State Legislation

CorVel helps reduce workers’ compensation costs through immediate intervention, claims management, medical treatment plans, return to work programs, medical bill review, preferred provider savings and patient management. Our cost containment solutions are based on a simple formula that combines industry leading bill review, case management expertise and a national PPO built for the casualty market. Each innovation offers New Jersey employers improved return to work outcomes and industry leading savings.

CorVel specializes in applying advanced communication and information technology to improve disability management for New Jersey employers. Our proprietary solutions can be tailored to your specific state risk management program.

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

New Jersey released the Bulletin 20-15 in response to the COVID-19 outbreak.

 

Legislature Status: The Governor signed a bill allowing conduct of State business and legislative sessions at locations other than Trenton during periods of emergency or other exigency; allows conduct of legislative business using electronic means.

• New Jersey Department of Health coronavirus resource page.
• The New Jersey Economic Development Authority posted Information for NJ Businesses on the COVID-19/Novel Coronavirus Outbreak.
• April 14, 2020 – The Department of Labor and Workforce Development announced that they have made a series of moves – from upgrading computer technology to adding personnel and boosting phone capacity – to get unemployment claims processed faster.
• April 14, 2020 – The Governor signed legislation which expands protections of the Family Leave Act to allow employees forced to take time off to care for a family member during the COVID-19 outbreak with up to 12 weeks of unpaid family leave in a 24-month period without losing their jobs.
• April 14, 2020 – The Governor signed the following bills into law which:
• Permits professional and occupational licensing boards to reactivate licensure of certain individuals during state of emergency or public health emergency.
  • Allows remote notarial acts during Public Health Emergency and State of Emergency declared by Governor in Executive Order 103 of 2020.
  • Permits use of virtual or remote instruction to meet minimum 180-day school year requirement under certain circumstances.
  • Provides civil and criminal immunity to certain health care professionals and health care facilities during public health emergency and state of emergency.
  • Permits nonprofit corporations to allow members to participate in meetings by means of remote communication and permits nonprofit corporations to hold meetings in part or solely by means of remote communication during state of emergency.
• Changes date of 2020 primary election from June 2 to July 7.
• April 13, 2020 – The Governor, along with Governors from Massachusetts, New York, Connecticut, Pennsylvania, Delaware and Rhode Island announced the creation of a multi-state council to restore the economy and get people back to work.
• April 13, 2020 – The Governor signed Executive Order No. 126, prohibiting cable and telecommunications providers from terminating Internet and voice service due to nonpayment until 30 days after the current public health emergency has ended.
• April 13, 2020 – In an effort to increase blood donations during the public health emergency, the Governor’s Administration signed on with a national coalition of lieutenant governors urging the U.S. Food and Drug Administration to lift the discriminatory 3-month waiting period that gay, bisexual, queer and transgender men must adhere to before donating blood.
• April 11, 2020- The Governor announced that FEMA has approved the state’s request to use emergency, non-congregate sheltering for individuals impacted by COVID-19 that do not have the means or ability to isolate themselves.
• April 11, 2020 – The Governor signed Executive Order No. 125, imposing additional mitigation requirements on NJ TRANSIT and all private carriers to limit the spread.
• April 10, 2020 – The Governor said he would sign an executive order allowing some low-risk inmates whose age or health status puts them at risk at the state’s corrections institutions to get out of prison.

