Restricting contact with medical providers after appeals have been filed on industrial insurance claims (SHB 1402)

SHB 1402, if passed, would restrict contact by employers, employees, and the Department of Labor and Industries with medical providers at specified stages after an industrial insurance claim denial has been appealed by the claimant. An employer, after receiving a notice of appeal, may not have contact with the employee’s medical provider to discuss issues in the appeal without written authorization. Likewise, the employee may not have contact with the employer’s independent medical examiner after an appeal has been filed, without written authorization.

Contact with medical providers would be permitted for ongoing claims management, including treatment needs and return-to-work issues. Written authorization for contact is valid only if given after the appeal is filed and expires in 90 days.

Employers have expressed concern the passage of this bill will make workers’ compensation claims more costly and prone to litigation.

SHB 1402 passed the House 55-42, March 11, prior to passing the Senate 29-18 on April 8, the bill was amended to provide that a medical provider who discusses issues on appeal with any of the parties, in violation of the provisions of this bill, would not be liable for those communications. SHB 1402 now goes back to the House for concurrence with the Senate amendment. The House is likely to provide quick concurrence and send the bill to the Governor.

Gender equity in community athletics programs (SB 5967)

SB 5967 would prohibit a city, town, county or district from discriminating against any person on the basis of gender in the operation of community athletics programs for youth or adults. The bill was amended in the Senate and improved significantly from the original proposal. The key amendment removed city liability regarding third party use of city facilities and potential discrimination. Cities will be required to inform and secure written statements from third parties that they will not discriminate.

Following a March 23 public hearing, the House Judiciary Committee amended the bill with little more than technical corrections and passed it onto the House Rules Committee. The House passed the amended bill 67-31 on April 8. The Senate is likely to concur and then send the bill to the Governor.

Expanding the rights of domestic partners (E2SSB 5688)

This bill provides that for all purposes under state law, state registered domestic partners are treated the same as married spouses. SB 5688 passed the Senate 30-18 on March 10. The bill is now in House Rules. If passed and signed into law, this bill will impact pensions and other employee benefits such as health care.

Unemployment compensation

Several bills were introduced this session affecting unemployment compensation insurance. Following is a status of those bills:

Economic security improvements through unemployment compensation: ESHB 1906, CH 3 (2009) – provides temporary increases in unemployment benefits by adding $45 to the weekly benefit amount and making $155 the minimum amount payable weekly. The bill also expands training programs. The Governor signed the bill and it became effective as of April 5, 2009.
Experience rating accounts of employers with a military service benefit charge exemption: SSB 5009 – provides that employers may request non-charging of unemployment benefits paid to former employees who were hired to replace employees called to federal active military duty. The bill has unanimously passed the Legislature and has been sent to the Governor for signature.
Voluntarily leaving part-time work and qualifying for benefits under certain circumstances: SB 5804 – this bill would have set forth the circumstances under which quitting part-time work would not disqualify a person from receiving unemployment benefits. This bill is dead.

Adjusting veterans’ scoring criteria (HB 1050)

This bill would remove the requirement that public employees called to active military duty must serve for at least one year to claim the 5% scoring preference. HB 1050 passed the House 96-0 on January 26 and is now in Senate Rules, eligible to be pulled to the floor for a vote.

Workers’ compensation death benefits for surviving spouses of law enforcement officers’ and fire fighters retirement systems (HB 1212)

If passed and signed into law, this bill would modify industrial insurance death benefits for surviving spouses of law enforcement officers and firefighters, allowing surviving spouses to remarry and continue to receive benefits. HB 1212 passed the House on a vote of 78-19. The bill was amended in the Senate Labor, Commerce and Consumer Protection Committee, requiring a study of potential costs to the workers’ compensation system as a whole and as it relates to providing the benefit to LEOFF members only. The committee passed the amended bill to Senate Rules for further consideration.

Requirements of psychological examinations for peace officer certification (HB 1324)

HB 1324 passed the House 96-0 on February 23, the Senate 46-0 on April 7. This bill is headed to the Governor’s desk and if signed into law, HB 1324 will require that all psychological exams taken by law enforcement officers are standardized and in compliance with the rules of the Criminal Justice Training Commission.

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