State of Legislation

CorVel has provided workers’ compensation management services to Missouri 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 Missouri employers a superior program.

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 April 7 and 8; next meeting TBD. $6 billion coronavirus spending plan heading to Missouri governor’s desk.

• Missouri Department of Health and Senior Services coronavirus resource page.
• April 14, 2020 – The Governor announced that Missouri is the first state in the nation to receive a federal grant for rural transit, totaling $61.7 million dollars that will be used for operating expenses and capital assistance.
• April 13, 2020 – The Governor highlighted efforts of hospitals across the state in responding to this public health emergency, along the lines of treatment and testing, and announced that DHSS is encouraging individuals who are fully recovered to donate plasma to help current COVID-19 patients.
• April 10, 2020 – The Governor signed the supplemental budget passed by the Missouri General Assembly which provides access to federal funding under the CARES Act. This funding will be used to buy more personal protective equipment and provide alternate medical locations as well as staffing. A working group was also established to help make recommendations on the best use of the funding.

Legislation

• HB 2014  Appropriates $11 million from the Coronavirus Emergency Supplemental Fund (CESF) to the Department of Public Safety for CESF grants; appropriates the following federal funds under the Coronavirus Aid, Relief, and Economic Security Act: $300 million to the Department of Elementary and Secondary Education, $200 million to the Department of Higher Education and Workforce Development, and $1 billion to the Office of Administration, in addition to other appropriations. Enacted.
• HR 5497  Resolves that school districts should take necessary steps to protect the health of children without fear of funding reductions or punishments for failing to meet minimum hours and school day levels during the COVID-19 pandemic. Pending.
• HB 2010 Appropriates money to address coronavirus preparedness and response. Pending.

COVID-19 Related Policies

SB 545 – Modifies provisions relating to occupational diseases under workers’ compensation laws

Summary:

The measure modifies provisions relating to occupational diseases under workers’ compensation laws.
Under this act, the death, disability, or impairment of health of any person who is a firefighter, police officer, emergency medical technician, or other first responder of any political subdivision shall be considered an occupational disease if the following conditions are met:

• The person must have completed five or more years of employment as a firefighter, police officer, emergency medical technician, or other first responder;
• The death, disability, or impairment of health must have been caused by a disease of the lungs or respiratory tract, hypertension, cardiovascular-renal disease, or post-traumatic stress disorder;
• The death, disability, or impairment of health must be the result of employment as a firefighter, police officer, emergency medical technician, or other first responder; and
• The person must have taken a physical examination upon becoming employed that failed to reveal any evidence of any condition or impairment of health.

Clear and convincing medical evidence that the cause of the condition or impairment of health of the person is unrelated to their employment is required in order to deny a workers’ compensation claim under this act.

Most Recent Update: On January 9, 2020, this measure was referred to the Senate Small Business and Industry Committee. This measure awaits a hearing at the discretion of the Chair, Senator Denny Hoskins (R).

Missouri Regulatory Updates  04/11/2024

Missouri HB 1531 – Modifies provisions relating to the liability of employers

Issues: Workers’ Compensation

Summary For 12/05/2023

This measure increases the penalty for injury or death when caused by failure to comply with a safety standard to 25-50%, up from 15%. It also allows action to be brought about on the behalf of an unborn child in the case of injury or death of the unborn child.

It increases the injury award amount limit to $15,000 and removes the like standard of living standard for such awards. Further, it makes out of scope changes to some elements of workers’ compensation coverage for public entities.

Most Recent Update: 

03/6/2024 – This measure was heard on March 6 in the House Insurance Policy Committee. No action was reported. This measure is eligible for consideration in an executive session.

