CorVel has provided workers’ compensation management services to Washington 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 Washington 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: Adjourned sine die March 12.
- April 14, 2020 – The Governor issued a proclamation suspending the statutes of limitations for all crimes and waives the 1-year limitation on raising post-conviction challenges in criminal convictions.
- April 14, 2020 – The Governor issued a proclamation waiving certain statutory barriers for renewing or extending commercial driver licenses and learner permits.
- April 14, 2020 – The Governor issued a proclamation suspending statutes that permit the collection of consumer debt judgements, including bank account and wage garnishments and waiving the accrual of post-judgment interest on consumer debt judgments.
- April 13, 2020 – The Governors of Washington, California, and Oregon announced the Western States Pact to guide a coordinated approach to reopening the states and their economies.
- April 13, 2020 – The Governor announced a strategy to protect the health of incarcerated individuals, including early release of vulnerable populations and nonviolent individuals.
- April 13, 2020 – The Governor issued a proclamation providing high-risk workers the right to protect themselves without jeopardizing their employment status.
- April 10, 2020 – The Governor issued a proclamation authorizing nursing homes to transfer or discharge residents to another long term care facility, enabling facilities to care for similarly situated residents.
- April 10, 2020 – The Governor issued a proclamation removing certain statutory hearing deadlines and service process requirements relating to protection, extreme risk, and similar orders to ensure justice for victims. The proclamation also encourages the use of electronic and remote hearings.
- April 10, 2020 – The Governor issued a proclamation removing restrictions on paying employees by mail, allowing for shared leave, and waiving requirements prohibiting accrued vacation time.
Legislation
- HB 2965 Concerns the state’s response to the novel coronavirus; appropriates $100 million from the state’s budget stabilization account to the state’s disaster response account. Then appropriates $100 million from the disaster response account to the office of financial management to distribute to state and local agencies to respond to the coronavirus outbreak. Enacted.
- HB 2739 Adjusts certain requirements of the shared leave program. Includes a provision of shared leave for employees in isolation or quarantine as requested or ordered by a public health official or health care provider as a result of COVID-19. Enacted.
- SR 8702 Encourages healthy practices to reduce the spread of the flu and other contagious diseases in Washington state. Adopted.
- SB 6696 Makes expenditures from the budget stabilization account for declared catastrophic events. Pending.
- SB 6248 Provides for the capital budget; makes appropriations and authorizes expenditures for capital improvements, including an appropriation for the Poison Center Emergency Response to COVID-19. Enacted.
- SB 6189 Clarifies eligibility for School Employees’ Benefits Board coverage of substitute teachers; and of school employees during quarantine or school closures due to COVID-19. Enacted.
- SB 5092. Among other actions, this measure appropriates funding for the Medicaid quality improvement program. Enacted.
- SB 5890 Expands eligibility for the presumption for workers’ compensation for all personnel working at a radiological hazardous waste facility. Enacted.
Washington Regulatory Updates 3/6/2023
HB 1785 – An Act Relating to Establishing Covid-19 As an Occupational Disease
Issues: Worker’s Compensation (General)
Summary:
This measure establishes COVID-19 as an occupational disease for all workers. Any infectious or contagious diseases that are transmitted through respiratory droplets or aerosols, or through contact with contaminated surfaces and are the subject of a public health emergency, and which are shown to be proximately caused by employment or work conditions, are occupational diseases. A worker or the survivor of a worker who has died as a result of any infectious or contagious disease that is transmitted through respiratory droplets or aerosols, or through contact with contaminated surfaces and is the subject of a public health emergency, and whose claim was denied by order of the department, the board of industrial insurance appeals, or a court, may file a new claim for the same exposure and contended condition or disease if the denial was made before the effective date of this measure.
Most Recent Update:
2/7/2023 This measure was introduced and referred to the House Labor and Workplace Standards Committee. This measure is eligible for consideration in the committee of referral.
