Brief (1)
HB 2301 amends the Workers Compensation Act to require certain volunteer personnel, such as volunteer law enforcement officers, and firefighters who receive benefits, be paid approximately 112.5 percent of the state's average weekly wage. Under current law, an injured volunteer worker does not receive benefits based on full-time employment.
The bill provides that a health care provider, hospital, or other entity providing health care services to the injured person, with the exception of certain hospital inpatient services under the diagnosis related group prospective payment system, would be paid the lesser of the provider's usual and customary charge or the maximum fees set forth in the schedule.
Background
Information on the bill was provided by the Workers Compensation Director who indicated the bill was recommended by the Workers Compensation Advisory Committee. Those who appeared in support of the bill include representatives from the Kansas Insurance Department, the Kansas State Firefighters Association, the Kansas State Fire Chiefs Association, the Kansas Emergency Medical Services Association, the Kansas Trial Lawyers Association, and the Kansas AFL-CIO.
Opposition was voiced on behalf of the League of Kansas Municipalities.
The Senate Committee amended the bill to include definitions of "usual charge" and "customary charge" and a modification of the definition of "workman" or "employee" to specifically include certified attendants and ambulance drivers. The Committee also added the provision allowing for payments to an injured volunteer of approximately 112.5 percent of the state average weekly wage and the provision allowing for the payment of the lesser of the provider's usual and customary charge or the maximum fees set forth in the schedule, with the exception of certain hospital inpatient services under the diagnosis related group prospective payment system.
The fiscal note indicates no fiscal effect on the Kansas Department of Human Resources. There is the possibility that there could be some fiscal effect on hospitals or health care providers.
1. *Supplemental notes are prepared by the Legislative Research Department and do not express legislative intent. The supplemental note and fiscal note for this bill may be accessed on the Internet at http://www.ink.org/public/legislative/fulltext.cgi