HB 1990 – Modifies Provisions Relating to Marijuana Use and Workers’ Compensation

Issues: Workers’ Compensation

Summary For 03/14/2024

This measure amends existing legislation related to workers’ compensation and liability in the context of workplace injuries or deaths. It adds marijuana to the provisions of employees using alcohol and nonprescribed controlled substances. Additionally, it specifies that “any specific reference to marijuana or marijuana metabolites shall not apply to medical marijuana or metabolites related to medical marijuana that was legally prescribed by a licensed physician.”

It also stipulates that an employer may consider an employee to be impaired by or under the influence of marijuana at the time the accident or injury occurred if the employer has a good-faith belief that an employee manifests specific articulable symptoms of impairment, while working that decrease or lessen the employee’s performance of the duties or tasks of the employee’s job position. If an employer elects to discipline an employee on the basis that the employee is under the influence or impaired by marijuana, the employer must afford the employee a reasonable opportunity to contest the basis of the determination. The term “impairment” or “impaired” means specific, articulable symptoms of being under the influence of marijuana that decrease or lessen an employee’s performance of essential duties or tasks of the employee’s job position that an employer, in good faith, believes will result in carelessness, negligence, or disregard for the safety of the employee or others and disrupt business operations.

This measure takes effect on August 28, 2024.

Most Recent Update: 

03/25/2024 – This measure was heard and passed in executive session on March 25 in the House Rules – Regulatory Oversight Committee by a vote of 6-2. The vote count was recently released.  It is eligible for further consideration in the House.

Missouri Regulatory Updates 3/3/2023

HB 1017 – Extends the Sunset of the 2.5% Second Injury Fund Supplemental Surcharge Collected By the Division of Workers’ Compensation

Issues: Workers’ Compensation

Summary:

This measure reduces from 3% and extends the sunset date of the new 2.5% supplemental surcharge collected by the Division to 2028.

Most Recent Update: 

2/8/2023 This measure was introduced for the 2023 legislative session.This measure awaits referral to committee.

Missouri Regulatory Updates 2/6/2023

HB 596 – Modifies Provisions Relating to Determination of Coverage Under Workers Compensation Insurance

Issues: Workers’ Compensation

Summary:

This measure requires insurers to notify injured employees, in writing, if any additional information is needed to determine if the injured employee is covered under workers’ compensation insurance. Insurers have 30 days after receiving the medical report to notify the employee. Once all medical information is received, the insurer must make a determination for eligibility within 15 days.

Most Recent Update: 

1/4/2023 This measure was introduced for the 2023 legislative session. This measure awaits referral to committee.

SB 521 – Extends the Sunset of the 2.5% Supplemental Surcharge Collected By the Division of Workers’ Compensation

Issues: Workers’ Compensation

Summary:

This measure extends the sunset date of the 2.5% supplemental surcharge collected by the Division to 2028.

Most Recent Update: 

1/19/2023 This measure has been introduced by Senator Sandy Crawford (R). This measure awaits committee referral.

Missouri Regulatory Updates 7/12/2021

HB 484 – Adds provisions relating to occupational diseases diagnosed in first responders

Issues: Workers’ Compensation (Medical Coverage And Reimbursement), Workers’ Compensation (General)

Summary:

This measure amends code to create an occupational diseases diagnosed in first responders. See Update 4/2/2021 for full summary.

Most Recent Update: 

5/30/2021 The Missouri General Assembly adjourned sine die on May 30. This measure is ineligible for  further consideration.

Missouri Regulatory Updates 4/2/2021

HB 484 – Adds provisions relating to occupational diseases diagnosed in first responders

Issues: Workers’ Compensation (Medical Coverage And Reimbursement), Workers’ Compensation (General)

Summary:

This measure amends code to create an occupational diseases diagnosed in first responders. This measure is applicable to first responders, EMTs, paramedics. This measure provides that if preceding the date of injury or death, an employee who was employed on active duty as a first responder is diagnosed with a mental impairment and had not been diagnosed with the mental impairment previously, then the mental impairment will presumptively be considered an occupational disease and will be presumed to have arisen out of and in the course of employment. This presumption may be rebutted by substantial factors brought by the employer or insurer. Any substantial factors that are used to rebut this presumption and that are known to the employer or insurer at the time of the denial of liability will be communicated to the employee on the denial of liability. One or more compensable mental impairment claims arising out of a single accident will constitute a single injury. A mental impairment will not be considered an occupational disease if it results from a disciplinary action, work evaluation, job transfer, layoff, demotion, promotion, termination, retirement, or similar action taken in good faith by the employer. This measure will take effect on August 28, 2021 unless a provision in the text states otherwise.

