Rep. Norm Thurston — Voting Record

Bill

Number

H.B. 5006 (2020S5)

Sponsor

Rep. Dunnigan, J.

Final action

Governor Signed 6/25/2020

Outcome

Became law — signed by Gov. Gary R. Herbert

Summary

What it does

• This bill:
• moves provisions related to coverage for first responders diagnosed with COVID-19 from the Workers' Compensation Act to the Utah Occupational Disease Act;
• modifies the definition of a first responder; and
• makes technical and conforming changes.

Every vote on this bill

Bill text

COVID-19 WORKERS' COMPENSATION MODIFICATIONS
FIFTH SPECIAL SESSION
STATE OF UTAH
Chief Sponsor: James A. Dunnigan
Senate Sponsor: 
Kirk A. Cullimore
LONG TITLE
General Description:
This bill modifies provisions related to workers' compensation coverage for first
responders.
Highlighted Provisions:
This bill:
▸ moves provisions related to coverage for first responders diagnosed with COVID-19
from the Workers' Compensation Act to the Utah Occupational Disease Act;
▸ modifies the definition of a first responder; and
▸ makes technical and conforming changes.
Money Appropriated in this Bill:
None
Other Special Clauses:
This bill provides a special effective date.
Utah Code Sections Affected:
RENUMBERS AND AMENDS:
34A-3-201
, (Renumbered from 34A-2-1101, as enacted by Laws of Utah 2020, Third
Special Session, Chapter 6)
34A-3-202
, (Renumbered from 34A-2-1102, as enacted by Laws of Utah 2020, Third
Special Session, Chapter 6)
34A-3-203
, (Renumbered from 34A-2-1103, as enacted by Laws of Utah 2020, Third
Special Session, Chapter 6)
34A-3-204
, (Renumbered from 34A-2-1104, as enacted by Laws of Utah 2020, Third
Special Session, Chapter 6)
34A-3-205
, (Renumbered from 34A-2-1105, as enacted by Laws of Utah 2020, Third
Special Session, Chapter 6)
34A-3-206
, (Renumbered from 34A-2-1106, as enacted by Laws of Utah 2020, Third
Special Session, Chapter 6)
Be it enacted by the Legislature of the state of Utah:
Section 1. Section 
34A-3-201
, which is renumbered from Section 34A-2-1101 is
renumbered and amended to read:
Part 2. Presumptions for First Responders
[
34A-2-1101
].
 34A-3-201.
Definitions.
(1) As used in this part:
(a) "COVID-19" means the disease caused by severe acute respiratory syndrome
coronavirus 2.
(b) "First responder" means:
[
(i) an emergency responder as defined in 29 C.F.R. Part 826, Subpart C; or
]
[
(ii) a health care provider as defined in 29 C.F.R. Part 826, Subpart C.
]
(i) a first responder as defined in Section 
34A-2-102
;
(ii) an individual employed by:
(A) a health care facility as defined in Section 
26-21-2
;
(B) an office of a physician, chiropractor, or dentist;
(C) a nursing home;
(D) a retirement facility;
(E) a home health care provider;
(F) a pharmacy;
(G) a facility that performs laboratory or medical testing on human specimens; or
(H) an entity similar to the entities listed in Subsections (1)(b)(ii)(A) through (G);
(iii) an individual employed by, working with, or working at the direction of a local
health department; or
(iv) a volunteer, as defined in Section 
67-20-2
, providing services to a local health
department in accordance with Title 67, Chapter 20, Volunteer Government Workers Act.
(c) "Physician" means an individual licensed under:
(i) Title 58, Chapter 67, Utah Medical Practice Act;
(ii) Title 58, Chapter 68, Utah Osteopathic Medical Practice Act;
(iii) Title 58, Chapter 70a, Utah Physician Assistant Act; or
(iv) Title 58, Chapter 31b, Nurse Practice Act, as an advanced practice registered
nurse.
(d) "Utah minimum wage" means the highest wage designated as Utah's minimum
wage under Title 34, Chapter 40, Utah Minimum Wage Act.
(2) For purposes of this part, an individual is diagnosed with COVID-19 if the
individual:
(a) through laboratory testing of a specimen the individual provides, tests positive for
the virus that causes COVID-19; and
(b) is diagnosed with COVID-19 by a physician.
Section 2. Section 
34A-3-202
, which is renumbered from Section 34A-2-1102 is
renumbered and amended to read:
[
34A-2-1102
].
 34A-3-202.
Workers' compensation presumption for first
responders.
(1) A first responder who claims to have contracted COVID-19 during the performance
of the first responder's duties as a first responder, is presumed to have contracted COVID-19
[
by accident
] during the course of performing the first responder's duties as a first responder if
