New Jersey-2022-A5540-Introduced

An Act concerning workers' compensation for health care workers, supplementing chapter 15 of Title 34 of the Revised Statutes, and making an appropriation.

Be It Enacted by the Senate and General Assembly of the State of New Jersey:

1. a. The Health Care Workers COVID-19 Supplemental Benefits Program is established in the Division of Workers' Compensation in the Department of Labor and Workforce Development to provide supplemental benefits to each eligible health care worker. The supplemental benefits shall be provided from the Second Injury Fund for the time in which an eligible health care worker qualifies for regular compensation awarded pursuant to R.S.34:15-12 equal to 70 percent of the weekly wages received at the time of injury subject to minimum and maximum compensation stated in subsection a. of R.S.34:15-12, but shall not commence until all benefits or compensation which is equal to the health care worker's full salary as required or permitted by law or a collective bargaining agreement have ended. The period in which the supplemental benefits are provided shall continue as long as the health care worker is unable to work because of illness or injury of the worker arising from contracting COVID-19 but shall not exceed a total of 180 weeks. The amount of the supplemental benefits provided pursuant to this section shall be such that the sum of the weekly regular compensation plus the weekly supplemental benefit is equal to 100 percent of the weekly wages received at the time of the injury, except that that sum shall not exceed $1,800. If the eligible health care worker is a volunteer who, pursuant to R.S.34:15-75, is conclusively presumed to have received a salary sufficient to be entitled to the maximum compensation authorized by R.S.34:15-1 et seq., and compensation of the amount of compensation calculated according to that presumption has been paid to the volunteer healthcare worker, the weekly supplemental benefits shall be such that, the sum of the weekly regular compensation and the weekly supplemental benefit shall be equal to 100 percent of the of the amount of weekly wages the volunteer health care worker was presumed, pursuant to R.S. 34:15-75, to have been paid to determine the amount of regular compensation, except that that sum shall not exceed $1,800. The supplemental benefits shall be provided only during the time the health care worker is unable to work in any employment.

b. Supplemental benefits shall not be provided pursuant to this section unless a claim is filed within two years following the end of the public health emergency which was declared by the Governor in Executive Order 103 of 2020 and extended by subsequent executive orders. If a claim for supplemental benefits filed within that two-year period is approved, the benefits shall be rewarded retroactively to the beginning of the supplemental benefit period indicated in subsection a. of this section.

c. This section is intended to provide supplemental benefits to eligible health care workers under the circumstances specified in this section, and shall not be construed as reducing, limiting or curtailing any rights of any worker or employee to any benefits provided by R.S.34:15-1 et seq.

2. a. The commissioner shall, not later than October 31 of 2023 and each subsequent year until the commissioner determines that all eligible health care workers have received all supplemental benefits to which they are entitled pursuant to section 1 of P.L. , c. (C. ) (pending before the Legislature as this bill), issue to the Legislature and the advisory council established pursuant to pursuant to section 3 of P.L. , c. (C. ) (pending before the Legislature as this bill), and make public, a report containing:

(1) available information regarding the number of claim petitions with respect to which a determination was rendered by the Division of Workers' Compensation that the claimant is an eligible health care worker entitled to a supplemental benefit pursuant to section 1 of P.L. , c. (C. ) (pending before the Legislature as this bill), the total amount of supplemental benefits awarded pursuant to that section, the total anticipated costs, and the accrued costs for the period of the report, of those supplemental benefits; and

(2) an estimate of what portion of the funds appropriated pursuant to section 5 of P.L. , c. (C. ) (pending before the Legislature as this bill) will be necessary to pay all benefits awarded pursuant to section 1 of P.L. , c. (C. ) (pending before the Legislature as this bill), and a request to the Governor and the Legislature for any additional appropriation which may be required to make the payments.

b. Supplemental benefits paid pursuant to section 1 of P.L. , c. (C. ) (pending before the Legislature as this bill) shall not be considered when:

(1) making a determination of the aggregate annual surcharge to be levied upon policyholders and self-insured employers pursuant to R.S. 34:15-94; or

(2) calculating an employer's Experience Modification Factor, pursuant to the New Jersey Workers' Compensation and Employers Liability and Insurance Manual administered by the Compensation Rating and Inspection Bureau established by section 2 of P.L.1995, c.393 (C.34:15-89.1) and section 1 of P.L.2008, c.97 (C. 34:15-90.1).