Legislation

• A 3852 Allows conduct of State business and legislative sessions at locations other than Trenton during periods of emergency or other exigency; allows conduct of legislative business using electronic means. Enacted
• A 3859 Provides authority to the Governor to issue an executive order declaring a moratorium on removing individuals from their homes pursuant to an eviction or foreclosure proceeding. Enacted
• AR 146 Encourages licensed hospitals statewide to construct pre triage tends outside of their buildings. Pending.
• AJR 158  Urges Federal Communications Commission to take temporary measures to secure broadband access for those affected by COVID-19. Enacted.
• AR 148 Urges United States Congress to allow the Secretary of Agriculture to implement Pandemic Supplemental Nutrition Assistance Program. Pending.
• AJR 160 Supports Chinese and Asian American communities and international partners during coronavirus disease 2019 epidemic. Pending.
• SR 63 Urges financial institutions to provide forbearance for mortgage borrower during coronavirus disease 2019 pandemic. Pending.
• AB 3839  Makes supplemental appropriation of up to $20 million from General Fund to Department of Education to support school facility cleaning and sanitization. Pending.
• AB 3840 Requires school districts to provide school meals or meal vouchers to students eligible for free and reduced-price school meals during school closures due to COVID-19 epidemic. Enacted.
• AB 3841 Automatically extends time to file gross income tax or corporation business tax return if federal government extends filing or payment due date for federal returns. Eligible for Governor.
• AB 3844 Concerns business interruption insurance during coronavirus disease 2019 state of emergency. Pending.
• AB 3843 Requires health insurance and Medicaid coverage for testing of coronavirus disease 2019 and for telemedicine and telehealth during coronavirus disease 2019 state of emergency. Enacted.
• SB 2307 Establishes sales tax credit and sales tax holiday for portion of state of emergency related to COVID-19 pandemic. Pending.
• SB 2234  Requires insurance coverage for testing and treatment of coronavirus disease 2019. Pending.
• SB 2233 Requires Medicaid coverage for testing and treatment of coronavirus disease 2019. Pending.
• SB 2304 Concerns family leave and disability benefits during epidemic related emergencies. Enacted.
• AB 3845 Authorizes Economic Development Authority to make grants during periods of emergency declared by Governor and for duration of economic disruptions due to emergency; allows Economic Development Authority to grant certain business documentation submission deadline extensions. Enacted.
• AB 3847 Provides paid leave without utilizing accumulated leave time for local government employees under certain circumstances. Pending.
• AB 3848 Concerns time off from work in connection with infectious disease. Enacted.
• AB 3856 Makes FY 2020 supplemental appropriation of $10 million for healthcare and residential facility sanitation due to coronavirus disease 2019 outbreak. Pending.
• AB 3860 Establishes certain requirements to use telemedicine and telehealth to respond to coronavirus disease 2019 (COVID-19). Enacted.
• ACR 165 Urges Department of Human Services to apply for federal waivers to facilitate and increase access to SNAP benefits during coronavirus disease 2019 outbreak. Adopted.
• AB 3846  Creates the Temporary Lost Wage Unemployment Program; allows persons to claim for lost wages due to coronavirus disease 2019, and employers to pay wages to workers ordered under quarantine by licensed healthcare practitioner; appropriates a certain amount. Pending.
• AB 3854  Authorizes all licensed health care facilities and laboratories to collect specimens to test for coronavirus disease 2019 (COVID-19); allows waiver of staffing ratio requirements. Enacted.
• AB 3865  Limits the return of items purchased from retail food stores during a state of emergency declared in response to COVID-19. Enacted.
• AB 3878 Prohibits electric, gas, or water public utility service discontinuances to residential customers during certain epidemics. Pending.
• AB 3906 Requires State to lease hotel facilities as isolation centers for COVID-19 emergency. Pending.
• AB 3908 Creates the “COVID-19 Financial Security for Consumers Act.” The Act includes guidance for officials to apply for certain waivers. Pending. 
• A-3095/S-1982 (Mazzeo/Beach, Turner) – Provides county clerks with additional week to mail ballots for 2020 primary election; requires ballot position draw to occur one day early if statutory date falls on holiday. Enacted
• A-3849/S-2302 (Johnson, Moen, Timberlake/A.M. Bucco, Cruz-Perez, Weinberg, Ruiz, Addiego, Madden, C.A. Brown, Holzapfel, Singer, O’Scanlon) – Modifies deadline by which public agency is required to respond to request for government record during period of emergency Enacted
• A-3850/S-2294 (Murphy, DeCroce, Moen/Beach, A.M. Bucco, Weinberg, Cruz-Perez, Ruiz, Addiego, Madden, Holzapfel, Singer, O’Scanlon) – Allows public bodies to conduct meetings, and provide notice, by electronic means during periods of emergency Enacted
• A-3851/S-2295 (Schaer, Scharfenberger, Reynolds-Jackson/A.M. Bucco, Gopal, Cruz-Perez, Madden, Ruiz, Scutari, Bateman, C.A. Brown, Holzapfel, Singer, O’Scanlon, Oroho) – Permits extension of deadlines for adoption of county and municipal budgets under certain circumstances Enacted
• A-3855/S-2287 (Mosquera, Stanfield, Vainieri Huttle/T. Kean, Codey, Cruz-Perez, Ruiz, Addiego, Pennacchio, C.A. Brown, Holzapfel, Singer, O’Scanlon) – Requires food access information be displayed on websites of 2-1-1 system and executive branch departments during public health emergencies to the extent practicable Enacted
• A-3861/S-2290 (Karabinchak, Johnson, Greenwald/Diegnan, Ruiz, Testa, C.A. Brown, Holzapfel, Singer) – Permits corporations to hold shareholders’ meetings in part or solely by means of remote communication during state of emergency Enacted