Washington Regulatory Updates 2/7/2023
HB 1068 – An Act Relating to Injured Workers’ Rights During Compelled Medical Examinations
Issues: Worker’s Compensation (General)
Summary:
This measure relates to injured workers’ rights during a compelled medical examination. This measure provides that each worker has the right to record the audio, video, or both, of all compelled examinations or by the board of industrial insurance appeals. This measure provides that upon request, the worker must provide one copy of the recording to the department or self-insured employer within 14 days of receiving the request, but in no case prior to the issuance of a written report of the compelled examination. This measure provides that the worker has the right to have one person, who is at least the age of majority and who is of the worker’s choosing, to be present to observe all compelled examinations ordered. The observer must be unobtrusive and not interfere with the examination. The observer may not be the worker’s legal representative.
Most Recent Update:
1/24/2023 This measure has been scheduled for executive session on January 24 in the House Committee on Labor & Commerce. The Washington Legislature is meeting virtually for the 2023 legislative session. Testimony is generally not accepted in executive sessions and they are not open to the public. The measure may be referred to multiple committees.
SB 5212 – An Act Relating to Injured Workers’ Rights During Compelled Medical Examinations
Issues: Worker’s Compensation (General)
Summary:
This measure provides that a worker has a right to record the audio, video, or both, of all compelled medical examinations and has the right to have one person who is of the workers choice, but not their legal representative, and at least the age of majority to be present to observe all compelled examinations. All recordings are deemed confidential.
This measure requires the worker to for paying the costs of recording and, upon request, provide one copy of the recording to the department or self-insured employer within 14 days of receiving the request, but in no case prior to the issuance of a written report of the compelled examination.
Most Recent Update:
1/10/2023 This measure has been introduced for the 2023 legislative session and referred to the Senate Committee on Labor & Commerce. The sponsor sits on the committee of referral. This measure is eligible for consideration in the committee of referral.
HB 1197 – An Act Relating to Defining Attending Provider and Clarifying Other Provider Functions For Workers’ Compensation Claims, and Adding Psychologists As Attending Providers For Mental Health Only Claims
Issues: Worker’s Compensation (General)
Summary:
This measure expands the list of acceptable attending providers able to treat a worker for a worker’s compensation claim to include osteopathic physicians, chiropractors, naturopaths, podiatric physicians, optometrists, dentists, licensed advanced registered nurse practitioners, and physician assistant. In addition, psychologists are added as attending providers for mental health claims.
This measure defines “Attending provider” as a person who is a member of the health care provider network that is treating injured workers within the person’s scope of practice, and is licensed in one of the following professions: physicians, osteopathy, chiropractors, naturopathy, podiatric medicine and surgery, dentistry, optometry, and in the case of claims solely for mental health conditions, psychology, physician assistants, and licensed advanced registered nurse practitioners.
Most Recent Update:
1/10/2023 This measure has been scheduled for hearing on January 17 in the House Committee on Labor & Workplace Standards. The sponsor does not sit on the committee of referral. The Washington Legislature is meeting virtually for the 2023 legislative session. Anyone wishing to testify may do so here https://app.leg.wa.gov/csi/house. Testimony must be submitted in advance of the hearing. A vote is unlikely until the measure is considered in an executive session. The measure may be referred to multiple committees.
SB 5310 – An Act Relating to Defining Attending Provider and Clarifying Other Provider Functions For Workers’ Compensation Claims, and Adding Psychologists As Attending Providers For Mental Health Only Claims
Issues: Worker’s Compensation (General)
Summary:
This measure simplifies references to providers throughout the workers’ compensation title. The measure changes “physician or licensed advanced registered nurse practitioner” to “health services provider” or “attending provider” throughout the text. This measure defines attending provider as a person who is a member of the health care provider network, is treating injured workers within the person’s scope of practice and is licensed in one of the following professions: physicians; osteopath; chiropractic; naturopathy; pediatric medicine and surgery; dentistry; optometry; in claims solely for mental health conditions, psychology; physician assistants; and licensed advanced registered nurse practitioners. This definition expands the scope of providers an injured worker has the right to receive health services from following an accident at work. This measure establishes that an application for compensation following injury may be transmitted to the department electronically. This measure takes effect July 1, 2025 and applies retroactively.
