This bill establishes new provisions regarding the continuation of health insurance for employees who are unable to return to work due to work-related injuries. Specifically, if an employee is injured and was provided health insurance by their employer at the time of the injury, the employer is required to maintain that health insurance for at least six months after the employee leaves employment. If the employer fails to comply, they are liable for any medical costs incurred by the employee that would have been covered by the health insurance. Employers with 15 or more employees must include their policies for compliance in employment contracts, handbooks, or offers. These provisions apply to injuries occurring on or after the bill's effective date.
Additionally, the bill clarifies the definition of an independent contractor for various employment-related laws, including workers' compensation and unemployment insurance. An independent contractor is defined as an individual who operates free from employer control, whose services are outside the employer's usual business, and who is engaged in an independently established trade or profession. The burden of proof lies with the employer to demonstrate that an individual qualifies as an independent contractor rather than an employee. The bill also makes amendments to existing legal language to align with these definitions and provisions.
Statutes affected: Introduced: 85.61, 91A.2