3. a. There is established in the Division of Workers' Compensation in the Department of Labor and Workforce Development the Health Care Workers COVID-19 Supplemental Benefits Program Advisory Council.

b. The advisory council shall consist of 12 members as follows:

(1) the Commissioner of Labor and Workforce Development or a designee, who shall serve ex officio;

(2) the Commissioner of Human Services or a designee, who shall serve ex officio;

(3) the Commissioner of Health or a designee, who shall serve ex officio;

(4) the Executive Director of the New Jersey Compensation Rating and Inspection Bureau;

(5) for each of the following six organizations, one representative selected by the organization from the part of the organization that represents health care workers in New Jersey: the Health Professionals and Allied Employees; the Communications Workers of America; JNESO, the Professional Health Care Union; the Service Employees International Union; the American Federation of State County and Municipal Employees; and the United Steelworkers Union; and

(6) two public members appointed by the Governor, each of whom shall have experience serving as a health care worker.

c. Public members of the advisory council shall serve until the end of a term of three years and be eligible for reappointment, or until the advisory council is dissolved pursuant to subsection f. of this section, whichever occurs first. Vacancies in the membership shall be filled in the same manner in which the original appointments were made. The members of the advisory council shall serve without compensation, but may, within the limits of funds appropriated or otherwise made available to the council, be reimbursed for actual expenses necessarily incurred by the members in the discharge of their official duties.

d. The advisory council shall be entitled to receive assistance and services from any State, county, or municipal department, board, commission, or agency as may be available to it for its purposes. The division shall provide staff and administrative support to the advisory council.

e. The advisory council shall organize within 30 days after the appointment of its members. The members shall select one person from among them to serve as the chairperson. The members also shall select a secretary who need not be a member of the advisory council.

f. The advisory council shall advise the division on best practices and provide recommendations concerning the administration of the Health Care Workers COVID-19 Supplemental Benefits Program. The advisory council shall issue annual reports to the Governor and the Legislature, pursuant to section 2 of P.L.1991, c.164 (C.52:14-19.1), summarizing its activities and providing recommendations for administration of the program. The first annual report shall be issued not later than March 31, 2024, and an annual reports shall be issued not later than March 31 of each subsequent year until the commissioner determines that all eligible health care workers have received all supplemental benefits to which they are entitled pursuant to section 1 of P.L. , c. (C. ) (pending before the Legislature as this bill). The advisory council shall dissolve on the 30th day after the issuance of its final annual report.

4. For the purposes of P.L. , c. (C. ) (now pending before the Legislature as this bill):

"Commissioner" means the "Commissioner of Labor and Workforce Development" or designees of the commissioner.

"Eligible health care worker" means a health care worker who is eligible for workers' compensation because of illness or injury of the worker arising from contracting COVID-19 and it has been determined that the contraction is work-related and compensable under the provisions of R.S.34:15-1 et seq., including a determination made pursuant to section 2 of P.L.2020, c.84 (C.34:15-31.12) or section 6 of P.L2019, c.156 (C.34:15-31.7).

"Health care worker" means an individual who is employed by a health care facility or is involved in providing medical and other healthcare services, emergency transportation, social services, and other care services, including services provided in health care facilities, residential facilities, or homes.

"Health care facility" means any non-federal institution, building or agency, or portion thereof, whether public or private, for profit or nonprofit, that is used, operated or designed to provide health services, medical or dental treatment or nursing, rehabilitative, or preventive care to any person. Health care facility includes, but is not limited to: an ambulatory surgical facility, home health agency, hospice, hospital, infirmary, intermediate care facility, dialysis center, long-term care facility, medical assistance facility, mental health center, paid and volunteer emergency medical services, outpatient facility, public health center, rehabilitation facility, residential treatment facility, skilled nursing facility, and adult day care center. Health care facility also includes, but is not limited to, the following related property when used for or in connection with the foregoing: a laboratory, research facility, pharmacy, laundry facility, health personnel training and lodging facility, patient, guest and health personnel food service facility, and the portion of an office or office building used by persons engaged in health care professions or services.

