for such volunteers.

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Explanation: Matter added to current law appears in bold italics.

Matter removed from current law appears [in brackets and struckthrough.]

Matter which is either (a) all new or (b) repealed and reenacted appears in regular type.

30Mar2005… 0524h

05/26/05 1605s

05-0226

01/10

STATE OF NEW HAMPSHIRE

In the Year of Our Lord Two Thousand Five

AN ACT relative to persons acting as volunteers to a state agency.

Be it Enacted by the Senate and House of Representatives in General Court convened:

191:1 New Subparagraph; Volunteer; Definition of "Employee" with Respect to Public Employment. Amend RSA 281-A:2, VII(a) by inserting after subparagraph (5) the following new subparagraph:

(6) In the absence of any mutual aid agreement or other similar written agreement that specifically addresses the issue of workers’ compensation benefits, any person who acts as an agent to the department of health and human services or the department of safety by providing assistance in response to a specific public health or public safety incident. Such person shall be deemed an employee of the state for the purposes of this chapter. In order to be eligible for workers’ compensation benefits under this chapter the person shall have been specifically designated in writing as an agent by the commissioner of the department of health and human services or the commissioner of the department of safety, or their respective designees, in accordance with the provisions of RSA 508:17-a. This subparagraph applies only to such designated agents who are not receiving compensation from either the department of health and human services or the department of safety, other than possible reimbursement for expenses actually incurred for such services, such as travel expenses, but who may be receiving compensation from his or her regular employer or from any other source.

191:2 New Subparagraph; Volunteers; Average Weekly Wages. Amend RSA 281-A:15, II by inserting after subparagraph (c) the following new subparagraph:

(d) Any person who is not employed and who is acting as an agent to the department of health and human services or the department of safety as described in RSA 281-A:2, VII(a)(6).

191:3 Computing Average Weekly Wages. Amend the introductory paragraph of RSA 281-A:15, I to read as follows:

I. Except as provided in paragraphs II and III of this section and of RSA 281-A:32 and subject to RSA 281-A:28, 281-A:28-a and RSA 281-A:31-a, but including those persons under RSA 281-A:15, II-a, an average weekly wage shall be computed by using the method in subparagraph (a) or (b), or (c) that yields the result more favorable to the injured employee:

191:4 New Paragraph; Average Weekly Wages; Certain Volunteers. Amend RSA 281-A:15 by inserting after paragraph II the following new paragraph:

II-a. Any person who is employed and who is on leave from such employment and who is acting as an agent to the department of health and human services or the department of safety as described in RSA 281-A:2, VII(a)(6) shall have his or her average weekly wage computed under paragraph I of this section.

191:5 New Section; Agents Assisting the Departments of Health and Human Services and Safety; Liability Limited. Amend RSA 508 by inserting after section 17 the following new section:

508:17-a Agents Assisting Certain State Departments; Liability Limited.

I. Any person who acts as an agent to the department of health and human services or the department of safety by providing assistance in response to a specific public health or public safety incident shall be protected from claims and civil actions arising from acts committed within the scope of his or her official duty as an agent to such departments to the same extent as state officers, trustees, officials, employees, and members of the general court under RSA 99-D, provided that:

(a) The commissioner of the department of health and human services or the commissioner of the department of safety has declared in writing to the governor that a public health or public safety incident exists;

(b) The department of health and human services or the department of safety has designated the person to act as its agent to assist in responding to the public health or public safety incident;

(c) The agent was acting in good faith and within the scope of his or her official functions and duties as an agent to the department of health and human services or the department of safety; and

(d) The damage or injury was not caused by willful, wanton, or grossly negligent misconduct by the agent.

II. In this section:

(a) “Agent” means any person who acts as an agent to the department of health and human services or the department of safety by providing assistance in response to a specific public health or public safety incident and the person does not receive compensation from either department, other than possible reimbursement for expenses actually incurred for such services, but who may be receiving compensation from his or her employer or from any other source.

(b) “Damage or injury” includes physical, nonphysical, economic and noneconomic damage, and property damage.

(c) “Public health or public safety incident” means a specific incident that the commissioner of the department of health and human services or the commissioner of the department of safety has declared in writing poses a threat to the health and safety of the public and demands a response that will require the assistance of agents from outside the state system, but which does not rise to the level that would necessitate the declaration of a state of emergency by the governor under RSA 4:45.

III. Notwithstanding any other provision of law, no person shall be considered an agent of the department of health and human services or the department of safety for the purposes of this section unless the commissioner of one of those 2 departments has declared in writing to the governor that a public health or public safety incident exists and the appropriate department acknowledges in writing the person’s status as an agent. Such written acknowledgment shall identify the person, indicate the department of the state for which the person will be acting as an agent, indicate the duration for which the person will be acting as an agent, indicate the functions that the person will be performing for the appropriate department, and specifically indicate that the provisions of this section apply to the person’s status as an agent to the appropriate department.

IV. Any licensed health care provider who acts as an agent to the department of health and human services by providing health care or services in response to a public health incident shall work under the oversight of a department physician.

V. No disciplinary action shall be taken by a licensing board against a licensed health care provider who acted as an agent or a volunteer to the department of health and human services or the department of safety. This paragraph shall apply only to a health care provider who was designated by either the department of health and human services or the department of safety to act as an agent in accordance with paragraph III and who acted in good faith within the scope of his or her official functions and duties as an agent, and who did not engage in willful, wanton, or grossly negligent conduct in the course of carrying out his or her official functions and duties.

191:6 Effective Date. This act shall take effect January 1, 2006.

(Approved: June 30, 2005)

(Effective Date: January 1, 2006)