House File 2532 - Introduced



                                       HOUSE FILE       
                                       BY  R. OLSON


    Passed House, Date               Passed Senate, Date             
    Vote:  Ayes        Nays           Vote:  Ayes        Nays         
                 Approved                            

                                      A BILL FOR

  1 An Act pertaining to workers' compensation laws by regulating
  2    insurance policy inclusions, debt collection practices,
  3    calculation of weekly benefits of certain employees, liability
  4    for employees of certain contractors, and timely payment of
  5    benefits by insurers.
  6 BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF IOWA:
  7 TLSB 6371HH 81
  8 av/gg/14

PAG LIN



  1  1    Section 1.  Section 85.1, subsection 6, Code 2005, is
  1  2 amended to read as follows:
  1  3    6.  Employers may with respect to an employee or a
  1  4 classification of employees exempt from coverage provided by
  1  5 this chapter pursuant to subsection 1, 2, or 3, 4, or 5, other
  1  6 than the employee or classification of employees with respect
  1  7 to whom a rule of liability or a method of compensation is
  1  8 established by the Congress of the United States, assume a
  1  9 liability for compensation imposed upon employers by this
  1 10 chapter, for the benefit of employees within the coverage of
  1 11 this chapter, by the purchase of valid workers' compensation
  1 12 insurance that does not specifically including exclude the
  1 13 employee or classification of employees.  The purchase of and
  1 14 acceptance by an employer of valid workers' compensation
  1 15 insurance applicable to the employee or classification of
  1 16 employees constitutes an assumption by the employer of
  1 17 liability without any further act on the part of the employer,
  1 18 but only with respect to the employee or classification of
  1 19 employees as are within the coverage of the workers'
  1 20 compensation insurance contract and only for the time period
  1 21 in which the insurance contract is in force.  Upon an election
  1 22 of such coverage, the employee or classification of employees
  1 23 shall accept compensation in the manner provided by this
  1 24 chapter and the employer shall be relieved from any other
  1 25 liability for recovery of damage, or other compensation for
  1 26 injury.
  1 27    Sec. 2.  Section 85.27, subsection 6, Code Supplement 2005,
  1 28 is amended to read as follows:
  1 29    6.  While a contested case proceeding for determination of
  1 30 liability for workers' compensation benefits is pending before
  1 31 the workers' compensation commissioner relating to an injury
  1 32 alleged to have given rise to treatment, no debt collection,
  1 33 as defined by section 537.7102, shall be undertaken against an
  1 34 employee or the employee's dependents for the collection of
  1 35 charges for that treatment rendered an employee by any health
  2  1 service provider.  If debt collection is undertaken after a
  2  2 creditor receives actual notice that a contested case
  2  3 proceeding for determination of liability for workers'
  2  4 compensation benefits is pending, such debt collection shall
  2  5 constitute a prohibited practice under section 537.7103, and
  2  6 the employee or the employee's dependents are entitled to the
  2  7 remedies provided in section 537.5201.  However, the health
  2  8 service provider may send one itemized written bill to the
  2  9 employee setting forth the amount of the charges in connection
  2 10 with the treatment after notification of the contested case
  2 11 proceeding.
  2 12    Sec. 3.  Section 85.33, subsection 4, Code 2005, is amended
  2 13 to read as follows:
  2 14    4.  If an employee is entitled to temporary partial
  2 15 benefits under subsection 3 of this section, the employer for
  2 16 whom the employee was working at the time of injury shall pay
  2 17 to the employee weekly compensation benefits, as provided in
  2 18 section 85.32, for and during the period of temporary partial
  2 19 disability.  The temporary partial benefit shall be sixty=six
  2 20 and two=thirds percent of the difference between the
  2 21 employee's weekly earnings at the time of injury, computed in
  2 22 compliance with section 85.36, and the employee's actual gross
  2 23 weekly income from employment during the period of temporary
  2 24 partial disability.  If at the time of injury an employee is