Most Recent Update: 

3/2/2021 This measure passed the House Public Safety Committee as a substitute. Official substituted language has not been made available at the moment. This measure is eligible for further House consideration.

Missouri Regulatory Updates 06/02/2020

HB 1739 – Adds provisions relating to occupational diseases diagnosed in first responders

Issues: Behavioral Health Coverage, Workers’ Compensation (General), Workers’ Compensation (Medical Coverage And Reimbursement)

Summary:

This measure increases coverage of mental impairments as occupational diseases.

Specifically, this measure states that If, preceding the date of injury or death, an employee who was employed on active duty as a first responder is diagnosed with mental impairment and had not been diagnosed with the mental impairment previously, then the mental impairment will presumptively be considered an occupational disease and shall be presumed to have arisen out of and in the course of employment. This presumption may be rebutted by substantial factors brought by the employer or insurer. Any substantial factors that are used to rebut this presumption and that are known to the employer or insurer at the time of the denial of liability will be communicated to the employee on the denial of liability.

This measure also states that a mental impairment will not be considered an occupational disease if it results from disciplinary action, work evaluation, job transfer, layoff, demotion, promotion, termination, retirement, or similar action was taken in good faith by the employer.

Most Recent Update: This measure has been referred to the House Workforce Development Committee. This measure awaits committee consideration.

HB 1965 – An Act which creates new provisions relating to occupational diseases diagnosed in first responders

Issues: Workers’ Compensation (Medical Coverage And Reimbursement), Workers’ Compensation (General)

Summary:

This measure creates a presumption of compensability for first responders’ for workers’ compensation claims made by first responders’ suffering from PTSD.

The measure stipulates that if, preceding the date of injury or death, an employee who is on active duty as a first responder is diagnosed with a mental impairment and such person was not previously diagnosed such an impairment, the impairment shall presumptively be considered an occupational disease and shall be presumed to have arisen out of and in the course of employment.

“Mental impairment” is defined as a diagnosis of posttraumatic stress disorder by a licensed psychiatrist or psychologist.

This presumption may be rebutted by the employer or insurer. One or more compensable mental impairment claim arising out of a single accident shall constitute a single injury. Furthermore, a mental impairment shall not be considered an occupational disease if it results from a disciplinary action, work evaluation, job transfer, layoff, demotion, promotion, termination, retirement, or similar action taken in good faith by the employer.

Most Recent Update: This measure has been referred to the House Workforce Development Committee. This measure awaits committee consideration.

HB 2217 – An Act which modifies provisions relating to workers’ compensation for firefighters and other first responders

Issues: Workers’ Compensation (Medical Coverage And Reimbursement)

Summary:

This measure adds certain diseases to the list of diseases which are considered occupational diseases and defined as disability for certain employees.

This measure applies to a paid, volunteer, or retired firefighter, paramedic, or emergency medical technician, or a paid police officer of a paid police department certified under chapter 590.

The measure adds the following diseases to the list of diseases covered under workers’ compensation: diseases of the heart or cardiovascular system including, but not limited to, diseases of the blood or bone marrow, hypotension, and hypertension; and diseases of the body systems or organs from carcinoma; psychological stress and mental disorders if such psychological stress or mental disorders arise from employment; any infectious disease; disease of the lungs or respiratory tract; disease of the heart or cardiovascular system including, but not limited to, disease of the blood or bone marrow, hypotension, and hypertension; or disease of the body systems or organs from carcinoma if there is reasonable medical evidence that the employee was free of such disease at the beginning of his or her employment.