Most Recent Update:
1/31/2023 This measure was heard on January 26 in the Senate Committee on Labor & Commerce. No action was reported. This measure has been scheduled for an executive session on January 31 in the Senate Committee on Labor & Commerce, chaired by Senator Karen Keiser (D).The Washington Legislature is meeting virtually for the 2023 legislative session. Testimony is generally not accepted in executive sessions, and they are not open to the public. The measure may be referred to multiple committees.
Washington Regulatory Updates 4/11/2022
SB 5890 – An Act Relating to Clarifying Eligibility For the Presumption For Workers’ Compensation For All Personnel Working at a Radiological Hazardous Waste Facility
Issues: Worker’s Compensation (Medical Coverage and Reimbursement) Workers’ Compensation (General)
Summary:
This measure amends the Washington Code relating to eligibility for the presumption for workers’ compensation for all personnel working at a radiological hazardous waste facility. This measure states that for exposed workers there exists a prima facie presumption that the diseases and conditions are occupational diseases. This measure amends the list of diseases that the prima facie presumption applies to include liver function problems, kidney function problems, and reproductive system function problems. This measure defines an “exposed worker” as a worker working at a radiological hazardous waste facility for at least an eight-hour shift covered under this title, including conducting an inspection of the facility. This measure defines a “radiological hazardous waste facility” as any structure and its lands where high-level radioactive waste or mixed waste is stored or disposed of. This measure will take effect immediately.
Most Recent Update:
3/11/2022 This measure was signed by Governor Jay Inslee (D). The effective date of this measure is March 11, 2022.
Washington Regulatory Updates 2/4/2022
SB 5627 – An Act Relating to Injured Workers’ Rights During Independent Medical Examinations
Issues: Worker’s Compensation (Utilization Review and Appeals) Workers’ Compensation (General)
Summary:
This measure establishes that a worker has the right to record either the audio, video, or both of all medical examinations related to worker’s compensation claims. This measure establishes that a worker has the right to record either the audio, video, or both of all medical examinations related to worker’s compensation claims. Requires the worker to pay the costs of recording the examination and provide one copy to the state or self-insured employer within 14 days of receiving a request for a copy. Establishes that a worker has the right to have one person, at least 18 years of age, of the worker’s choosing present to observe the examination; provided the person is not the worker’s legal representative.
Most Recent Update:
1/26/2022 This measure was scheduled for hearing in the Senate Labor, Commerce & Tribal Affairs Committee, chaired by Senator Karen Keiser (D) on January 26th at 10:30 AM. The sponsor does serve on the committee of referral. A vote may occur at the discretion of the chair.
SB 5890 – An Act Relating to Clarifying Eligibility For the Presumption For Workers’ Compensation For All Personnel Working at a Radiological Hazardous Waste Facility
Issues: Worker’s Compensation (Medical Coverage and Reimbursement) Workers’ Compensation (General)
Summary:
This measure amends the Washington Code relating to eligibility for the presumption for workers’ compensation for all personnel working at a radiological hazardous waste facility. This measure states that for exposed workers there exists a prima facie presumption that the diseases and conditions are occupational diseases. This measure amends the list of diseases that the prima facie presumption applies to include liver function problems, kidney function problems, and reproductive system function problems. This measure defines an “exposed worker” as a worker working at a radiological hazardous waste facility for at least an eight-hour shift covered under this title, including conducting an inspection of the facility. This measure defines a “radiological hazardous waste facility” as any structure and its lands where high-level radioactive waste or mixed waste is stored or disposed of. This measure will take effect immediately.
Most Recent Update:
2/2/2022 This measure was heard on January 26 in the Senate Labor, Commerce, and Tribal Affairs Committee. No action was reported from the hearing. This measure has been scheduled for an executive session on February 2 in the Senate Labor, Commerce, and Tribal Affairs Committee, chaired by Senator Karen Keiser (D). In Washington, executive sessions are not open to the public. A vote may occur at the discretion of the Chair. The measure may be referred to multiple committees.
Washington Regulatory Updates 7/12/2021
SB 5092 – Making 2021-2023 fiscal biennium operating appropriations.
