AB 2616, as amended, Skinner. Workers’ compensation: hospital employers: compensation.
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 a methicillin-resistant Staphylococcus aureus 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 a MRSA skin infection arises out of and in the course of the person’s employment if the MRSA skin infection develops or manifests, as specified. This bill would prohibit attributing a 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:
The Legislature finds and declares all of the
2following:
3(a) According to the United States Department of Labor, health
4care is the second fastest growing sector of the United States
5economy,begin insert currentlyend insert employing overbegin delete 12end deletebegin insert 16end insert million workers. Women
6represent nearly 80 percent of the health care workforce.
7(b) By the nature of their profession, health care workers are in
8constant danger of being directly exposed to many infectious
9diseases and indirectly exposed through contact with various pieces
10of equipment, chemicals, and clothing.
11(c) Registered nurses constitute the largest occupation within
12the health care sector and number over 2.5 million, of which 70
13percent are employed in hospitals.
14(d) Health care-acquired infections in California hospitals
15account for an estimated 200,000 infections and 12,000 deaths
16annually, according to the State Department of Public Health.
17(e) According to the Office of Statewide Health Planning and
18Development, in 2007 there were 52,000 cases of patients infected
19by
methicillin-resistant Staphylococcus aureus (MRSA) at hospitals
20across the state.
21(f) Public safety employees, such as police officers and
22firefighters, already have guaranteed access to the workers’
23compensation system for methicillin-resistant Staphylococcus
24aureus skin infection (MRSA skin infection), HIV, cancer,
25leukemia, meningitis, back injuries, and other work-related illnesses
26and injuries. However, presumptive eligibility for workers’
27compensation is nonexistent for health care workers.
28(g) Due to the rise in work-related illnesses and injuries,
29including a MRSA skin infection, it is most appropriate to protect
30health care workers by ensuring access to workers’ compensation
31for health care workers who suffer workplace injuries or contract
32infectious
diseases.
Section 3212.13 is added to the Labor Code, to read:
(a) In the case of a hospital employee who provides
2direct patient care in an acute care hospital, referred to in this
3section as hospital employee, the term “injury,” as used in this
4section, includes a methicillin-resistant Staphylococcus aureus
5skin infection (MRSA skin infection) that develops or manifests
6itself during a period of the person’s employment with the hospital.
7The compensation awarded for that injury shall include full
8hospital, surgical, medical treatment, disability indemnity, and
9death benefits, as provided by this division.
10(b) (1) A MRSA skin infection that develops or manifests itself
11shall be presumed to arise out of and
in the course of employment.
12This presumption is disputable and may be controverted by other
13evidence, but if controverting evidence is not produced, the
14presumption shall prevail.
15(2) The MRSA skin infection presumption shall be extended to
16a hospital employee following termination of service for a period
17of 60 days, commencing with the last date actually worked.
18(c) A MRSA skin infection that develops or manifests itself in
19circumstances described in subdivision (b) shall not be attributed
20to a disease or skin infection existing prior to that development or
21manifestation.
22(d) For the purposes of this section, “acute care hospital” means
23a health facility as defined in subdivision (a) or (b) of Section 1250
24of the
Health and Safety Code.
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