hon. dean kirby, chairman ms senate public health & welfare committee

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Page 1: Hon. Dean Kirby, Chairman MS Senate Public Health & Welfare Committee
Page 2: Hon. Dean Kirby, Chairman MS Senate Public Health & Welfare Committee
Page 3: Hon. Dean Kirby, Chairman MS Senate Public Health & Welfare Committee

Hon. Dean Kirby, ChairmanMS Senate Public Health & Welfare Committee

Page 4: Hon. Dean Kirby, Chairman MS Senate Public Health & Welfare Committee

Hon. Dean Kirby, ChairmanMS Senate Public Health & Welfare Committee

Hon. Gary Chism, ChairmanMS House Insurance Committee

Page 5: Hon. Dean Kirby, Chairman MS Senate Public Health & Welfare Committee

Hon. Dean Kirby, ChairmanMS Senate Public Health & Welfare Committee

Hon. Gary Chism, ChairmanMS House Insurance Committee

Hon. Giles Ward, Chairman MS Senate Wildlife, Fisheries and Parks

Page 6: Hon. Dean Kirby, Chairman MS Senate Public Health & Welfare Committee

Hon. Dean Kirby, ChairmanMS Senate Public Health & Welfare Committee

Hon. Gary Chism, ChairmanMS House Insurance Committee

Hon. Giles Ward, Chairman MS Senate Wildlife, Fisheries and Parks

Ms. Betty Arinder, Atty. Wells, Marble & Hurst P.A.

Page 7: Hon. Dean Kirby, Chairman MS Senate Public Health & Welfare Committee

Discussion of new laws passed in 2013 that affected Health and Workers’ Comp Insurance:

Page 8: Hon. Dean Kirby, Chairman MS Senate Public Health & Welfare Committee

Discussion of new laws passed in 2013 that affected Health and Workers’ Comp Insurance:

Prohibiting restrictions on assigning of benefits (HB374)

Page 9: Hon. Dean Kirby, Chairman MS Senate Public Health & Welfare Committee

Discussion of new laws passed in 2013 that affected Health and Workers’ Comp Insurance:

Prohibiting restrictions on assigning of benefits (HB374)Telemedicine must be covered same as in-person services. (SB2209)

Page 10: Hon. Dean Kirby, Chairman MS Senate Public Health & Welfare Committee

Discussion of new laws passed in 2013 that affected Health and Workers’ Comp Insurance:

Prohibiting restrictions on assigning of benefits (HB374)Telemedicine must be covered same as in-person services. (SB2209)Prior authorization forms for prescription

benefits must now be uniform (HB301)

Page 11: Hon. Dean Kirby, Chairman MS Senate Public Health & Welfare Committee

Discussion of new laws passed in 2013 that affected Health and Workers’ Comp Insurance:

Prohibiting restrictions on assigning of benefits (HB374)Telemedicine must be covered same as in-person services. (SB2209)Prior authorization forms for prescription

benefits must now be uniform (HB301)Sales of certain home medical equipment &

supplies now state tax-exempt (SB2244)

Page 12: Hon. Dean Kirby, Chairman MS Senate Public Health & Welfare Committee

Discussion of laws defeated in 2013 that would have affected Health and Workers’ Comp Insurance:

Page 13: Hon. Dean Kirby, Chairman MS Senate Public Health & Welfare Committee

Discussion of laws defeated in 2013 that would have affected Health and Workers’ Comp Insurance:

Increase workers’ comp to 520 weeks and remove cap on perm total (SB 2180)

Page 14: Hon. Dean Kirby, Chairman MS Senate Public Health & Welfare Committee

Discussion of laws defeated in 2013 that would have affected Health and Workers’ Comp Insurance:

Increase workers’ comp to 520 weeks and remove cap on perm total (SB 2180)Require workplace med services and transportation for injured workers (SB 2295)

Page 15: Hon. Dean Kirby, Chairman MS Senate Public Health & Welfare Committee

Discussion of laws defeated in 2013 that would have affected Health and Workers’ Comp Insurance:

