HB 477-FN-LOCAL - AS INTRODUCED
2015 SESSION
15-0382
01/04
HOUSE BILL 477-FN-LOCAL
AN ACT relative to workers’ compensation benefits and establishing payment schedules.
SPONSORS: Rep. Flanagan, Hills 26; Rep. LeBrun, Hills 32; Rep. Webb, Rock 6; Rep. Richardson, Coos 4
COMMITTEE: Labor, Industrial and Rehabilitative Services
This bill changes the weekly compensation for temporary total disability, permanent total disability, and temporary partial and permanent partial disability.
This bill also requires the labor commissioner to establish medical payment schedules.
- - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - -
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Matter which is either (a) all new or (b) repealed and reenacted appears in regular type.
15-0382
01/04
STATE OF NEW HAMPSHIRE
In the Year of Our Lord Two Thousand Fifteen
AN ACT relative to workers’ compensation benefits and establishing payment schedules.
Be it Enacted by the Senate and House of Representatives in General Court convened:
1 Weekly Compensation Changed for Temporary Total Disability. Amend RSA 281-A:28, I and II to read as follows:
I. If an employee’s average weekly wage is [30] 40 percent or less of the state’s average weekly wage, weekly compensation shall be the full amount of that employee’s average weekly wage. However, the maximum allowable weekly compensation rate under this paragraph shall not exceed [90] 100 percent of the employee’s after tax earnings as determined by RSA 281-A:15.
II. If an employee’s average weekly wage is over [30] 40 percent of the state’s average weekly wage, weekly compensation shall be [60] 66 2/3 percent of that employee’s average weekly wage or [30] 40 percent of the state’s average weekly wage, whichever is greater, but in no event shall weekly compensation exceed 150 percent of the state’s average weekly wage rounded off to the nearest dollar as the commissioner determines for the year in which the injury occurred. In no event shall the maximum weekly compensation rate exceed 100 percent of the employee’s after tax weekly earnings as determined under RSA 281-A:15. For purposes of this section, the department of employment security shall establish the state’s average weekly wage for the immediate preceding calendar year to be effective the following July 1.
2 Weekly Compensation Changed for Permanent Total Disability. Amend RSA 281-A:28-a, I and II to read as follows:
I. If an employee’s average weekly wage is [30] 40 percent or less of the state’s average weekly wage, weekly compensation shall be the full amount of said employee’s weekly compensation rate. However, the maximum allowable weekly compensation rate under this paragraph shall not exceed [90] 100 percent of the employee’s after tax earnings as determined pursuant to RSA 281-A:15.
II. If an employee’s average weekly wage is over [30] 40 percent of the state’s average weekly wage, weekly compensation shall be [60]66 2/3 percent of the employee’s average weekly wage or [30] 40 percent of the state’s average weekly wage, whichever is greater, but in no event shall weekly compensation exceed 150 percent of the state’s average weekly wage rounded off to the nearest dollar as determined by the commissioner for the year in which the injury occurred. In no event shall the weekly compensation rate exceed 100 percent of the employee’s after tax weekly earnings as determined pursuant to RSA 281-A:15. For the purposes of this section, the state’s average weekly wage shall be established by the department of employment security for the immediately preceding calendar year to be effective the following July 1.
3 Weekly Compensation Changed for Temporary Partial Disability. Amend RSA 281-A:31 to read as follows:
281-A:31 Compensation for Temporary Partial Disability. If the disability for work resulting from an injury is partial, and the employee is able to work but has not yet reached maximum medical improvement, the employer, or the employer’s insurance carrier, during such disability, but not for the first 3 days of disability unless the disability continues for 14 days or longer, shall pay to the injured employee a weekly compensation equal to [60] 66 2/3 percent of the difference between the employee’s average weekly wage before the injury and the average weekly wage which he or she is able to earn thereafter; but in no instance shall the weekly compensation exceed the amount set forth by the compensation schedule in RSA 281-A:28. Payments shall not continue after the disability ends, nor longer than 262 weeks; and, if the partial disability begins after a period of total disability, the period of total disability shall be deducted from such total period of 262 weeks.
4 Weekly Compensation Changed for Permanent Partial Disability. Amend RSA 281-A:31-a to read as follows:
281-A:31-a Compensation for Permanent Partial Disability. Where the disability for work resulting from an injury is permanent but partial in nature, the employee has reached maximum medical improvement, is able to return to work, and there is an impairment in accordance with the “Guides to the Evaluation of Permanent Impairment” published by the American Medical Association as set forth in RSA 281-A:32, the employer, or insurance carrier, during such disability shall pay to the injured employee a weekly compensation equal to [60] 66 2/3 percent of the difference between his average weekly wage before the injury and the average weekly wage which he is able to earn thereafter. However, in no instance shall the weekly compensation exceed the amounts set forth by the compensation schedule in RSA 281-A:28. Payments shall not continue after the disability ends, nor longer than 262 weeks; and if the partial disability begins after a period of total disability, the period of disability shall be deducted from such total period of 262 weeks.
5 New Paragraph; Workers’ Compensation; Medical Payment Schedules. Amend RSA 281-A:24 by inserting after paragraph V the following new paragraph:
VI. The commissioner shall adopt rules, pursuant to RSA 541-A, relative to establishing a medical payment schedule which shall require medical payments at the rate of 150 percent of the Medicare reimbursement rate.
6 New Subparagraph; Workers’ Compensation; Rulemaking Added. Amend RSA 281-A:60, I by inserting after subparagraph (aa) the following new subparagraph:
(bb) Medical payment schedules in accordance with RSA 281-A:24, VI.
7 Effective Date. This act shall take effect January 1, 2016.
LBAO
15-0382
Revised 01/26/15
HB 477-FN-LOCAL FISCAL NOTE
AN ACT relative to workers’ compensation benefits and establishing payment schedules.
FISCAL IMPACT:
The Department of Labor states this bill, as introduced, will have an indeterminable fiscal impact on state, county, and local expenditures in FY 2016 and each year thereafter. There will be no fiscal impact on state, county, and local revenue.
METHODOLOGY:
The Department of Labor states this bill changes the rate at which weekly compensation for temporary total disability, permanent total disability, and temporary partial and permanent partial disability are paid. Further, this bill requires the Commissioner of the Department to adopt rules to establish medical payment schedules. The Department states that in their roles as employers, state, county, and local expenditures would increase by 0.0666% if benefits are paid directly by a self-insured city, county, or state. Based on Calendar Year 2013 indemnity payout information, the Department estimates this bill may increase combined county and local expenditures by $289,404 annually ($4,345,408 total indemnity payout * .0666%), and state expenditures by $90,896 annually ($1,364,798 total state indemnity payout * .0666%). If the entities are insured through an insurance carrier, the premiums would increase due to increased expenditures. The Department states the creation of a medical payment schedule should decrease medical expenses by an unknown amount. The Department assumes any expenditure increases in this bill would be offset by expenditure decreases associated with a medical payment schedule; however, the Department has no information to determine the exact fiscal impact on state, county and local expenditures.