Bill Text: CA AB808 | 2011-2012 | Regular Session | Amended

---

Bill Title: Workers' compensation: hospital employers: presumption.

Spectrum: Partisan Bill (Democrat 3-0)

Status: (Engrossed - Dead) 2012-08-30 - Ordered to inactive file pursuant to Senate Rule 29. Ordered to inactive file at the request of Senator Dutton. [AB808 Detail]

Download: California-2011-AB808-Amended.html

---

BILL NUMBER: AB 808	AMENDED
	BILL TEXT

	AMENDED IN SENATE  AUGUST 6, 2012
	AMENDED IN SENATE  MAY 29, 2012
	AMENDED IN ASSEMBLY  MAY 11, 2011
	AMENDED IN ASSEMBLY  MARCH 30, 2011

INTRODUCED BY   Assembly Member Skinner
   (Principal coauthor: Senator Alquist)
   (Coauthor: Assembly Member Wieckowski)

                        FEBRUARY 17, 2011

   An act to add Section 3212.13 to the Labor Code, relating to
workers' compensation.


	LEGISLATIVE COUNSEL'S DIGEST


   AB 808, as amended, Skinner. Workers' compensation: hospital
employers: presumption.
   Existing law provides that an injury of an employee arising out of
and in the course of employment is generally compensable through the
workers' compensation system. Existing law provides that, in the
case of certain public employees, the term "injury" includes heart
trouble, hernia, pneumonia, meningitis, lower back impairment, and
other injuries and diseases.
   This bill would provide, with respect to hospital employees who
provide direct patient care in an acute care hospital, that the term
"injury" includes methicillin-resistant Staphylococcus aureus
 (MRSA)   skin infection (MRSA skin infection)
 that develops or manifests itself during the period of the
person's employment with the hospital. This bill would create a
presumption that MRSA  skin infection  arises out of and in
the course of the person's employment if MRSA  skin infection
 develops or manifests as specified. This bill would prohibit
attributing MRSA  skin infection  that develops or manifests
in those cases to any disease or skin infection existing prior to
that development or manifestation.
   Vote: majority. Appropriation: no. Fiscal committee: yes.
State-mandated local program: no.


THE PEOPLE OF THE STATE OF CALIFORNIA DO ENACT AS FOLLOWS:

  SECTION 1.  The Legislature finds and declares all of the
following:
   (a) According to the United States Department of Labor, health
care is the second fastest growing sector of the United States
economy, employing over 12 million workers. Women represent nearly 80
percent of the health care workforce.
   (b) By the nature of their profession, health care workers are in
constant danger of being directly exposed to many infectious diseases
and indirectly exposed through contact with various pieces of
equipment, chemicals, and clothing.
   (c) Registered nurses constitute the largest occupation within the
health care sector and number over 2.5 million, of which 70 percent
are employed in hospitals.
   (d) Health care acquired infections in California hospitals
account for an estimated 200,000 infections and 12,000 deaths
annually, according to the State Department of Public Health.
   (e) According to the Office of Statewide Health Planning and
Development, in 2007 there were 52,000 cases of patients infected by
methicillin-resistant Staphylococcus aureus (MRSA) at hospitals
across the state.
   (f) Public safety employees, such as police officers and
firefighters, already have guaranteed access to the workers'
compensation system for  MRSA  
methicillian-resistant Staphylococcus aureus skin infection (MRSA
skin infection)  , HIV, cancer, leukemia, meningitis, back
injuries, and other work-related illnesses and injuries. However,
presumptive eligibility for workers' compensation is nonexistent for
health care workers.
   (g) Due to the rise in work-related illnesses and injuries,
including MRSA  skin infection  , it is most appropriate to
protect health care workers by ensuring access to workers'
compensation for health care workers who suffer workplace injuries or
contract infectious diseases.
  SEC. 2.  Section 3212.13 is added to the Labor Code, to read:
   3212.13.  (a) In the case of a hospital employee who provides
direct patient care in an acute care hospital, referred to in this
section as hospital employee, the term "injury," as used in this
section, includes methicillin-resistant Staphylococcus aureus
 (MRSA)   skin infection (MRSA skin infection)
 which develops or manifests itself during a period of the
person's employment with the hospital. The compensation awarded for
that injury shall include full hospital, surgical, medical treatment,
disability indemnity, and death benefits, as provided by this
division.
   (b) (1) MRSA  which   skin infection that
 develops or manifests itself shall be presumed to arise out of
and in the course of employment. This presumption is disputable and
may be controverted by other evidence, but unless other evidence is
controverted, the  presumptions   presumption
 shall prevail.
   (2) The MRSA  skin infection  presumption shall be
extended to a hospital employee following termination of service for
a period of 60 days, commencing with the last date actually worked.
   (c) MRSA  skin infection  that develops or manifests
itself in circumstances described in subdivision (b) shall not be
attributed to any disease or skin infection existing prior to that
development or manifestation.
   (d) For the purposes of this section, "acute care hospital" means
a health facility as defined in subdivision (a) or (b) of Section
1250 of the Health and Safety Code.