Most Recent Update: On January 16, this measure was introduced. This measure awaits committee referral.

Missouri Regulatory Updates 05/15/2020

SB 1052 – Modifies provisions governing workers’ compensation laws

Issues: Workers’ Compensation (General), Workers’ Compensation (Medical Coverage And Reimbursement), Workers’ Compensation (Networks)

Summary:

The measure requires health carriers to include in workers’ compensation networks those treating physicians, surgeons, chiropractic physicians, or other health care providers who offer services authorized pursuant to workers’ compensation laws.

The measure stipulates the employee may have the right to select the licensed treating physician, surgeon, chiropractic physician, or another health care provider as applicable for the treatment of care.

The measure requires health carriers to include such persons in their workers’ compensation networks.

The measure will take effect on August 28, 2020.

Most Recent Update: This measure has been referred to the Senate Small Business and Industry Committee. This measure awaits further consideration in the committee of referral.

SB 1072 – Modifies provisions governing workers’ compensation

Issues: Workers’ Compensation (General), Workers’ Compensation (Medical Coverage And Reimbursement)

Summary:

The measure requires the accident of an occupational disease to be the prevailing factor in causing the injury and medical condition and the prevailing factor in the need for treatment.

The measure is amended to mandate that the employee will receive and the employer will provide the applicable medical, surgical, chiropractic, and hospital treatment, including nursing, custodial, ambulance, and medicines, as may reasonably be required after the injury or disability, to cure and relieve from the effects of the injury.

The measure authorizes an administrative law judge to have the authority to order the employer to be responsible for medical benefits to the satisfaction of the medical provider, in cases where medical bills are in dispute.

The measure will take effect on August 28, 2020.

Most Recent Update: This measure has been referred to the Senate Small Business and Industry Committee. This measure awaits further consideration in the committee of referral.

Missouri Regulatory Updates 04/01/2020

HB 1965 – An Act which creates new provisions relating to occupational diseases diagnosed in first responders

Issues: Workers’ Compensation (Medical Coverage And Reimbursement)

Summary:

This measure creates a presumption of compensability for first responders’ for workers’ compensation claims made by first responders’ suffering from PTSD.

The measure stipulates that if, preceding the date of injury or death, an employee who is on active duty as a first responder is diagnosed with a mental impairment and such person was not previously diagnosed such an impairment, the impairment shall presumptively be considered an occupational disease and shall be presumed to have arisen out of and in the course of employment. “Mental impairment” is defined as a diagnosis of posttraumatic stress disorder by a licensed psychiatrist or psychologist.

This presumption may be rebutted by the employer or insurer. One or more compensable mental impairment claim arising out of a single accident shall constitute a single injury. Furthermore, a mental impairment shall not be considered an occupational disease if it results from a disciplinary action, work evaluation, job transfer, layoff, demotion, promotion, termination, retirement, or similar action taken in good faith by the employer.

Most Recent Update: On January 7, 2020, this measure was pre-filed for the 2020 legislative session. This measure awaits committee referral.

Missouri Regulatory Updates 03/01/2020

SB 710 – Creates new provisions relating to occupational diseases diagnosed in first responders

Issues: Workers’ Compensation (Medical Coverage And Reimbursement)

Summary:

This measure extends a presumption of compensability under workers’ compensation to certain first responders in certain situations.

This measure stipulates that if, preceding the date of injury or death, an employee who is on active duty as a first responder is diagnosed with a mental impairment and such person was not previously diagnosed such an impairment, then the impairment shall presumptively be considered an occupational disease and shall be presumed to have arisen out of and in the course of employment. This presumption may be rebutted by the employer or insurer. One or more compensable mental impairment claims arising out of a single accident shall constitute a single injury. Furthermore, a mental impairment shall not be considered an occupational disease if it results from a disciplinary action, work evaluation, job transfer, layoff, demotion, promotion, termination, retirement, or similar action taken in good faith by the employer.

