HB1304: requiring workers' compensation to cover prophylactic treatment for critical exposure.

HB 1304-FN - AS INTRODUCED

2020 SESSION

20-2195

01/05

HOUSE BILL 1304-FN

AN ACT requiring workers' compensation to cover prophylactic treatment for critical exposure.

SPONSORS: Rep. Cahill, Rock. 17; Rep. Doucette, Rock. 8; Rep. S. Pearson, Rock. 6; Rep. Goley, Hills. 8; Rep. Abrami, Rock. 19; Rep. O'Brien, Hills. 36; Sen. Fuller Clark, Dist 21

COMMITTEE: Labor, Industrial and Rehabilitative Services

ANALYSIS

This bill clarifies the term "critical exposure" for the purpose of the workers' compensation law.

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Matter which is either (a) all new or (b) repealed and reenacted appears in regular type.

20-2195

01/05

STATE OF NEW HAMPSHIRE

In the Year of Our Lord Two Thousand Twenty

AN ACT requiring workers' compensation to cover prophylactic treatment for critical exposure.

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

1 Workers' Compensation; Definitions. RSA 281-A:2, I-e is repealed and reenacted to read as follows:

I-e. "Critical exposure" means contact of an employee's ruptured or broken skin or mucous membranes, including the eyes or mouth, with a person's blood or body fluids. Testing and treatment shall be determined by the medical provider taking into account the physical examination and incident details provided by the patient.

2 Effective Date. This act shall take effect January 1, 2021.

LBAO

20-2195

11/13/19

HB 1304-FN- FISCAL NOTE

AS INTRODUCED

AN ACT requiring workers' compensation to cover prophylactic treatment for critical exposure.

FISCAL IMPACT: [ X ] State [ X ] County [ X ] Local [ ] None

Estimated Increase / (Decrease)

STATE:

FY 2020

FY 2021

FY 2022

FY 2023

Appropriation

$0

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$0

Revenue

$0

$0

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$0

Expenditures

$0

Indeterminable Increase

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Funding Source:

[ X ] General [ ] Education [ ] Highway [ ] Other

COUNTY:

Revenue

$0

$0

$0

$0

Expenditures

$0

Indeterminable Increase

Indeterminable Increase

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LOCAL:

Revenue

$0

$0

$0

$0

Expenditures

$0

Indeterminable Increase

Indeterminable Increase

Indeterminable Increase

METHODOLOGY:

This bill clarifies the term "critical exposure" for the purpose of workers' compensation law. The Department of Labor indicates the proposed definition of critical exposure would remove the requirement that applicability to tears, saliva and perspiration requires visible contamination with blood and requires that testing and treatment for exposure be determined by the medical provider. The Department does not anticipate the bill would impact state, county or local revenues. The Department assumes there could be increased state, county and local expenditures from added treatment costs as additional exposures would be covered. The Department reports the amount of potential increase is indeterminable as there is no way to credibly quantify the impact on claims, premiums or coverage costs.

The New Hampshire Municipal Association indicates, by expanding the definition of "critical exposure" under the workers' compensation law, the law may require workers' compensation to cover post-exposure treatment in more cases. However, the Association also comments that immediate post-exposure treatment may reduce long-term medical costs. Any increase or decrease in medical costs may affect workers' compensation rates paid by municipalities

The Department of Safety indicates the cost to state, county and local government cannot be determined as the potential number of additional claims is unknown. The Department expects there would be no fiscal impact on state, county or local revenues.

AGENCIES CONTACTED:

New Hampshire Municipal Association and Departments of Labor and Safety