Issues: Medicaid Managed Care, Utilization Review and Appeals, Workers’ Compensation (Opioid Limits), Dental Coverage, Workers’ Compensation (General), Behavioral Health Coverage
Summary:
Among other actions, this measure appropriates funding for the Medicaid quality improvement program. See Update 6/3/2021 for full summary.
Most Recent Update:
5/18/2021 On May 18, this measure was signed by Governor Jay Inslee (D) with line item vetoes. This measure is effective upon the signature of the Governor, on May 18, 2021.
Washington Regulatory Updates 6/3/2021
SB 5092 – Making 2021-2023 fiscal biennium operating appropriations.
Issues: Medicaid Managed Care, Utilization Review and Appeals, Workers’ Compensation (Opioid Limits), Dental Coverage, Workers’ Compensation (General), Behavioral Health Coverage
Summary:
Among other actions, this measure appropriates funding for the Medicaid quality improvement program. This measure appropriates $342.3 million for the Medicaid quality improvement program. This program allows states to design quality improvement programs for the Medicaid population in ways that support the state’s quality goals. This measure states that Apple health managed care organizations and their partnering providers will receive Medicaid quality improvement program payments as they meet designated milestones. Partnering providers and apple health managed care organizations will work together to achieve Medicaid quality improvement program goals.
Most Recent Update:
4/26/2021 This measure was sent to Governor Jay Inslee (D). Since the Legislature has adjourned sine die, the Governor has 20 days, excluding Sundays, to sign or veto this measure. If the Governor does not sign this measure, this measure will be enacted without a signature. If the Governor vetoes this measure, it will be eligible for consideration in the 2022 Legislative Session.
SB 5115 – An Act Relating to Establishing Health Emergency Labor Standards.
Issues: Workers’ Compensation (Medical Coverage and Reimbursement), Workers’ Compensation (General)
Summary:
This measure will create an occupational disease presumption for frontline workers during a public health emergency for the purposes of workers’ compensation. It also requires employers to notify the Department of Labor and Industries when a certain percentage of their workforce becomes infected during a public health emergency and requires employers to provide written notice to employees on the premises and their union of potential exposure to the infectious or contagious disease during a public health emergency.
For frontline employees, there exists a presumption that any infectious or contagious diseases that are transmitted through respiratory droplets or aerosols, or through contact with contaminated surfaces and are the subject of a public health emergency are occupational diseases during a public health emergency for the purposes of workers’ compensation. The employee must provide verification, as required by the Department, that the employee has contracted the infectious or contagious disease.
The presumption may be rebutted by clear and convincing evidence that:
(i) the exposure to the disease occurred from other employment or non-employment activities; or
(ii) the employee was working from the employee’s home or was on leave for a period of quarantine consistent with recommended guidance from state and federal health officials immediately prior to the employee’s injury, occupational disease, or period of incapacity that resulted from exposure to the disease.
During a public health emergency, an employer with more than 50 employees at a workplace, within 24 hours of confirming that 5 percent or more of their employees at the workplace have tested positive for the infectious or contagious disease that is the subject of the public health emergency must report the positive tests to the Department. An employer with 50 or fewer employees must report to the Department when 10 percent or more of their employees at the workplace test positive. An employer to rebut th occupational disease presumption with a preponderance of the evidence, rather than clear and convincing evidence. The measure also prohibits discrimination against an employee who is high risk for the infectious or contagious disease that is the subject of a public health emergency for seeking accommodation that protects them from the disease or utilizing all available leave options if no accommodation is reasonable.