Most Recent Update: On February 11, this measure passed the Senate General Laws Committee with an undisclosed vote.

This measure awaits further consideration in the Senate.

Missouri Regulatory Updates 6/3/2019

HB 716 – Modifies provisions relating to workers’ compensation for certain employees

Issues: Workers’ Compensation (Medical Coverage And Reimbursement)

Summary:

This measure modifies provisions relating to workers’ compensation for certain employees.

Specifically, this measure provides that volunteer firefighters, paramedics, and emergency medical technicians who contract certain diseases, including cancer, have a compensable occupational disease if there is reasonable medical evidence to verify that such professionals were free of such disease at the beginning of his or her employment. Further, a disease of the body system or organ from carcinoma contracted by a paid, volunteer, or retired firefighter, paramedic, or emergency medical technical shall be presumed as an occupational disease if:

(1) Such persons were assigned to at least five years of hazardous duty

(2) Such persons were exposed to an agent that has been identified as a group 1 or 2A carcinogen or classified as a cancer-causing agent

(3) Twenty years has not elapsed since such persons were last assigned to hazardous duty

(4) At the time of the diagnosis of the cancer, such persons were not seventy years of age or older

The measure provides a rebuttable presumption exemption for instances in which there is evidence of the personal use of cigarettes, tobacco products, or onset of cancer prior to employment.

Further, the measure provides that volunteer firefighters, paramedics, emergency medical technicians, and peace officers who are diagnosed with post-traumatic stress disorder, psychological stress, or a mental disorder during employment or during volunteer service or within three years of the last active date of employment or volunteer service shall be eligible for compensation benefits. The measure provides a rebuttable psychological stress or mental disorder presumption exemption for instances in which there is sufficient evidence that the condition existed prior to the commencement of employment , the prevailing factor in causing the condition is a factor unrelated to the employment or volunteer service, or the prevailing factor in causing the condition is an exposure occurring outside the scope of employment or volunteer service.

Furthermore, the measure requires the Division of Workers Compensation to prepare a biannual report containing information concerning the number of approved and disapproved claims, the number of active claims, and the cost related to claims of workers’ compensation as specified under the provisions of this bill, to be submitted to specified stakeholders and the Legislature before August 28, 2021, and every two years thereafter.

Most Recent Update: This measure failed upon adjournment on May 17. This measure in ineligible to receive further consideration.

SB 156 – Relating to the applicability of the priority schedule for payment of liabilities of the Second Injury Fund (SIF).

Issues: Workers’ Compensation (General), Workers’ Compensation (Medical Coverage And Reimbursement)

Summary:

This act modifies the applicability of the priority schedule for payment of liabilities of the Second Injury Fund (SIF).

This act allows for the payment from the Secondary Injury Fund of certain liabilities prior to any liability set forth in the priority schedule. These liabilities include:

1) Death benefits incurred relating to claims for deaths occurring prior to January 1, 2014, consistent with a temporary or final award; and

2) Ongoing medical expenses, but not past medical expenses, relating to claims for injuries occurring prior to January 1, 2014, consistent with a temporary or final award which includes future medical benefits.

This bill also permits the Division of Workers’ Compensation to call the security of self-insured employers who are deemed insolvent, file for bankruptcy, or fail to pay any of their obligations to an employee. The division may also refer all known losses to a third-party administrator, to which the administrator or entity shall have the authority to receive security proceeds to pay owed compensation benefits to an injured employee.

Most Recent Update: This measure failed upon adjournment on May 17.

This measure is ineligible for further consideration.

Missouri Services

• Workers’ compensation claims administration
• Medical bill review in compliance with state requirements
• Local PPO development and management
• Case management services

Missouri Resources

Missouri Compensation Website

Missouri Government Website