KY HB2 | 2018 | Regular Session

Status

Completed Legislative Action
Spectrum: Partisan Bill (Republican 10-0)
Status: Passed on March 30 2018 - 100% progression
Action: 2018-03-30 - signed by Governor (Acts, ch. 40)
Text: Latest bill text (Draft #3) [PDF]

Summary

Amend KRS 342.020 to limit the time period of payment of medical expenses for certain permanent partial disabilities to 780 weeks but provide a mechanism to apply for extended benefits; limit the number of drug screens for which the employer will be liable; amend KRS 342.035 to specify circumstances upon which utilization review can be waived; mandate promulgation of treatment guidelines and a pharmaceutical formulary; clarify that a fee shall not be charged when an injured worker requests the initial copy of medical records; amend KRS 342.040 to indicate that interest will not accrue when the delay in payment of benefits was caused by the employee; amend KRS 342.125 to clarify that the four-year period in which to reopen a claim begins on the date of the original order granting or denying benefits and that subsequent orders granting or denying benefits shall not be considered an original order; amend KRS 342.185 to indicate that an application for adjustment of claim for compensation for a cumulative trauma injury must be made within five years of the last injurious exposure to the cumulative trauma; amend KRS 342.270 to require commissioner of Department of Workers' Claims to promulgate regulations establishing procedures for resolution of claims; amend KRS 342.315 to include pulmonary specialist as an examiner; amend KRS 342.316 to change procedure for filing occupational disease claims; amend KRS 342.320 to change calculation of attorney fees and increase limitation on amount of fees; amend KRS 342.610 to indicate that the employee must show that the voluntary introduction of a substance into his or her body that causes a disturbance of mental or physical capacities was not the proximate cause of his or her injury; amend KRS 342.700 to allow the recovery in subrogation of indemnity and medical expenses paid to or on behalf of the employee, less a pro rata share of the employee's legal expenses; amend KRS 342.730 to increase average weekly wage caps; set time limits for total disability benefits paid to certain professional athletes; allow payment of temporary total disability benefits to be offset by gross income minus applicable taxes paid to an employee during a period of light-duty work or work in an alternative job position; provide an offset against temporary total disability benefits for salary continuation or wholly employer-funded disability retirement plans; indicate that benefits shall terminate when a plaintiff reaches age 67 or two years after the date of injury, whichever shall last occur; amend KRS 342.7305 to require employment for a minimum of one year in order to be the responsible employer in a hearing loss claim; amend KRS 342.732 to set forth parameters for retraining; delete provisions of KRS 342.792 requiring the commissioner of Department of Workers' Claims to adopt regulations regarding the "B" reader process; amend KRS 342.794 to require commissioner of Department of Workers' Claims to maintain a list of "B" readers who are pulmonary specialists; amend KRS 342.990 to conform; specify the applicability of substantive changes to claims arising on or after effective date of Act and remedial changes to all claims irrespective of injury date.

Tracking Information

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Title

AN ACT relating to workers' compensation.

Sponsors


Roll Calls

2018-03-27 - House - House: Third Reading RCS# 422 (Y: 55 N: 39 NV: 0 Abs: 6) [PASS]
2018-03-27 - House - House: Concur SFA 1 RCS# 421 (Y: 57 N: 24 NV: 0 Abs: 19) [PASS]
2018-03-27 - House - House: Concur SCS 1 RCS# 420 (Y: 52 N: 39 NV: 0 Abs: 9) [PASS]
2018-03-22 - Senate - Senate: Third Reading W/SCS 1, SFA 1 RSN# 616 (Y: 23 N: 14 NV: 0 Abs: 1) [PASS]
2018-02-21 - House - House: Third Reading RCS# 161 (Y: 55 N: 39 NV: 1 Abs: 3) [PASS]
2018-02-21 - House - House: Adopt HFA 1 RCS# 160 (Y: 40 N: 49 NV: 0 Abs: 9) [FAIL]
2018-02-21 - House - House: Suspend the Rules RCS# 159 (Y: 69 N: 11 NV: 0 Abs: 18) [PASS]
2018-02-20 - House - House: Suspend the Rules RCS# 152 (Y: 50 N: 35 NV: 0 Abs: 13) [PASS]

History

DateChamberAction
2018-03-30Housesigned by Governor (Acts, ch. 40)
2018-03-29Housedelivered to Governor
2018-03-29Houseenrolled, signed by President of the Senate
2018-03-29Houseenrolled, signed by Speaker of the House
2018-03-27Housepassed 55-39
2018-03-27HouseHouse concurred in Senate Committee Substitute and floor amendment (1)
2018-03-27Houseposted for passage for concurrence in Senate Committee Substitute and floor amendment (1)
2018-03-27Housetaken from Rules (H)
2018-03-22Houseto Rules (H)
2018-03-22Housereceived in House
2018-03-22Senatepassed 23-14 with Committee Substitutes (1) floor amendment (1)
2018-03-22Senatefloor amendment (2) defeated
2018-03-22Senate3rd reading
2018-03-22Senateposted for passage in the Regular Orders of the Day for Thursday, March 22, 2018
2018-03-21Senatefloor amendment (1) and (2) filed to Committee Substitute
2018-03-21Senatereported favorably, to Rules with Committee Substitute (1)
2018-03-20Senatereturned to State & Local Government (S)
2018-03-20Senate2nd reading
2018-03-20Senatetaken from State & Local Government (S)
2018-03-19Senatereturned to State & Local Government (S)
2018-03-19Senate1st reading
2018-03-19Senatetaken from State & Local Government (S)
2018-03-05Senateto State & Local Government (S)
2018-02-22Senatereceived in Senate
2018-02-21Housepassed 55-39 with floor amendment (2)
2018-02-21Housefloor amendment (1) defeated
2018-02-20Housefloor amendments (2) and (3) filed
2018-02-20Housereturned to the Orders of the Day
2018-02-20House3rd reading
2018-02-16Housefloor amendment (1) filed
2018-02-16Houseposted for passage in the Regular Orders of the Day for Tuesday, February 20, 2018
2018-02-16House2nd reading, to Rules
2018-02-15Housereported favorably, 1st reading, to Calendar
2018-02-13Houseposted in committee
2018-02-13Houseto Economic Development & Workforce Investment (H)
2018-02-12Houseintroduced in House

Kentucky State Sources


Bill Comments

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