BILL ANALYSIS Ó
AB 2616
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CONCURRENCE IN SENATE AMENDMENTS
AB 2616 (Skinner)
As Amended August 18, 2014
Majority vote
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|ASSEMBLY: |48-26|(May 28, 2014) |SENATE: |24-9 |(August 20, |
| | | | | |2014) |
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Original Committee Reference: PUB. S.
SUMMARY : Extends to certain hospital employees who provide
direct patient care the presumption that methicillin-resistant
Staphylococcus aureus (MRSA) infections are presumed to be job
related.
The Senate amendments add the proposed new presumptive injuries
to the list of existing presumptive injuries for which a
treating physician is not required to apportion causation for
disability purposes to either nonindustrial, or prior
industrial, injuries.
EXISTING LAW :
1)Establishes a comprehensive system of workers' compensation
benefits for injuries, including diseases, that arise out of
and in the course of employment. The benefits include full
medical benefits to treat the injury or condition,
indemnification for temporary and permanent disability, and
death benefits.
2)Requires in most cases that the employee prove that the injury
or condition underlying the claim arose out of and in the
course of employment.
3)Provides safety officers (specified police, sheriff, and
firefighter employees) with a presumption that certain
injuries or conditions are related to employment. The list of
conditions or injuries for which presumptions apply include
cancer, heart trouble, blood-borne pathogens, hernia,
tuberculosis, as well as MRSA.
1)FISCAL EFFECT : According to the Assembly Appropriations
Committee, this bill would apply to several state-run
AB 2616
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facilities, namely, state hospitals, developmental centers,
and correctional treatment facilities that are all funded
through General Fund (GF) dollars. The number of additional
MRSA cases among state-employed direct care nursing staff is
as a result of the presumption is likely to be small.
However, if even one additional MRSA-related workers'
compensation claims was filed and approved as a result of this
presumption, the cost could easily be in excess of $200,000
GF.
COMMENTS :
1)Minor Senate amendment. Under existing law, most injuries
that result in partial or total permanent disability are
subject to a physician evaluating whether or not some portion
of that disability is caused by a non-industrial injury, or by
a prior industrial injury. This evaluation process is termed
"apportionment." However, injuries that a presumed to be
work-related pursuant to existing law are not subject to
apportionment. The Senate amendments merely add this new MRSA
presumption to the list of injuries for which apportionment
does not apply.
2)Prior legislation. AB 664 (Skinner) of 2009 and AB 1994
(Skinner) of 2010 proposed including nurses in the full range
of presumptions afforded safety officers. AB 664 and AB 1994
were held on the Assembly Appropriations Committee suspense
file. AB 375 (Skinner) of 2011 initially was similar to AB
664 and AB 1994, but was narrowed to include fewer of the
presumptions. It failed passage on the Senate Floor. AB 808
(Skinner) of 2012 was identical to AB 2616 in the form
currently before the Insurance Committee, but was held on the
Senate inactive file.
Analysis Prepared by : Mark Rakich / INS. / (916) 319-2086
FN: 0004909