“Frontline employee” includes the following employees:
(a) First responders, including law enforcement officers, firefighters, emergency medical service providers, paramedics, and ambulance drivers;
(b) Employees employed at a hospital, health care facility, nursing home, or assisted living facility who interact in person with patients or other members of the general public as part of their job duties;
(c) Employees performing food processing, food manufacturing, food distribution, farm, and meat packing work;
(d) Maintenance, janitorial, and food service workers at any facility treating patients diagnosed with the infectious or contagious disease that is the subject of the public health emergency;
(e) Drivers and operators employed by a transit agency or any other public entity authorized under state law to provide mass transportation services to the general public;
(f) Employees working at a child care facility licensed by the department of children, youth, and families if the employee has in-person interaction with children or other members of the general public as part of their job duties;
(g) retail employees at stores that remain open to the general public during the public health emergency if the employee has in-person interaction with the general public or other employees;
(h) Employees employed by a hotel, motel, or other transient accommodation licensed that remains open to the general public during the public health emergency, if the employee has in-person interaction with the general public as part of their job duties or has in-person interaction with other employees;
(i) Employees employed by a restaurant, if the employee has in-person interaction with the general public as part of their job duties or works in the kitchen of the restaurant and has in-person interaction with other employees;
(j) Home care aides and home health aides that provide services that primarily work in the home of the individual receiving care;
(k) Corrections officers and correctional support employees working at a correctional institution.
(l) educational employees, including teachers, paraeducators, principals, librarians, school bus drivers, and other educational support staff and contractors that are required to be physically present at a school, or on the grounds of a school, where classes are being taught in person, in a school transportation vehicle, or in the home of a student as part of their job duties, if the employee has in-person interaction with students, a student’s family members, or other employees;
(m) employees at higher education institutions that are required to be physically present on campus where classes are being taught in person, if the employee has in-person interaction with students or other employees; and
(n) employees employed by a public library that remains open, if the employee has in-person interaction with the general public or other employees.
This measure provides that if leave or similar benefits are paid to a frontline employee under a federal or state program for such employees during the public health emergency, time-loss benefits will not be paid to the employee for the same time period covered by the federal or state program.
Most Recent Update:
5/11/2021 This measure was signed by Governor Jay Inslee (D). This measure will take effect immediately.
Washington Regulatory Updates 5/5/2021
SB 5092 – Making 2021-2023 fiscal biennium operating appropriations.
Issues: Medicaid Managed Care, Utilization Review and Appeals, Workers’ Compensation (Opioid Limits), Dental Coverage, Workers’ Compensation (General), Behavioral Health Coverage
Summary:
Among other actions, this measure appropriates funding for the Medicaid quality improvement program.
This measure appropriates $342.3 million for the Medicaid quality improvement program. This program
allows states to design quality improvement programs for the Medicaid population in ways that support the
state’s quality goals. This measure states that Apple health managed care organizations and their partnering providers will receive Medicaid quality improvement program payments as they meet designated milestones. Partnering providers and apple health managed care organizations will work together to achieve Medicaid quality improvement program goals.
Most Recent Update:
4/3/2021 On April 3, the House suspended their rules and heard this bill on the floor without being heard in committee. The House adopted floor amendments and passed this measure by a vote of 57-41. This measure is eligible to be sent to Governor Jay Inslee (D).
Washington Regulatory Updates 4/2/2021
SB 5092 – Making 2021-2023 fiscal biennium operating appropriations.
Issues: Medicaid Managed Care, Utilization Review and Appeals, Workers’ Compensation (Opioid Limits), Dental Coverage, Workers’ Compensation (General), Behavioral Health Coverage
Summary:
Among other actions, this measure appropriates funding for the Medicaid quality improvement program.
This measure appropriates $342.3 million for the Medicaid quality improvement program. This program
allows states to design quality improvement programs for the Medicaid population in ways that support the
state’s quality goals. This measure states that Apple health managed care organizations and their partnering providers will receive Medicaid quality improvement program payments as they meet designated milestones. Partnering providers and apple health managed care organizations will work together to achieve Medicaid quality improvement program goals.
Most Recent Update:
3/29/2021 This measure was substituted in the Senate Ways and Means Committee on March 29. This measure is eligible for further consideration in the Senate.
SB 5115 – An Act Relating to Establishing Health Emergency Labor Standards.
Issues: Workers’ Compensation (Medical Coverage and Reimbursement), Workers’ Compensation (General)
Summary:
This measure will create an occupational disease presumption for frontline workers during a public health
emergency for the purposes of workers’ compensation. It also requires employers to notify the Department of Labor and Industries when a certain percentage of their workforce becomes infected during a public health emergency and requires employers to provide written notice to employees on the premises and their union of potential exposure to the infectious or contagious disease during a public health emergency.