the first responder is diagnosed with COVID-19:
(a) while employed or serving as a first responder; or
(b) if the first responder's employment or service as a first responder terminates, within
two weeks after the day on which the first responder's employment or service terminates.
(2) A first responder who makes a claim under this part shall provide [
a copy of the
positive laboratory test or the
] written documentation of a [
physician's
] 
COVID-19
 diagnosis to
the first responder's employer or insurer.
Section 3. Section 
34A-3-203
, which is renumbered from Section 34A-2-1103 is
renumbered and amended to read:
[
34A-2-1103
].
 34A-3-203.
Workers' compensation claims.
(1) This part applies to a claim resulting from an [
accident
] 
exposure
 arising out of and
in the course of a first responder's employment or service on or after March 21, 2020, and
before June 1, 2021.
(2) For purposes of establishing a workers' compensation claim under this part, the
[
"
]date of [
accident"
] 
exposure
 is presumed to be the earlier of the day on which:
(a) the first responder is diagnosed with COVID-19;
(b) the first responder is unable to work because of a symptom of a disease that is later
diagnosed as COVID-19; or
(c) the first responder's employment or service as a first responder terminates, if the
first responder is diagnosed with COVID-19 within two weeks after the day on which the first
responder's employment or service as a first responder terminates.
(3) Death benefits payable under this chapter are payable only if a claimant establishes
by competent evidence that death was a consequence of or a result of COVID-19.
Section 4. Section 
34A-3-204
, which is renumbered from Section 34A-2-1104 is
renumbered and amended to read:
[
34A-2-1104
].
 34A-3-204.
Failure to be tested -- Rebuttable presumption.
(1) A first responder who refuses examination for COVID-19 or fails to be diagnosed
with COVID-19 is not entitled to the presumption established under this part.
(2) The presumption established [
in
] 
under
 this part may be rebutted by a
preponderance of the evidence.
Section 5. Section 
34A-3-205
, which is renumbered from Section 34A-2-1105 is
renumbered and amended to read:
[
34A-2-1105
].
 34A-3-205.
Determining employers of first responders --
Volunteer first responders -- Workers' compensation premiums.
(1) For purposes of receiving workers' compensation benefits, a first responder
performing the services of a first responder is considered an employee of an entity for whom
the first responder provides those services.
(2) (a) A first responder who only performs the services of a first responder for
minimal or no compensation or on a volunteer basis receives an amount of workers'
compensation:
(i) calculated in accordance with Section 
34A-2-409
; and
[
(i)
] 
(ii) (A)
 based on the first responder's primary employment, if the first responder is
primarily employed other than as a first responder; or
[
(ii)
] 
(B)
 [
that is the minimum benefit
] 
based on the Utah minimum wage
, if the first
responder has no employment other than as a first responder.
(b) An entity for whom a first responder provides first responder services for minimal
or no compensation or on a volunteer basis shall:
(i) pay any excess premium necessary for workers' compensation, if the first responder
is primarily employed other than as a first responder; and
(ii) pay any premium necessary for workers' compensation, if the first responder has no
employment other than as a first responder.
(3) A first responder is not precluded from utilizing insurance a primary employer
provides, or any other insurance benefits, in addition to workers' compensation benefits.
Section 6. Section 
34A-3-206
, which is renumbered from Section 34A-2-1106 is
renumbered and amended to read:
[
34A-2-1106
].
 34A-3-206.
Rulemaking authority.
[
(1) This part supersedes any conflicting provisions of Utah law.
]
[
(2)
] The commission may make rules in accordance with Title 63G, Chapter 3, Utah
Administrative Rulemaking Act, to carry out the provisions of this part.
Section 7. 
Effective date.
If approved by two-thirds of all the members elected to each house, this bill takes effect
upon approval by the governor, or the day following the constitutional time limit of Utah
Constitution, Article VII, Section 8, without the governor's signature, or in the case of a veto,
the date of veto override.