Increase workers’ comp to 520 weeks and remove cap on perm total (SB 2180)Require workplace med services and transportation for injured workers (SB 2295)Require MWCC to hold hearings within certain time period (SB2179)

Page 16: Hon. Dean Kirby, Chairman MS Senate Public Health & Welfare Committee

Discussion of laws defeated in 2013 that would have affected Health and Workers’ Comp Insurance:

Increase workers’ comp to 520 weeks and remove cap on perm total (SB 2180)Require workplace med services and transportation for injured workers (SB 2295)Require MWCC to hold hearings within certain time period (SB2179)Prohibit discharge of employee filing Workers’ Comp claim in good faith (HB694)

Page 17: Hon. Dean Kirby, Chairman MS Senate Public Health & Welfare Committee

Discussion of laws defeated in 2013 that would have affected Health and Workers’ Comp Insurance:

Increase workers’ comp to 520 weeks and remove cap on perm total (SB 2180)Require workplace med services and transportation for injured workers (SB 2295)Require MWCC to hold hearings within certain time period (SB2179)Prohibit discharge of employee filing Workers’ Comp claim in good faith (HB694)Require workers’ comp emergency hearing upon request of either party (HB690)

Page 18: Hon. Dean Kirby, Chairman MS Senate Public Health & Welfare Committee

Discussion of laws defeated in 2013 that would have affected Health and Workers’ Comp Insurance:

Require workers’ comp coverage to employees who have a nonviolent record (HB113)

Page 19: Hon. Dean Kirby, Chairman MS Senate Public Health & Welfare Committee

Discussion of laws defeated in 2013 that would have affected Health and Workers’ Comp Insurance:

Require workers’ comp coverage to employees who have a nonviolent record (HB113)Require health insurance to cover colorectal cancer examinations (SB2335)

Page 20: Hon. Dean Kirby, Chairman MS Senate Public Health & Welfare Committee

Discussion of laws defeated in 2013 that would have affected Health and Workers’ Comp Insurance:

Require workers’ comp coverage to employees who have a nonviolent record (HB113)Require health insurance to cover colorectal cancer examinations (SB2335)Require health insurance to cover hearing aids for dependent children (HB111)

Page 21: Hon. Dean Kirby, Chairman MS Senate Public Health & Welfare Committee

Discussion of laws defeated in 2013 that would have affected Health and Workers’ Comp Insurance:

Require workers’ comp coverage to employees who have a nonviolent record (HB113)Require health insurance to cover colorectal cancer examinations (SB2335)Require health insurance to cover hearing aids for dependent children (HB111)Require health insurance to cover autism spectrum disorders (HB292)

Page 22: Hon. Dean Kirby, Chairman MS Senate Public Health & Welfare Committee

Discussion of laws defeated in 2013 that would have affected Health and Workers’ Comp Insurance:

Require health insurance to cover children under 30 who are veterans (HB341)

Page 23: Hon. Dean Kirby, Chairman MS Senate Public Health & Welfare Committee

Discussion of laws defeated in 2013 that would have affected Health and Workers’ Comp Insurance:

Require health insurance to cover children under 30 who are veterans (HB341)Require health insurance to cover acupuncture (HB1448)

Page 24: Hon. Dean Kirby, Chairman MS Senate Public Health & Welfare Committee

Discussion of laws defeated in 2013 that would have affected Health and Workers’ Comp Insurance:

Require health insurance to cover children under 30 who are veterans (HB341)Require health insurance to cover acupuncture (HB1448)Require health insurance to cover certain obesity treatments (HB 1573)

Page 25: Hon. Dean Kirby, Chairman MS Senate Public Health & Welfare Committee

Discussion of laws defeated in 2013 that would have affected Health and Workers’ Comp Insurance:

Require health insurance to cover children under 30 who are veterans (HB341)Require health insurance to cover acupuncture (HB1448)Require health insurance to cover certain obesity treatments (HB 1573)Increased burden of discovery on collectors/ delinquent bill collection (HB244)

Page 26: Hon. Dean Kirby, Chairman MS Senate Public Health & Welfare Committee
Page 27: Hon. Dean Kirby, Chairman MS Senate Public Health & Welfare Committee

February 8, 2011

A brief history of the Patient Protection and Affordable Care Act.

