BILL ANALYSIS Ó AB 2616 Page 1 CONCURRENCE IN SENATE AMENDMENTS AB 2616 (Skinner) As Amended August 18, 2014 Majority vote ----------------------------------------------------------------- |ASSEMBLY: |48-26|(May 28, 2014) |SENATE: |24-9 |(August 20, | | | | | | |2014) | ----------------------------------------------------------------- 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 Page 2 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