 

COVID-19 Related Policies

AB 295 – Creates rebuttable presumption in workers’ compensation cases of respiratory disease of casino employees working in smoking areas.

Summary:

This measure creates a rebuttable presumption in workers’ compensation cases of respiratory disease of casino employees working in smoking areas.
This bill creates a rebuttable presumption that any condition or impairment of health of a casino employee which may be caused by any disease of the respiratory system is to be presumed to be an occupational disease compensable under the provisions of the State’s workers’ compensation law if the employee is working, or has worked, in a smoking area of a casino.

The bill permits the employer to require the employee to undergo, at the expense of the employer, reasonable medical examination, testing, evaluation and monitoring of health conditions of the employee which are relevant to determining whether the disease arose out of and in the course of the employment. The presumption of compensability may not be adversely affected by any failure of the employer to require this testing. Any results from an examination must be disclosed to the employee in a timely manner.

Most Recent Update: This measure has been introduced and referred to the Assembly Labor Committee. This measure awaits committee consideration.

New Jersey Regulatory Updates 2/6/2023

SB 309 – Requires Workers’ Compensation, PIP, and Health Insurance Coverage For the Medical Use of Cannabis Under Certain Circumstances.

Issues: Workers’ Compensation (Medical Marijuana), Workers’ Compensation (General), Mandated Benefits

Summary:

This measure amends the New Jersey code to require workers’ compensation, personal injury protection (PIP), and health insurance coverage for medical cannabis under certain circumstances. This measure applies to personal injury protection automobile insurance benefits and workers’ compensation benefits. This measure requires that benefits must include coverage for costs associated with the medical use of cannabis provided that the insured or the employee is a qualifying patient authorized for medical cannabis pursuant to the “Compassionate Use Medical Marijuana Act.” However, an employer or workers’ compensation insurance carrier is not required to provide coverage or benefits for costs associated with the medical use of cannabis upon intervention by the federal government to enforce the federal “Controlled Substances Act.” This measure provides that an employer or insurer will if for any reason payment by the employer or insurer to the medical cannabis dispensary is not feasible, remit directly to the insured or employee the costs for any benefits associated with the medical use of cannabis upon proof of payment by the insurer to the medical cannabis dispensary. This measure requires health insurance plans to provide coverage for the medical use of marijuana. This measure does not require that at least one other medication or treatment has been attempted and found to be unsuccessful in treating the debilitating medical condition that qualified the patient for the medical use of cannabis. This measure will take effect 90 days after enactment.

Most Recent Update:

3/10/2022 This measure has been introduced and referred to the Senate Commerce Committee, chaired by Senator Nellie Pou (D). This measure awaits committee consideration.

New Jersey Regulatory Updates 4/11/2022

AB 3511 – Requires Workers’ Compensation, PIP, and Health Insurance Coverage For the Medical Use of Cannabis Under Certain Circumstances.