  2 25 paid on the basis of the output of the employee, with a
  2 26 minimum guarantee pursuant to a written employment agreement,
  2 27 the minimum guarantee shall be used as the employee's weekly
  2 28 earnings at the time of injury.  However, the weekly
  2 29 compensation benefits shall not exceed the payments to which
  2 30 the employee would be entitled under section 85.36 or section
  2 31 85.37, or under subsection 1 of this section.
  2 32    Sec. 4.  Section 85.61, subsection 2, Code Supplement 2005,
  2 33 is amended to read as follows:
  2 34    2.  a.  "Employer" includes and applies to a person, firm,
  2 35 association, or corporation, state, county, municipal
  3  1 corporation, school corporation, area education agency,
  3  2 township as an employer of volunteer fire fighters, volunteer
  3  3 emergency rescue technicians, and emergency medical care
  3  4 providers only, benefited fire district, and the legal
  3  5 representatives of a deceased employer.  "Employer" includes
  3  6 and applies to a rehabilitation facility approved for
  3  7 purchase=of=service contracts or for referrals by the
  3  8 department of human services or the department of education.
  3  9    b.  "Employer" also includes and applies to an eligible
  3 10 postsecondary institution as defined in section 261C.3,
  3 11 subsection 1, a school corporation, or an accredited nonpublic
  3 12 school if a student enrolled in the eligible postsecondary
  3 13 institution, school corporation, or accredited nonpublic
  3 14 school is providing unpaid services under a school=to=work
  3 15 program that includes, but is not limited to, the components
  3 16 provided for in section 258.10, subsection 2, paragraphs "a"
  3 17 through "f".  However, if a student participating in a school=
  3 18 to=work program is participating in open enrollment under
  3 19 section 282.18, "employer" means the receiving district.
  3 20 "Employer" also includes and applies to a community college as
  3 21 defined in section 260C.2, if a student enrolled in the
  3 22 community college is providing unpaid services under a school=
  3 23 to=work program that includes, but is not limited to, the
  3 24 components provided for in section 258.10, subsection 2,
  3 25 paragraphs "a" through "f", and that is offered by the
  3 26 community college pursuant to a contractual agreement with a
  3 27 school corporation or accredited nonpublic school to provide
  3 28 the program.  If a student participating in a school=to=work
  3 29 program that includes, but is not limited to, the components
  3 30 provided for in section 258.10, subsection 2, paragraphs "a"
  3 31 through "f", is paid for services provided under the program,
  3 32 "employer" means any entity otherwise defined as an employer
  3 33 under this subsection which pays the student for providing
  3 34 services under the program.
  3 35    c.  "Employer" also includes and applies to a person who
  4  1 contracts with a contractor for purposes of the person's trade
  4  2 or business and the person shall be subject to the
  4  3 jurisdiction of the workers' compensation commissioner and to
  4  4 all of the provisions of this chapter and chapters 85B, 86,
  4  5 and 87, as to all personal injuries sustained by employees of
  4  6 the contractor arising out of and in the course of performance
  4  7 of the contract with the person, if the contractor has failed
  4  8 to insure the contractor's workers' compensation liability or
  4  9 to obtain relief from insurance as provided in chapter 87.  A
  4 10 person who pays benefits pursuant to this paragraph is
  4 11 considered to be the employer of the contractor's employees
  4 12 for purposes of the exclusive remedy provisions of sections
  4 13 85.3 and 85.20, and for purposes of the subrogation and
  4 14 indemnity provisions of section 85.22.  A person who pays
  4 15 benefits to the employees of a contractor pursuant to this
  4 16 paragraph is entitled to be indemnified, with interest, by the
  4 17 contractor.  A person shall not be charged a premium for
  4 18 workers' compensation insurance for coverage of a contractor's
  4 19 employees if the person holds a current certificate of
  4 20 insurance or self=insurance showing that the contractor with
  4 21 whom the person has a contract is in compliance with chapter
  4 22 87.
  4 23    Sec. 5.  Section 87.8, unnumbered paragraph 1, Code 2005,
  4 24 is amended to read as follows:
  4 25    An insurer shall pay, when due, all benefits and
  4 26 compensation for which the insured is liable under this
