Big Beautiful Bill Workers Comp Mentions – Really?

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In Big Beautiful Bill Workers Comp Appears How Many Times?

The Big Beautiful Bill Workers Comp reference appears to be an exclusion rather than any type of inclusion.   The part of the Bill that mentions workers comp covers some type of Manhattan Project cleanup exposures. If you wish to download the complete text of the Big Beautiful Bill, please use this link. 

Over the past 20 years, Federal Legislation has rarely mentioned workers compensation. Why?  Because each state regulates its own workers comp laws.

In the Affordable Care Act, the term was mentioned only once.  Check out this article to see how the ACA referenced Workers Comp.

Almost all the Workers Comp references that i have seen in Federal Legislation causes an exclusion to the legislation if a valid WC claim had been accepted by the TPA/carrier/etc.

Where Workers Comp Appeared

The Big Beautiful Bill Workers Comp reference was more of an exclusion if the injured worker had viable WC coverage, This passage had the line numbers and supporting info removed for readability.

‘‘(2) LOSSES DUE TO MEDICAL EXPENSES.—A claimant described in paragraph (1) shall be eligible to receive, upon submission of contemporaneous written medical records, reports, or billing statements created by or at the direction of a licensed medical professional who provided contemporaneous medical care to the claimant, additional compensation in the amount of all documented out-of-pocket medical expenses incurred as a result of the specified disease suffered by that claimant, such as any medical expenses not covered, paid for, or reimbursed through—

‘‘(A) any public or private health insurance;

‘‘(B) any employee health insurance;

‘‘(C) any workers’ compensation program;

 

Big Beautiful Bill Complete Workers Comp Reference

The complete reference appears below.  I wanted to include it a multi-level subchapter contained “Workers’ Compensation.”

862

SEC. 5A. CLAIMS RELATING TO MANHATTAN PROJECT WASTE.

‘‘(a) IN GENERAL. —A claimant shall receive compensation for a claim made under this Act, as described in subsection (b) or (c), if—

‘‘(1) a claim for compensation is filed with the Attorney General—

‘‘(A) by an individual described in paragraph (2); or

‘‘(B) on behalf of that individual by an authorized agent of that individual, if the individual

 is deceased or incapacitated, such as—

‘‘(i) an executor of estate of that individual or

‘‘(ii) a legal guardian or conservator of that individual;

‘‘(2) that individual, or if applicable, an authorized agent of that individual, demonstrates that such

 individual—

 ‘‘(A) was physically present in an affected area for a period of at least 2 years after January 1, 1949; and

 ‘‘(B) contracted a specified disease after such period of physical presence;

‘‘(3) the Attorney General certifies that the identity of that individual, and if applicable, the author-

863

 ized agent of that individual, is not fraudulent or otherwise misrepresented; and

‘‘(4) the Attorney General determines that the claimant has satisfied the applicable requirements of

this Act.

 ‘‘(b) LOSSES AVAILABLE TO LIVING AFFECTED INDIVIDUALS.—

 ‘‘(1) IN GENERAL.—In the event of a claim qualifying for compensation under subsection (a) that

is submitted to the Attorney General to be eligible for compensation under this section at a time when the individual described in subsection (a)(2) is living, the amount of compensation under this section shall be in an amount that is the greater of $50,000 or the total amount of compensation for which the individual is eligible under paragraph (2).

 ‘‘(2) LOSSES DUE TO MEDICAL EXPENSES.—A claimant described in paragraph (1) shall be eligible to receive, upon submission of contemporaneous written medical records, reports, or billing statements created by or at the direction of a licensed medical professional who provided contemporaneous medical care to the claimant, additional compensation in the amount of all documented out-of-pocket medical expenses incurred as a result of the specified disease suf-

864

fered by that claimant, such as any medical expenses not covered, paid for, or reimbursed through—

‘‘(A) any public or private health insurance;

‘‘(B) any employee health insurance;

 ‘‘(C) any workers’ compensation program;

pic MIT Dome Big Beautiful Bill Workers Comp Reference
Share Alike 3.0 Wikimedia Commons – Fcb981

(c) Share-Alike Commons 3.0 Fcb981

Bottom Line

The Big Beautiful Bill Workers Comp changes amount to an exclusion as Federal Legislation has done a few times in the past.

 

 

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James J Moore - Workers Comp Expert

Raleigh, NC, United States

About The Author...

James founded a Workers’ Compensation consulting firm, J&L Risk Management 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:

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