Issues: Workers’ Compensation (Medical Marijuana), Workers’ Compensation (General), Mandated Benefits

Summary:

This measure requires workers’ compensation, PIP, and health insurance coverage for the medical use of cannabis under certain circumstances. This measure requires workers’ compensation, PIP, and health insurance coverage for medical cannabis use. This measure requires an employer, workers’ compensation insurance carrier, or private passenger automobile insurance carrier to provide coverage for costs associated with medical cannabis use; however, an employer or carrier is not required to provide coverage for costs associated with medical cannabis use if the federal government intervenes to enforce the “Controlled  Substances Act.” This measure directs the employer, insurer, or health insurance carrier to remit directly to the insured, employee, or covered person the costs for any benefits associated with the medical use of cannabis upon proof of payment to the medical cannabis dispensary if payment to the medical cannabis  dispensary is not feasible. This measure takes effect 90 days after enactment.

Most Recent Update:

3/8/2022  This measure has been referred to the Assembly Financial Institutions and Insurance Committee. This measure is eligible for consideration in the committee of referral.

New Jersey Regulatory Updates 2/3/2022

AB 1036 – AN ACT concerning workers’ compensation insurance requirements and amending R.S.34:15-36.

Issues: Workers’ Compensation (Compounded Drug Limits), Workers’ Compensation (General)

Summary:

This measure allows S corporations with only one employee to obtain workers’ compensation coverage for the employee. This measure amends the definition of “employee” in regards to workers’ compensation. this allows S corporations with one individual is the only individual performing services for an S corporation  and is the only shareholder in the corporation to choose wether or not to apply for workers’ compensation coverage. This measure takes effect immediately.

Most Recent Update:

1/11/2022  This measure was introduced and referred to the Assembly Labor Committee chaired by Joseph Egan (D). This measure is eligible for consideration in the committee of referral.

AB 161 – An act concerning workers’ compensation coverage and amending P.L.1987, c.382.

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

Summary:

This measure amends New Jersey code governing workers’ compensation coverage for certain injuries to volunteer and professional public safety and law enforcement personnel. This measure expands which individuals that are covered by the rebuttable presumption to include any recognized emergency management member doing volunteer duty. It is also removes the requirement that the individual must be responding to orders and provides that individuals are covered by presumption when leaving an emergency to carry out post-incident agency protocols and decompression. This measure provides that the presumption of compensability is rebuttable by use of casual factors such as horseplay, skylarking, self-infliction, voluntary intoxication, and illicit drug use. The measure provides that any cardiovascular or cerebrovascular injury or death that results in a compensability dispute is to be decided coincidentally with the United States Department of Justice, Public Safety Officers’ Benefits Program findings. This measure is effective upon enactment.

Most Recent Update:

1/11/2022  This measure was introduced and referred to the Assembly Labor Committee, chaired by Assemblymember Joseph Egan (D). This measure is eligible for consideration in the committee of referral.

New Jersey Regulatory Updates 8/5/2021

SB 1557 – Requires certain physicians to perform examination for potential brain injury related to workers’ compensation award; requires Commissioner of Labor and Workforce Development to mandate brain injury training and protocol for employers and insurance carriers.

Issues: Workers’ Compensation (Utilization Review and Appeals), Workers’ Compensation (General)

Summary:

This measure amends existing New Jersey code regarding workers’ compensation for traumatic brain injury. This measure requires a physician whose scope of practice includes the ability to diagnose and treat brain injury to perform any physical examination of an employee who is claiming workers’ compensation for a traumatic brain injury.

Most Recent Update:

2/13/2020  This measure has been introduced and referred to the Senate Labor Committee. This measure is eligible for consideration in the committee. (This measure was introduced just prior to coronavirus restrictions being implemented.)

SB 948  – Prevents intoxicated employees from receiving workers’ compensation.

Issues: Workers’ Compensation (Utilization Review and Appeals), Workers’ Compensation (General)

Summary:

This measure amends existing New Jersey code regarding workers’ compensation for intoxicated employees.

Most Recent Update:

1/27/2020 This measure was introduced and referred to the Senate Labor Committeee, chaired by Senator Fred Madden (D). The sponsor does not sit on the committee of referral. This measure is eligible for consideration at the discretion of the chair. (This measure was introduced just prior to coronavirus restrictions being implemented.)