  4 27 state's workers' compensation laws, regardless of whether the
  4 28 insured has reimbursed the insurer for any deductible due
  4 29 under the policy of insurance.  No policy of insurance issued
  4 30 under this chapter shall contain any provision relieving the
  4 31 insurer from payment if the insured becomes insolvent or
  4 32 discharged in bankruptcy during the period that the policy is
  4 33 in operation, or the compensation, or any part of it, is
  4 34 unpaid.
  4 35    Sec. 6.  Section 537.7103, Code Supplement 2005, is amended
  5  1 by adding the following new subsection:
  5  2    NEW SUBSECTION.  7.  A debt collector shall not collect or
  5  3 attempt to collect charges from an employee or an employee's
  5  4 dependents for treatment rendered the employee by any health
  5  5 service provider, after receiving actual notice that a
  5  6 contested case proceeding for determination of liability of
  5  7 workers' compensation benefits is pending as provided in
  5  8 section 85.27, subsection 6.
  5  9                           EXPLANATION
  5 10    Code section 85.1, subsection 6, is amended to provide that
  5 11 an employer assumes liability for workers' compensation
  5 12 coverage of certain domestic, casual, and agricultural
  5 13 employees that are exempt from workers' compensation
  5 14 requirements, by purchasing coverage that does not
  5 15 specifically exclude them.  The bill also provides that an
  5 16 employer cannot assume liability for workers' compensation
  5 17 coverage of police officers and firefighters who are entitled
  5 18 to benefits under Code chapters 410 and 411, and certain
  5 19 officers of a corporation other than a family farm corporation
  5 20 who voluntarily reject workers' compensation coverage.
  5 21 Currently, any employee exempt from workers' compensation
  5 22 requirements under this section is covered under a workers'
  5 23 compensation insurance policy only if the policy specifically
  5 24 includes the employee.
  5 25    Code section 85.27, subsection 6, and Code section 537.7103
  5 26 are amended to provide that debt collection for charges
  5 27 rendered to an employee by a health services provider that is
  5 28 undertaken after a creditor receives actual notice that a
  5 29 contested case proceeding for determination of liability for
  5 30 workers' compensation benefits is pending, constitutes a
  5 31 prohibited practice under the Iowa consumer credit code and
  5 32 entitles the employee or the employee's dependents to the
  5 33 remedies provided by the Iowa consumer credit code.
  5 34    Code section 85.33, subsection 4, is amended to remove a
  5 35 provision allowing an injured employee paid on the basis of
  6  1 output, with a minimum written guarantee, to be paid weekly
  6  2 workers' compensation temporary partial disability benefits
  6  3 using the minimum guarantee as the employee's weekly earnings
  6  4 at the time of injury.
  6  5    Code section 85.61, subsection 2, is amended to provide
  6  6 that an "employer" for purposes of workers' compensation laws
  6  7 includes a person who contracts with a contractor for purposes
  6  8 of the person's trade or business.  The bill provides that
  6  9 such a person is liable for all personal injuries sustained by
  6 10 employees of the contractor arising out of and in the
  6 11 performance of the contract with the person, if the contractor
  6 12 has failed to insure its workers' compensation liability.  The
  6 13 bill provides that a person who is liable for such workers'
  6 14 compensation benefits is considered to be the employer of the
  6 15 contractor's employees for purposes of exclusive remedy
  6 16 provisions and subrogation and indemnity provisions.  The bill
  6 17 also provides that such a person is entitled to be indemnified
  6 18 with interest by the contractor for the cost of benefits paid
  6 19 to the contractor's employees.  The bill provides that a
  6 20 person shall not be charged a premium for coverage of a
  6 21 contractor's employees if the person holds a current
  6 22 certificate showing that the contractor has complied with the
  6 23 insurance or self=insurance requirements of Code chapter 87.
  6 24    Code section 87.8 is amended to provide that an insurer
  6 25 must pay all workers' compensation benefits when due,
  6 26 regardless of whether the insured (the employer) has
  6 27 reimbursed the insurer for any deductible due under the policy
  6 28 of insurance.
  6 29 LSB 6371HH 81
  6 30 av:rj/gg/14