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Affordable Care Act Mentions Workers Comp How Many Times?

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Affordable Care Act Mentions Workers Comp __ Times?

I am one of the people that actually read the Affordable Care Act (Obamacare) just after it was passed by the House.  The main reason was to see if Workers Comp was affected or mentioned directly in the Act.

Graphic of Affordable Care Act Obamacare
Wikimedia commons – Careilly5801

The searchable PDF of the act is on the Affordable Care Act page.   I had thought there would be more reference to Workers Comp.   The term was covered only one time.   The following is the excerpt from the Act:

COMPLIANCE WITH CERTAIN LAWS.—A State shall ensure that, regardless of whether the State uses an agency provider model or other models to provide home and community-based attendant services and supports under a State plan  amendment under this subsection, such services and supports are provided in accordance with the requirements of the Fair Labor Standards Act of 1938 and applicable Federal and State laws regarding—
‘‘(A) withholding and payment of Federal and State income and payroll taxes;
‘‘(B) the provision of unemployment and workers compensation insurance;
‘‘(C) maintenance of general liability insurance; and
‘‘(D) occupational health and safety.

Doctor And Patient Affordable Care Act Looking At X Ray
StockUnlimited

I had written many times before on the Federalization of Workers Compensation and the Death of Workers Compensation specifically mentioning 24 hour healthcare as a replacement for WC.

The above section may allay some of the fears that Workers Comp personnel may have on the Affordable Care Act.  However, I would read the articles that I had written in the past before feeling too comfortable.

I read the passage a few times to try to comprehend how this all fits together.  If anyone would like to leave a comment on their interpretation, please feel free to post a comment.  Any input would be appreciated.

2018 Update – part of the Act has been repealed.   The effect on Workers Comp will not be known for at least two years. 

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James Moore

Raleigh, NC, United States

About The Author...

James founded a Workers’ Compensation consulting firm, J&L Risk Mgmt Consultants, Inc. in 1996. J&L’s mission is to reduce our clients’ Workers Compensation premiums by using time-tested techniques. J&L’s claims, premium, reserve and Experience Mod reviews have saved employers over $9.8 million in earned premiums over the last three years. J&L has saved numerous companies from bankruptcy proceedings as a result of insurance overpayments.

James has over 27 years of experience in insurance claims, audit, and underwriting, specializing in Workers’ Compensation. He has supervised, and managed the administration of Workers’ Compensation claims, and underwriting in over 45 states. His professional experience includes being the Director of Risk Management for the North Carolina School Boards Association. He created a very successful Workers’ Compensation Injury Rehabilitation Unit for school personnel.

James’s educational background, which centered on computer technology, culminated in earning a Masters of Business Administration (MBA); an Associate in Claims designation (AIC); and an Associate in Risk Management designation (ARM). He is a Chartered Financial Consultant (ChFC) and a licensed financial advisor. The NC Department of Insurance has certified him as an insurance instructor. He also possesses a Bachelors’ Degree in Actuarial Science.

LexisNexis has twice recognized his blog as one of the Top 25 Blogs on Workers’ Compensation. J&L has been listed in AM Best’s Preferred Providers Directory for Insurance Experts – Workers Compensation for over eight years. He recently won the prestigious Baucom Shine Lifetime Achievement Award for his volunteer contributions to the area of risk management and safety. James was recently named as an instructor for the prestigious Insurance Academy.

James is on the Board of Directors and Treasurer of the North Carolina Mid-State Safety Council. He has published two manuals on Workers’ Compensation and three different claims processing manuals. He has also written and has been quoted in numerous articles on reducing Workers’ Compensation costs for public and private employers. James publishes a weekly newsletter with 7,000 readers.

He currently possess press credentials and am invited to various national Workers Compensation conferences as a reporter.

James’s articles or interviews on Workers’ Compensation have appeared in the following publications or websites:

  • Risk and Insurance Management Society (RIMS)
  • Entrepreneur Magazine
  • Bloomberg Business News
  • WorkCompCentral.com
  • Claims Magazine
  • Risk & Insurance Magazine
  • Insurance Journal
  • Workers Compensation.com
  • LinkedIn, Twitter, Facebook and other social media sites
  • Various trade publications

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