New Jersey Regulatory Updates 3/5/2021

AB 1708 – Requires workers’ compensation and PIP coverage for medical marijuana under certain circumstances

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

Summary:

This measure applies to personal injury protection automobile insurance benefits and workers’
compensation benefits.

This measure requires that such benefits must include coverage for costs associated with the medical use
of cannabis provided that the insured or the employee is a qualifying patient authorized for medical
cannabis pursuant to the “Compassionate Use Medical Marijuana Act.” However, an employer or workers’
compensation insurance carrier is not required to provide coverage or benefits for costs associated with the
medical use of cannabis upon intervention by the federal government to enforce of the federal “Controlled
Substances Act.”

This measure provides that an employer or insurer will, if for any reason payment by the employer or insurer to the medical cannabis dispensary is not feasible, remit directly to the insured or employee the costs for any benefits associated with the medical use of cannabis upon proof of payment by the insurer to the medical cannabis dispensary.

This measure does not require that at least one other medication or treatment has been attempted and
found to be unsuccessful in treating the debilitating medical condition that qualified the patient for the
medical use of cannabis.

This measure does not outline any rulemaking or enforcement mechanisms. This measure will take effect
90 days after enactment.

Most Recent Update:

10/26/2020 Hearing held; Amended; Passed committee

SB 3406 – Requires Workers’ Compensation, Pip, and Health Insurance Coverage For the Medical Use of Cannabis Under Certain Circumstances.

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

Summary

This measure creates New Jersey code requiring health benefits plans to cover the medical use of cannabis. This measure applies to health benefits carriers. This includes any insurance company, health service corporation, hospital service corporation, medical service corporation, or health maintenance  organization, as well as the State Health Benefits Program and School Employees’ Health Benefits Program. This measure requires a carrier to provide coverage for costs associated with the medical use of cannabis, provided that the patient qualifies for the medical use of cannabis. This measure does not require a carrier to provide coverage upon intervention by the federal government to enforce the  “Controlled Substances Act.” This measure provides that if payment by the carrier to the medical cannabis dispensary is not feasible, the carrier must remit the associated costs directly to the covered person upon proof of payment by the covered person to the medical cannabis dispensary. This measure does not outline any rulemaking or enforcement mechanisms. This measure will take effect 90 days after enactment.

This measure amends New Jersey code to require workers’ compensation and personal injury protection (PIP) coverage for medical cannabis under certain circumstances. This measure applies to personal injury protection automobile insurance benefits and workers’ compensation benefits. This measure requires that such benefits must include coverage for costs associated with the medical use of cannabis provided that the insured or the employee is a qualifying patient authorized for medical cannabis pursuant to the “Compassionate Use Medical Marijuana Act.” However, an employer or workers’ compensation insurance carrier is not required to provide coverage or benefits for costs associated with the medical use of cannabis upon intervention by the federal government to enforce of the federal “Controlled Substances Act.” This measure provides that an employer or insurer will, if for any reason payment by the employer or insurer to the medical cannabis dispensary is not feasible, remit directly to the insured or employee the costs for any benefits associated with the medical use of cannabis upon proof of payment by the insurer to the medical cannabis dispensary. This measure does not require that at least one other medication or treatment has been attempted and found to be unsuccessful in treating the debilitating medical condition that qualified the patient for the medical use of cannabis. This measure does not outline any rulemaking or enforcement mechanisms. This measure will take effect 90 days after enactment.

Most Recent Update

2/4/2021 Upon the start of the 2021 Legislative Session, this measure was referred to the Senate Commerce Committee, chaired by Senator Nellie Pou (D). The sponsor does not serve on the committee. This measure awaits further consideration before the committee of referral at the discretion of the chair.

New Jersey Regulatory Updates 02/17/2019

AB 1014 – Removes limitations on expenses of suit and attorneys’ fees from third party liability claims in workers’ compensation cases

Issues: Workers’ Compensation (Medical Coverage And Reimbursement)

Summary:

This measure existing New Jersey code regarding expenses of suit and attorneys’ fees in certain workers’ compensation cases.

