AN ACT PROVIDING THAT THE NORTH CAROLINA RATE BUREAU SHARE WITH THE NORTH CAROLINA INDUSTRIAL COMMISSION INFORMATION ON THE STATUS OF WORKERS' COMPENSATION INSURANCE COVERAGE ON EMPLOYERS IN THIS STATE AND MAKING CLARIFYING, CONFORMING, AND OTHER CHANGES RELATING TO THE WORKERS' COMPENSATION LAWS OF NORTH CAROLINA. Summarized in Daily Bulletin 6/7/12, 6/11/12, and 6/14/12. Enacted July 1, 2012. Effective July 1, 2012. Sections 6 and 7 apply to claims arising on or after June 24, 2011.
Bill Summaries: H237 (2011-2012 Session)
Tracking:
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Summary date: Jul 2 2012 - View summary
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Bill H 237 (2011-2012)Summary date: Jun 14 2012 - View summary
Senate amendment #2 makes the following changes to 2nd edition, as amended.
Adds a section to establish the eight member Joint Legislative Committee on Workers’ Compensation Insurance Coverage Compliance and Fraud Prevention and Detection (Committee), with members appointed as indicated. Details the Committee’s scope of review, reporting requirements, and additional administrative issues. Makes conforming technical changes.
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Bill H 237 (2011-2012)Summary date: Jun 11 2012 - View summary
Senate amendment makes the following changes to 2nd edition. Provides that in spite of GS 97-31.1, which specifies the determination of the effective date for every act of the General Assembly that changes the benefits provided in GS Chapter 97, the North Carolina Workers’ Compensation Act, this act is effective when it becomes law. Provides that GS 97-25.6, as amended (reasonable access to medical information), applies to claims pending on or after the effective date. Provides that GS 97-27(b), as amended, applies to travel expenses incurred for examinations under that subsection on or after the effective date. Provides that GS 97-29(b), as amended, and GS 96-32.2(a), as amended, apply to compensable claims arising on or after June 24, 2011.
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Bill H 237 (2011-2012)Summary date: Jun 7 2012 - View summary
Senate committee substitute makes the following changes to 1st edition.
Deletes all provisions in the previous version and replaces them with AN ACT PROVIDING THAT THE NORTH CAROLINA RATE BUREAU SHARE WITH THE NORTH CAROLINA INDUSTRIAL COMMISSION INFORMATION ON THE STATUS OF WORKERS’ COMPENSATION INSURANCE COVERAGE ON EMPLOYERS IN THIS STATE AND MAKING CLARIFYING, CONFORMING, AND OTHER CHANGES RELATED TO THE WORKERS’ COMPENSATION LAWS OF NORTH CAROLINA.
Enacts new GS 58-36-17, requiring the NC Rate Bureau (Bureau) to share information in the Bureau’s records regarding workers’ compensation insurance on NC employers and amends GS 58-36-16 to require the Bureau share information related to each employer’s experience rate modifier and name and address with the NC Industrial Commission (Commission). Specifies that the information is confidential and provides for immunity for releasing information.
Amends GS 97-25.6 to require the employer to provide the employee a copy of any medical records the employer receives upon the employee’s request (previously required the employer to provide a copy absent any request). Authorizes the employer to request information from the employee’s health care provider regarding the employee’s ability to return to work with the employer. Requires an employee to file a request for a protective order with the Commission within 10 days after the employer sends notification that the employer intends to communicate additional medical information to the employee’s health care provider and authorizes the employer to submit the information to the provider if the employee does not do so. Increases the methods by which additional forms of communication with the health care provider may be authorized. Makes additional clarifying changes. Amends GS 97-26.1 to authorize the Commission to establish fees to compensate providers for the time spent communicating with employers and employees.
Amends GS 97-26 to provide that the Commission must adopt a schedule of fees for medical compensation and for hospital fees by rule. Makes conforming changes to remove provisions on public comments, hearings, and appeals. Requires the Commission to provide information on the basis for the fee schedule rate as specified.
Amends GS 97-27(b) to specify that an employee must cover all travel expenses when obtaining another examination when dissatisfied with the percentage of permanent disability. Makes conforming changes to GS 97-29(b). Amends GS 97-32.2(a) to provide that vocational rehabilitation services may not be required if the employee qualifies for extended compensation under GS 97-29(c) or permanent disability under GS 97-29(d).
Applies to claims filed on or after the date the act becomes law.
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Bill H 237 (2011-2012)Summary date: Mar 3 2011 - View summary
Enacts a new Article 6E, Regulatory Legislation Economic Impact Statements, in GS Chapter 120 as the title indicates. Requires any bill introduced in the General Assembly that (1) makes a change in law that is regulatory in nature and (2) could cause a substantial economic impact on the entities regulated by the proposed legislation to be accompanied by an economic impact statement (EIS) prepared by the Fiscal Research Division (Division).
Defines substantial economic impact to mean that the proposed legislation has an aggregate financial impact on: (1) at least $1 million in a 12-month period on all persons affected by the proposed bill or (2) at least $1,000 in a 12-month period on any one person affected by the proposed bill.
Requires the EIS to identify and estimate, for the first five fiscal years that the proposed change would be in effect, all of the costs of the proposed legislation on the entities to be regulated by it. Provides that if the Division determines after its investigation that no dollar estimate is possible, then the EIS should indicate such and state the reasons why no dollar amount can be given. Prohibits including comment or opinion in the EIS as to the merits of the proposed legislation, but the EIS may include notation of mechanical and technical defects.
Directs the sponsor of each bill to which this proposed section applies to present a copy of the bill with a request for an EIS to the Division. Directs the Division to prepare the EIS and give it to the sponsor within two weeks after the request is made, unless the sponsor agrees to an extension of time.
Requires the EIS to be attached to the original of each proposed bill that is favorably reported by any committee of the General Assembly; however, also requires that the EIS be clearly designated as an economic impact statement and states that the EIS is neither a part of the bill nor an expression of legislative intent proposed by the bill.
Provides that if a General Assembly committee reports favorably on a proposed bill that has an amendment that proposes a change in the law that could cause a substantial economic impact to the entities regulated by it, then the committee chair is to obtain an EIS from the Division and attach it to the amended bill.
Directs the Office of Budget and Management, the Department of Revenue, the Department of the State Treasurer, the Department of the State Auditor, and the state department most directly concerned to assist the Division in the preparation of the EIS if the Division requests assistance.
Requires the Division to provide the bill sponsor with copies of the prepared EIS.
Directs any state department, institution, agency, or other authority requesting a member or members of the General Assembly to introduce legislation that if enacted would have a substantial fiscal impact on the entities regulated by the proposed legislation to furnish to the member or members and the Division an EIS containing a realistic estimate of the effect of the legislation for the next two fiscal periods.
Effective January 1, 2012.