2023 -- H 5585

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LC001391

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     STATE OF RHODE ISLAND

IN GENERAL ASSEMBLY

JANUARY SESSION, A.D. 2023

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A N   A C T

RELATING TO LABOR AND LABOR RELATIONS -- WORKERS’ COMPENSATION --

BENEFITS

     Introduced By: Representatives Chippendale, J. Brien, Casey, Quattrocchi, Rea,
Newberry, Place, Nardone, Noret, and Casimiro

     Date Introduced: February 15, 2023

     Referred To: House Labor

     It is enacted by the General Assembly as follows:

     SECTION 1. Section 28-33-5 of the General Laws in Chapter 28-33 entitled "Workers’

Compensation — Benefits" is hereby amended to read as follows:

     28-33-5. Medical services provided by employer.

     (a) The employer shall, subject to the choice of the employee as provided in § 28-33-8,

promptly provide for an injured employee any reasonable medical, surgical, dental, optical, or other

attendance or treatment, nurse and hospital service, medicines, crutches, and apparatus for such

period as is necessary, in order to cure, rehabilitate, or relieve the employee from the effects of the

employee’s injury; provided, that no fee for major surgery shall be paid unless permission for it is

first obtained from the workers’ compensation court, the employer, or the insurance carrier

involved, except where compliance with it may prove fatal or detrimental to the employee.

Irrespective of the date of injury, the liability of the employer for hospital service rendered under

this section to the injured employee shall be the cost to the hospital of rendering the service at the

time the service is rendered. The director, after consultations with representatives of hospitals,

employers, and insurance companies, shall establish administrative procedures regarding the

furnishing and filing of data and the time and method of billing and may accept as representing the

costs for both routine and special services to patients, costs as computed for the federal Medicare

program. Each hospital licensed under chapter 17 of title 23 that renders services to injured

employees under the workers’ compensation act, chapters 29 — 38 of this title, shall submit and

certify to the director, in accordance with requirements of the administrative procedures established

by him or her, its costs for those services. The employer shall also provide all medical, optical,

dental, and surgical appliances and apparatus required to cure or relieve the employee from the

effects of the injury, including, but not limited to, the following: ambulance and nursing service,

eyeglasses, dentures, braces and supports, artificial limbs, crutches, and other similar appliances;

provided, that the employer shall not be liable to pay for or provide hearing aids or other

amplification devices.

     (b) Where an employee receives a COVID-19 vaccine in compliance with an employer's

mandate, and the employee, thereafter suffers an adverse medical event resulting from the

vaccination, all associated medical expenses shall be paid by workers' compensation insurance.

     SECTION 2. This act shall take effect upon passage.

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EXPLANATION

BY THE LEGISLATIVE COUNCIL

OF

A N   A C T

RELATING TO LABOR AND LABOR RELATIONS -- WORKERS’ COMPENSATION --

BENEFITS

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     This act would require the employer's workers’ compensation insurance carrier to cover all

of an employee’s associated medical expenses from any adverse medical event resulting from the

employer mandating that the employee receive the COVID-19 vaccine.

     This act would take effect upon passage.

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