This measure removes limitations on costs of suit and attorneys’ fees from third party liability claims in workers’ compensation cases. Under current law, expenses of a suit in these matters are limited to $750. This bill removes the limitation and instead allows for payment of reasonable costs.

Additionally, the bill removes the limitation on attorneys’ fees to 33 1/3 percent of the award paid, and instead allows for reasonable attorneys’ fees.

Most Recent Update: This measure has been introduced and referred to the Assembly Labor Committee. This measure is eligible forconsideration in the committee of referral.

AB 1047 – Changes ratio for earnings offset of workers’ compensation permanent total disability benefit payments

Issues: Workers’ Compensation (Medical Coverage And Reimbursement)

Summary:

This measure amends existing New Jersey code regarding certain workers’ compensation benefits.

This measure changes the ratio for the offset of workers’ compensation permanent total disability benefit payments by the amount of wages earned by an individual receiving those benefits.

Current law provides that permanent total disability is paid for a period of 450 weeks. Following the 450-week period of payments, an individual may continue to receive payments if the individual can show that because of the disability it is impossible to obtain wages or earnings equal to those earned at the time of the accident. Current law provides that these continued payments are diminished by any wages earned by the individual at a ratio of 1 to 1. The measure provides that benefit payments shall not be offset for the first $500 dollars an individual earns during a week. The individual’s benefit payment is then diminished by the wages or earnings of the employee at a rate of $1 for every $2 earned above $500 in a given week.

Most Recent Update: This measure has been introduced and referred to the Assembly Labor Committee. This measure is eligible for consideration in the committee of referral.

AB 2354 – Requires certain physicians to perform examination for potential brain injury related to workers’ compensation award; requires Commissioner of Labor and Workforce Development to mandate brain injury training and protocol for employers and insurance carriers

Issues: Workers’ Compensation (Utilization Review And Appeals), Workers’ Compensation (General)

Summary:

This measure amends existing New Jersey code regarding workers’ compensation for traumatic brain injury.

This measure requires a physician whose scope of practice includes the ability to diagnose and treat brain injury to perform any physical examination of an employee who is claiming workers’ compensation for a traumatic brain injury.

Additionally, the measure requires the Commissioner of Labor and Workforce Development to adopt rules and regulations which:

a. require employers to undergo training and education with respect to brain injury from a blast, or some other instance in which an employee could have sustained traumatic brain injury, as a condition of workers’ compensation insurance coverage;

b. require workers’ compensation insurance carriers of employers or workers’ compensation third-party administrators to receive information on concussion and brain injury protocol consistent with the existing protocol developed regarding concussions in State law, and any additional guidelines developed by the federal Centers for Disease Control and Prevention or the State Department of Health; and

c. prohibit a workers’ compensation insurance carrier of an employer or a workers’ compensation third-party administrator from releasing an employee from workers’ compensation coverage unless the release is within the scope of the employee’s treating physician’s recovery plans.

Most Recent Update: This measure has been introduced and referred to the Assembly Labor Committee. This measure is eligible for consideration in the committee of referral.

New Jersey Regulatory Updates 09/03/19

AB 4097 – Provides for workers’ compensation reimbursement for medical marijuana

Issues: Workers’ Compensation (Medical Marijuana), Workers’ Compensation (General)

Summary:

This measure relates to reimbursement for costs associated with the medical use of marijuana.

This measure provides that nothing in current law precludes any employer or workers’ compensation insurer from reimbursing a person for costs associated with the medical use of marijuana.

Most Recent Update: This measure has been referred to the Assembly Labor Committee, chaired by Assemblymember Joseph Egan (D). The sponsor does not serve on the committee of referral. This measure awaits a hearing. The hearing, if scheduled, will be open to the public, testimony will be accepted and a vote may occur at the discretion of the Chair.

 

New Jersey Services

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• State-approved utilization management program
• First notice of loss and early intervention
• Workers’ compensation claims administration and medical bill review

New Jersey Resources

New Jersey Compensation Website

New Jersey Government Website