For frontline employees, there exists a presumption that any infectious or contagious diseases that are
transmitted through respiratory droplets or aerosols, or through contact with contaminated surfaces and are the subject of a public health emergency are occupational diseases during a public health emergency for the purposes of workers’ compensation. The employee must provide verification, as required by the Department, that the employee has contracted the infectious or contagious disease.
The presumption may be rebutted by clear and convincing evidence that:
(i) the exposure to the disease occurred from other employment or non-employment activities; or
(ii) the employee was working from the employee’s home or was on leave for a period of quarantine
consistent with recommended guidance from state and federal health officials immediately prior to the
employee’s injury, occupational disease, or period of incapacity that resulted from exposure to the disease.
During a public health emergency, an employer with more than 50 employees at a workplace, within 24
hours of confirming that 5 percent or more of their employees at the workplace have tested positive for the infectious or contagious disease that is the subject of the public health emergency must report the positive tests to the Department. An employer with 50 or fewer employees must report to the Department when 10 percent or more of their employees at the workplace test positive. An employer to rebut the occupational disease presumption with a preponderance of the evidence, rather than clear and convincing evidence. The measure also prohibits discrimination against an employee who is high risk for the infectious or contagious disease that is the subject of a public health emergency for seeking accommodation that protects them from the disease or utilizing all available leave options if no accommodation is reasonable.
“Frontline employee” includes the following employees:
(a) First responders, including law enforcement officers, firefighters, emergency medical service providers,
paramedics, and ambulance drivers;
(b) Employees employed at a hospital, health care facility, nursing home, or assisted living facility who
interact in person with patients or other members of the general public as part of their job duties;
(c) Employees performing food processing, food manufacturing, food distribution, farm, and meat packing
work;
(d) Maintenance, janitorial, and food service workers at any facility treating patients diagnosed with the
infectious or contagious disease that is the subject of the public health emergency;
(e) Drivers and operators employed by a transit agency or any other public entity authorized under state law to provide mass transportation services to the general public;
(f) Employees working at a child care facility licensed by the department of children, youth, and families if the employee has in-person interaction with children or other members of the general public as part of their job duties;
(g) retail employees at stores that remain open to the general public during the public health emergency if
the employee has in-person interaction with the general public or other employees;
(h) Employees employed by a hotel, motel, or other transient accommodation licensed that remains open
to the general public during the public health emergency, if the employee has in-person interaction with the general public as part of their job duties or has in-person interaction with other employees;
(i) Employees employed by a restaurant, if the employee has in24 person interaction with the general public as part of their job duties or works in the kitchen of the restaurant and has in-person interaction with other employees;
(j) Home care aides and home health aides that provide services that primarily work in the home of the
individual receiving care;
(k) Corrections officers and correctional support employees working at a correctional institution.
(l) educational employees, including teachers, paraeducators, principals, librarians, school bus drivers, and
other educational support staff and contractors that are required to be physically present at a school, or on
the grounds of a school, where classes are being taught in person, in a school transportation vehicle, or in
the home of a student as part of their job duties, if the employee has in-person interaction with students, a student’s family members, or other employees;
(m) employees at higher education institutions that are required to be physically present on campus where
classes are being taught in person, if the employee has in-person interaction with students or other
employees; and
(n) employees employed by a public library that remains open, if the employee has in person interaction with the general public or other employees.
This measure provides that if leave or similar benefits are paid to a frontline employee under a federal or state program for such employees during the public health emergency, time-loss benefits will not be paid to the employee for the same time period covered by the federal or state program.
Most Recent Update:
3/24/2021 This measure passed the committee with an amendment. The amendment provides that if leave or similar benefits are paid to a frontline employee under a federal or state program for such employees during the public health emergency, time-loss benefits will not be paid to the employee for the same time period covered by the federal or state program This measure is eligible for consideration in the House Rules Committee.
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