5. There is appropriated from the federal "Coronavirus State Fiscal Recovery Fund" established pursuant to the federal "American Rescue Plan Act of 2021", Pub.L.117-2 to the Second Injury Fund $30,000,000 for the Health Care Workers COVID-19 Supplemental Benefits Program in the Division of Workers' Compensation in Department of Labor and Workforce Development. The commissioner shall use the funds received pursuant to this section exclusively for the provision and administration of supplemental benefits to eligible healthcare workers as set forth in section 1 of P.L. , c. (C. ) (pending before the Legislature as this bill), and any expenses of the advisory council established pursuant to section 3 of P.L. , c. (C. ) (pending before the Legislature as this bill) and its members deemed necessary by the commissioner. A reasonable portion of the appropriated amount, not to exceed 2.5 percent, may be used for organizational, administrative, and other work and services, including salaries, equipment, services, and materials necessary for the provision and administration of the supplemental benefits. Upon a determination by the commissioner that all eligible health care workers have received all supplemental benefits to which they are entitled pursuant to section 1 of P.L. , c. (C. ) (pending before the Legislature as this bill), any of the funds appropriated from the General Fund to the Second Injury Fund for the Health Care Workers COVID-19 Supplemental Benefits Program which remain shall be returned to the federal "Coronavirus State Fiscal Recovery Fund" established pursuant to the federal "American Rescue Plan Act of 2021," Pub.L.117-2.

6. This act shall take effect immediately.

STATEMENT

This bill establishes the Health Care Workers COVID-19 Supplemental Benefits Program in the Division of Workers' Compensation.

The bill provides supplemental benefits to health care workers determined to be eligible for workers' compensation because they have contracted COVID-19 in the course of employment. The supplemental benefits are provided for the time in which an eligible healthcare worker qualifies for regular workers' compensation equal to 70 percent of the weekly wages received at the time of injury subject to the stated minimum and maximum compensation levels. The supplemental benefits do not commence until all benefits which are equal to the health care worker's full salary have ended. The supplemental benefits are provided as long as the health care worker is unable to work due to COVID-19 but not more than 180 weeks. The amount of the supplemental benefit is such that the sum of the weekly regular workers' compensation plus the weekly supplemental benefit equals 100 percent of the health care worker's weekly wage, except that that sum shall not exceed $1,800, with similar adjustments made to compensation paid to volunteer health care workers.

The bill directs the Commissioner of Labor and Workforce Development to issue annual reports of available information regarding the number of claims by health care workers entitled to the supplemental benefits, the total amount of benefits awarded, the total anticipated and the accrued costs of the benefits, and an estimate of what portion of the funds appropriated for the program will be needed to pay all of the benefits, and a request to the Governor and the Legislature for any additional appropriation which may be required to make the payments. The supplemental benefits are not to be considered in determining the annual surcharge levied on policyholders and self-insured employers for the Second Injury Fund or the experience ratings of individual employers.

The bill establishes the Health Care Workers COVID-19 Supplemental Benefits Program Advisory Council in the Division of Workers' Compensation to advise the division and provide recommendations concerning the administration of the program. The advisory council will be dissolved, and the annual reports by both the council and the commissioner will cease, upon a determination that that all eligible health care workers have received all supplemental benefits to which they are entitled.

The bill appropriates from the General Fund to the Second Injury Fund $30,000,000 from the Health Care Workers COVID-19 Supplemental Benefits Program, to be used for the provision of the supplemental benefits and any necessary expenses of the advisory council.

The purpose of this legislation is to assist health care workers, whose public service has rendered them particularly vulnerable to COVID-19, by alleviating long-term economic hardships due to COVID-19. The support provided by the bill is especially important in cases where health care workers become unable to work for long periods of time because of persistent, long-term symptoms following recovery from acute COVID-19, colloquially known as "long COVID."