HF 2311

as introduced - 91st Legislature (2019 - 2020) Posted on 03/21/2019 03:51pm

A bill for an act
relating to workers' compensation; adopting recommendations from the Workers'
Compensation Advisory Council; amending Minnesota Statutes 2018, sections
176.1812, subdivision 2; 176.231, subdivision 1.

BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MINNESOTA:

Section 1.

Minnesota Statutes 2018, section 176.1812, subdivision 2, is amended to read:

Subd. 2.

Filing and review.

new text begin (a) new text end A copy of the agreement and the approximate number
of employees who will be covered under it must be filed with the commissioner. Within 21
days of receipt of an agreement, the commissioner shall review the agreement for compliance
with this section and the benefit provisions of this chapter and notify the parties of any
additional information required or any recommended modification that would bring the
agreement into compliance. Upon receipt of any requested information or modification, the
commissioner must notify the parties within 21 days whether the agreement is in compliance
with this section and the benefit provisions of this chapter.

new text begin (b) After an agreement is approved by the commissioner under paragraph (a), a qualified
employer may join or withdraw from a qualified group of employers without commissioner
review or approval. The commissioner must be notified within 30 days when a qualified
employer joins or withdraws from a qualified group of employers.
new text end

new text begin (c) new text end In order for any agreement to remain in effect, it must provide for a timely and
accurate method of reporting to the commissioner deleted text begin necessary information regarding service
cost and utilization deleted text end new text begin the individual claims covered by the agreement and claim-specific
dispute resolution data, in the form and manner prescribed by the commissioner. Dispute
resolution data includes information about facilitation, mediation, and arbitration and shall
be provided annually to the commissioner new text end to enable the commissioner to deleted text begin annually deleted text end report
new text begin aggregate dispute data new text end to the legislature. deleted text begin The information provided to the commissioner
must include aggregate data on the:
deleted text end

deleted text begin (i) person hours and payroll covered by agreements filed;
deleted text end

deleted text begin (ii) number of claims filed;
deleted text end

deleted text begin (iii) average cost per claim;
deleted text end

deleted text begin (iv) number of litigated claims, including the number of claims submitted to arbitration,
the Workers' Compensation Court of Appeals, the Office of Administrative Hearings, the
district court, the Minnesota Court of Appeals or the supreme court;
deleted text end

deleted text begin (v) number of contested claims resolved prior to arbitration;
deleted text end

deleted text begin (vi) projected incurred costs and actual costs of claims;
deleted text end

deleted text begin (vii) employer's safety history;
deleted text end

deleted text begin (viii) number of workers participating in vocational rehabilitation; and
deleted text end

deleted text begin (ix) number of workers participating in light-duty programs.
deleted text end

new text begin EFFECTIVE DATE. new text end

new text begin Paragraphs (a) and (b) are effective June 1, 2019. Paragraph (c)
is effective August 1, 2020.
new text end

Sec. 2.

Minnesota Statutes 2018, section 176.231, subdivision 1, is amended to read:

Subdivision 1.

Time limitation.

new text begin (a) new text end Where death or serious injury occurs to an employee
during the course of employment, the employer shall report the injury or death to the
commissioner and insurer within 48 hours after its occurrence. Where any other injury
occurs which wholly or partly incapacitates the employee from performing labor or service
for more than three calendar days, the employer shall report the injury to the insurer on a
form prescribed by the commissioner within ten days from its occurrence. An insurer and
self-insured employer shall report the injury to the commissioner no later than 14 days from
its occurrence. Where an injury has once been reported but subsequently death ensues, the
employer shall report the death to the commissioner and insurer within 48 hours after the
employer receives notice of this fact. An employer who provides notice to the Occupational
Safety and Health Division of the Department of Labor and Industry of a fatality within the
eight-hour time frame required by law, or of an inpatient hospitalization within the 24-hour
time frame required by law, has satisfied the employer's obligation under this section.

new text begin (b) At the time an injury is required to be reported to the commissioner, the insurer or
self-insured employer must also specify whether the injury is covered by a collective
bargaining agreement approved by the commissioner under section 176.1812. Notice must
be provided in the format and manner prescribed by the commissioner.
new text end

new text begin EFFECTIVE DATE. new text end

new text begin This section is effective August 1, 2020.
new text end