BILL NUMBER: AB 2616 AMENDED
BILL TEXT
AMENDED IN SENATE AUGUST 18, 2014
AMENDED IN ASSEMBLY APRIL 29, 2014
AMENDED IN ASSEMBLY APRIL 3, 2014
AMENDED IN ASSEMBLY MARCH 28, 2014
INTRODUCED BY Assembly Member Skinner
FEBRUARY 21, 2014
An act to amend Section 4663 of, and to add Section
3212.13 to to, the Labor Code, relating
to workers' compensation.
LEGISLATIVE COUNSEL'S DIGEST
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.
Existing law requires any physician who prepares a report
addressing the issue of permanent disability due to a claimed
industrial injury to address the issue of causation of the permanent
disability, subject to exemptions for specified injuries or
illnesses.
This bill would also exempt the above medical condition for
hospital employees who provide direct patient care in an acute care
hospital from the application of this requirement.
Vote: majority. Appropriation: no. Fiscal committee: yes.
State-mandated local program: no.
THE PEOPLE OF THE STATE OF CALIFORNIA DO ENACT AS FOLLOWS:
SECTION 1. The Legislature finds and declares all of the
following:
(a) According to the United States Department of Labor, health
care is the second fastest growing sector of the United States
economy, currently employing over 16 million workers. Women represent
nearly 80 percent of the health care workforce.
(b) By the nature of their profession, health care workers are in
constant danger of being directly exposed to many infectious diseases
and indirectly exposed through contact with various pieces of
equipment, chemicals, and clothing.
(c) Registered nurses constitute the largest occupation within the
health care sector and number over 2.5 million, of which 70 percent
are employed in hospitals.
(d) Health care-acquired infections in California hospitals
account for an estimated 200,000 infections and 12,000 deaths
annually, according to the State Department of Public Health.
(e) According to the Office of Statewide Health Planning and
Development, in 2007 there were 52,000 cases of patients infected by
methicillin-resistant Staphylococcus aureus (MRSA) at hospitals
across the state.
(f) Public safety employees, such as police officers and
firefighters, already have guaranteed access to the workers'
compensation system for methicillin-resistant Staphylococcus aureus
skin infection (MRSA skin infection), HIV, cancer, leukemia,
meningitis, back injuries, and other work-related illnesses and
injuries. However, presumptive eligibility for workers' compensation
is nonexistent for health care workers.
(g) Due to the rise in work-related illnesses and injuries,
including a MRSA skin infection, it is most appropriate to protect
health care workers by ensuring access to workers' compensation for
health care workers who suffer workplace injuries or contract
infectious diseases.
SEC. 2. Section 3212.13 is added to the Labor Code, to read:
3212.13. (a) In the case of a hospital employee who provides
direct patient care in an acute care hospital, referred to in this
section as hospital employee, the term "injury," as used in this
section, includes a methicillin-resistant Staphylococcus aureus skin
infection (MRSA skin infection) that develops or manifests itself
during a period of the person's employment with the hospital. The
compensation awarded for that injury shall include full hospital,
surgical, medical treatment, disability indemnity, and death
benefits, as provided by this division.
(b) (1) A MRSA skin infection that develops or manifests itself
shall be presumed to arise out of and in the course of employment.
This presumption is disputable and may be controverted by other
evidence, but if controverting evidence is not produced, the
presumption shall prevail.
(2) The MRSA skin infection presumption shall be extended to a
hospital employee following termination of service for a period of 60
days, commencing with the last date actually worked.
(c) A MRSA skin infection that develops or manifests itself in
circumstances described in subdivision (b) shall not be attributed to
a disease or skin infection existing prior to that development or
manifestation.
(d) For the purposes of this section, "acute care hospital" means
a health facility as defined in subdivision (a) or (b) of Section
1250 of the Health and Safety Code.
SEC. 3. Section 4663 of the Labor Code
is amended to read:
4663. (a) Apportionment of permanent disability shall be based on
causation.
(b) Any physician who prepares a report addressing the issue of
permanent disability due to a claimed industrial injury shall in that
report address the issue of causation of the permanent disability.
(c) In order for a physician's report to be considered complete on
the issue of permanent disability, the report must include an
apportionment determination. A physician shall make an apportionment
determination by finding what approximate percentage of the permanent
disability was caused by the direct result of injury arising out of
and occurring in the course of employment and what approximate
percentage of the permanent disability was caused by other factors
both before and subsequent to the industrial injury, including prior
industrial injuries. If the physician is unable to include an
apportionment determination in his or her report, the physician shall
state the specific reasons why the physician could not make a
determination of the effect of that prior condition on the permanent
disability arising from the injury. The physician shall then consult
with other physicians or refer the employee to another physician from
whom the employee is authorized to seek treatment or evaluation in
accordance with this division in order to make the final
determination.
(d) An employee who claims an industrial injury shall, upon
request, disclose all previous permanent disabilities or physical
impairments.
(e) Subdivisions (a), (b), and (c) shall not apply to injuries or
illnesses covered under Sections 3212, 3212.1, 3212.2, 3212.3,
3212.4, 3212.5, 3212.6, 3212.7, 3212.8, 3212.85, 3212.9, 3212.10,
3212.11, 3212.12, 3212.13, 3213, and 3213.2.