State Legislation

Minnesota

CorVel has provided workers’ compensation management services to Minnesota employers for more than 30 years. Our approach is that all injured workers need quality healthcare and compassionate guidance from someone who is familiar with their case. CorVel provides personalized attention, along with the expertise needed to help speed return to work, while ensuring patients understand and follow treatment plans and get their questions answered quickly. All so that recovery can continue and life can get back on track.

Our comprehensive return to work program ensures collaboration and communication with all interested parties including the injured worker, employer, human resources, medical and safety teams, and healthcare providers. We use technology, compassionate case management for employees and cost containment measures, to give Minnesota employers a superior program. CorVel provides Minnesota Clearinghouse services for workers’ compensation and auto claims.

As a service to our clients, CorVel is providing links to information related to the COVID-19 pandemic provided by the states.

Legislature Status: Lawmakers reconvened on April 7 to pass workers compensation legislation.

Minnesota Department of Health coronavirus resource page.
April 13, 2020 – The Governor signed Executive Order 20-35 extending the peacetime emergency in Minnesota for 30 days.
April 10, 2020 – The Governor signed Executive Order 20-34 to help protect Minnesota’s first responders by sharing information between the Minnesota Department of Health, the Minnesota Department of Public Safety, and 911 Dispatchers and first responders. It also directs the Commissioner of Health to develop protocol for the sharing of information while safeguarding patient privacy.

Legislation

HF 3532 Revises the protections of those under quarantine. Pending.
SF 3813 Permits a onetime transfer by the commissioner of management and budget of $20 million from the general fund to the public health response contingency account, for a public health response related to a potential outbreak of SARS-CoV-2 virus and COVID-19. Enacted.
HF 4415 Requires compensation for hourly employees for school days canceled due to COVID-19 during the 2019-2020 school year. Pending.
HF 4416 Requires health plan companies to cover testing, and quarantine relating to COVID-19. Pending.
HF 4531 Relates to state government; provides Coronavirus response efforts; establishes a Coronavirus Minnesota fund; modifies certain authorities; provides exemptions and extensions; modifies certain fees; eliminates refill timelines for opiate or narcotic pain relievers; extends due date for filing property tax appeals; modifies loan programs; provides for unemployment insurance for certain employees affected by Coronavirus; requires reports; appropriates money for Coronavirus response efforts. Enacted.
HF 4537 Relates to workers’ compensation; provides a presumption for coronavirus workers’ compensation claims for certain employees; requires a report; authorizes an extension of the implementation date of the CAMPUS system. Enacted.
SF 4334 Relates to public health; transfers $50 million for deposit in the public health response contingency account and $150 million to the health care response fund. Enacted.
SF 4425 Modifies workers’ compensation and line of duty benefits for the safety of firefighters; includes quarantine due to disease exposure related to employment as a qualifying event for workers’ compensation coverage. Pending.
SF 4450 Requests that Congress and the United States Secretary of Homeland Security extend the date for the full implementation of the Real ID Act and make related changes to federal law. Pending.
SF 4458 Relates to providing a presumption for COVID-19 workers’ compensation claims for certain employees; requiring a report; authorizing extension of the implementation date of the CAMPUS system; amending Minnesota Statutes 2018, section 176.011, subdivision 15. Pending.
SF 4200 Relates to human services, granting the commissioner of human services certain temporary emergency authority relating to COVID-19. Pending.
SF 4194 Relates to health; modifies employee protections related to isolation and quarantine provisions. Pending.

COVID-19 Related Policies

HF 4537 – COVID-19; workers’ compensation claims presumption provided for specified employees, report required, and CAMPUS system implementation extension authorized

Summary:

This measure establishes presumption of occupational disease for certain employees who contract COVID-19.

This measure stipulates that, when an employee who contracts COVID-19, it is presumed to be an occupational disease if:

The employee was employed as a licensed peace officer, including but not limited to, a firefighter, paramedic, nurse or health care worker, certain correctional officer, emergency medical technician, health care provider, long-term care facility employee, or child care workers who provide child care to first responders and health care workers; and
The COVID-19 diagnosis is confirmed by a positive laboratory test. If a test, is not available, the diagnosis must be documented by the employee’s primary care provider based on symptoms.

This measure stipulates that if an employee satisfies these requirements, that the presumption may only be rebutted if the employer or insurer shows the employment was not a direct cause of the disease. The date of injury will be the date that the employee was unable to work.

An employee who has contracted COVID-19 but is not entitled to presumption may still claim an occupational disease.

This measure requires the commissioner to provide a detailed report on COVID-19 workers’ compensation claims to the Workers’ Compensation Advisory Council and to the chairs of the Legislature committees with jurisdiction over workers’ compensation by January 15, 2021.

This measure also authorizes the commissioner of labor and industry to extend the implementation date of the CAMPUS system beyond August 31, 2020 if they believe that implementation should be delayed due to COVID-19.

This measure took effect on the day after enactment and will sunset on May 1, 2021.