How Health Reform will affect people and businesses.

Page 28: Hon. Dean Kirby, Chairman MS Senate Public Health & Welfare Committee

“So proud we passed it… I’m already using it to attract new industry. It is something we’ve needed for a long time… going back to the very first bills I introduced as a freshman legislator…”

Phil BryantGovernor of Mississippi

Page 29: Hon. Dean Kirby, Chairman MS Senate Public Health & Welfare Committee

“Fair & Impartial Interpretation” of the law will be restored according to the original intent of the law, putting an end to the practice of allowing the court to favor one party over the other when judicial opinion is persuaded to consider “all sides equal”. By making this change, the act will be fairly and impartially applied to both employers and employees. Section 71-3-1

Page 30: Hon. Dean Kirby, Chairman MS Senate Public Health & Welfare Committee

When a claimant desires to challenge a claim by “controverting”, or going to court, it is only reasonable that some medical records be provided. Under the new law, the claimant will have sixty days to provide these records to the court. 71-3-7

Page 31: Hon. Dean Kirby, Chairman MS Senate Public Health & Welfare Committee

Apportionment will be reinstituted, allowing pre-existing conditions to be apportioned so that employers hiring previously injured employees are only considered responsible for the permanent effects of a new injury and not the pre-existing one, unless medical evidence shows causal relation. This will restore fairness to the workplace – previously injured Mississippians will be better able to obtain work because employers will no longer fear being made liable for the permanent effects of old injuries, including non-occupationally disabling injuries. Section 71-3-7

Page 32: Hon. Dean Kirby, Chairman MS Senate Public Health & Welfare Committee

A change in the statute will remove the ambiguity of who an employee chooses as his or her physician by stipulating that, in addition to other statutory statements as to choice of physician, choice is established once an employee either receives surgery from a physician or receives treatment from a physician for a period of more than six months. Section 71-3-15

Page 33: Hon. Dean Kirby, Chairman MS Senate Public Health & Welfare Committee

Significant increases will occur in certain benefits, for the first time since 1948, when Mississippi’s current statute took effect. The surviving spouse’s benefit will quadruple, from $250 to $1000. The funeral benefit will more than double, from $2000 to $5000. The disfigurement benefit will also more than double, from $2000 to $5000. And the weekly benefit for vocational rehab will increase from $10 per week to $25 per week. Sections 71-2-17, 19 &25

Page 34: Hon. Dean Kirby, Chairman MS Senate Public Health & Welfare Committee

Attorneys will no longer be paid fees on benefits that the employer voluntarily pays under the law and that the attorney had no role in negotiating. This will help injured workers, allowing them to properly receive all benefits an employer voluntarily pays for every claim, without having unwarranted fees withheld. Section 71-3-63

Page 35: Hon. Dean Kirby, Chairman MS Senate Public Health & Welfare Committee

Post-accident drug and alcohol testing will be admissible in workers’ comp proceedings, whether administered by the employer “or otherwise”, ensuring the admissibility of all such tests. Currently, while an employer’s test is considered admissible, the court can disregard a test done by a hospital or other healthcare provider. A change in this practice, along with tougher standards against workplace drug and alcohol use, will result in a fairer process and a safer workplace for Mississippi’s workforce. This provision will also apply to prescription medication that is not taken according to the prescriber’s directions. Section 71-3-121

Page 36: Hon. Dean Kirby, Chairman MS Senate Public Health & Welfare Committee
Page 37: Hon. Dean Kirby, Chairman MS Senate Public Health & Welfare Committee
Page 38: Hon. Dean Kirby, Chairman MS Senate Public Health & Welfare Committee