Most Recent Update: On April 7, 2020, this measure was introduced, passed both chambers, and was signed by Governor Walz (DLF). This measure took effect the day after enactment,

Minnesota Regulatory Updates 4/20/2023

HF 2755 – Governor’s Biennial Budget Established For Department of Labor and Industry, Workers’ Compensation Court of Appeals, and Bureau of Mediation Services; Earned Sick and Safe Time Provided; Agricultural and Food Processing Workers Protected; Nursing Home Workforce Standards Established; Petroleum Refinery Workers Protected; Combative Sports Modified; Miscellaneous Policy Provisions Modified; Reports Required; and Money Appropriated.

Issues: Workers’ Compensation (General)

Summary:

This measure provides funding Department of Labor and Industry, Workers’ Compensation Court of Appeals, and Bureau of Mediation Services, and provides policy direction for these agencies.

Most Recent Update:

3/30/2023 This measure is scheduled for a hearing on March 30 by the House Labor and Industry Finance and Policy Committee. The Minnesota legislature is meeting both in-person and virtually for the 2023 legislative session, but hearings will be held virtually. All hearings will be livestreamed for the public. Anyone wishing to testify may do so by submitting testimony to the committee staff. Testimony must be submitted at least 24 hours in advance of the hearing. Exceptions may be made at the discretion of the Chair. A vote may occur at the discretion of the Chair.

SF 2782 – Labor and Industry Appropriations Provisions Modifications

Issues: Workers’ Compensation (General)

Summary:

This measure provides funding Department of Labor and Industry, Workers’ Compensation Court of Appeals, and Bureau of Mediation Services, and provides policy direction for these agencies.

Most Recent Update:

3/30/2023 This measure was heard for a hearing on March 28 in the Senate Labor Committee. No action was recorded. This measure is scheduled for an additional hearing on March 30 in the Senate Labor Committee. The Minnesota legislature is meeting both in-person and virtually for the 2023 legislative session, but hearings will be held virtually. All hearings will be livestreamed for the public. Anyone wishing to testify may do so by submitting testimony to the committee staff. Testimony must be submitted at least 24 hours in advance of the hearing. Exceptions may be made at the discretion of the Chair. A vote may occur at the discretion of the Chair.

HF 2988 – Workers’ Compensation Self-Insurance Provisions Modified.

Issues: Workers’ Compensation (General)

Summary:

This measure requires workers’ compensation self insurance groups and self insurers to inform the commissioner upon filing or finding of bankruptcy. It further authorizes the commissioner to call the self insurers’ security to insurer workers’ compensation obligations are met after bankruptcy. It does not list an effective date.

Most Recent Update:

3/21/2023 This measure has been introduced for the 2023 legislative session and referred to the House Commerce Finance and Policy Committee. The sponsor of this measure does not serve on the committee of referral. This measure is eligible for consideration in the committee of referral.

Minnesota Regulatory Updates 06/02/2020

SF 1768 – A bill for an act relating to health; adding opiate addiction as a qualifying medical condition for participation in the medical cannabis registry program; amending Minnesota Statutes 2018, section 152.22, subdivision 14.

Issues: Workers’ Compensation (Medical Marijuana)

Summary:

This measure would add opiate addiction as a qualifying medical condition for program participation in the medical cannabis registry program.

Specifically, the measure would amend the current definition of “qualifying medical condition” to include opiate addiction.

The measure defines Qualifying medical condition” means a diagnosis of any of the following conditions:

(1) cancer, if the underlying condition or treatment produces one or more of the following:

(i) severe or chronic pain;

(ii) nausea or severe vomiting; or

(iii) cachexia or severe wasting;

(2) glaucoma;

(3) human immunodeficiency virus or acquired immune deficiency syndrome;

(4) Tourette’s syndrome;

(5) amyotrophic lateral sclerosis;

(6) seizures, including those characteristic of epilepsy;

(7) severe and persistent muscle spasms, including those characteristic of multiple sclerosis;

(8) inflammatory bowel disease, including Crohn’s disease;

(9) terminal illness, with a probable life expectancy of under one year, if the illness or its treatment produces one or more

of the following:

(i) severe or chronic pain;

(ii) nausea or severe vomiting; or

(iii) cachexia or severe wasting; or

(10) opiate addiction; or

(10) (11) any other medical condition or its treatment approved by the commissioner.

Most Recent Update: The Minnesota Legislature adjourned on May 18, 2020. The measure is no longer eligible for consideration in the Minnesota Legislature. The Minnesota Legislature is expected to call a special session in a few weeks. If Governor Tim Walz (DFL) calls a special session, new legislation may be introduced and considered.

CorVel Rehabilitation Services provides rehabilitation services in accordance with the Minnesota Department of Labor and Industry, and Minnesota Statute 176.102. As a neutral party, our Qualified Rehabilitation Consultants (QRC’s) help coordinate the care and possibility of injured employees to rejoin the open labor market to seek reemployment. Our patient management services coordinates treatment while advocating the patient through an episode of care, recovery and return to employment.

Services are provided and coordinated by our registered QRCs who maintain neutrality through the rehabilitation process. When an injured worker meets the criteria to be eligible for vocational rehabilitation services, the QRC writes a rehabilitation plan which is presented and agreed to by all parties, and filed with the Minnesota Department of Labor and Industry.