HB 589-FN - AS INTRODUCED
2021 SESSION
21-0198
04/05
HOUSE BILL 589-FN
AN ACT requiring workers' compensation to cover prophylactic treatment for critical
exposure
SPONSORS: Rep. Cahill, Rock. 17; Rep. M. Pearson, Rock. 34; Rep. Goley, Hills. 8; Rep.
Abrami, Rock. 19; Rep. Simpson, Rock. 36; Rep. S. Pearson, Rock. 6; Sen. Reagan,
Dist 17
COMMITTEE: Labor, Industrial and Rehabilitative Services
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ANALYSIS
This bill amends the definition of "critical exposure" for the purpose of the workers'
compensation law.
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Explanation: Matter added to current law appears in bold italics.
Matter removed from current law appears [in brackets and struckthrough.]
Matter which is either (a) all new or (b) repealed and reenacted appears in regular type.
HB 589-FN - AS INTRODUCED
21-0198
04/05
STATE OF NEW HAMPSHIRE
In the Year of Our Lord Two Thousand Twenty One
AN ACT requiring workers' compensation to cover prophylactic treatment for critical
exposure
Be it Enacted by the Senate and House of Representatives in General Court convened:
1 1 Workers' Compensation; Definitions. RSA 281-A:2, I-e is repealed and reenacted to read as
2 follows:
3 I-e. "Critical exposure" means contact of an employee's ruptured or broken skin or mucous
4 membranes, including the eyes or mouth, with a person's blood or body fluids. Testing and
5 treatment shall be determined by the medical provider taking into account the physical examination
6 and incident details provided by the patient.
7 2 Effective Date. This act shall take effect January 1, 2022.
LBA
21-0198
1/12/21
HB 589-FN- FISCAL NOTE
AS INTRODUCED
AN ACT requiring workers' compensation to cover prophylactic treatment for critical
exposure
FISCAL IMPACT: [ X ] State [ X ] County [ X ] Local [ ] None
Estimated Increase / (Decrease)
STATE: FY 2021 FY 2022 FY 2023 FY 2024
Appropriation $0 $0 $0 $0
Revenue $0 $0 $0 $0
Indeterminable Indeterminable Indeterminable
Expenditures $0
Increase Increase Increase
[ X ] General [ ] Education [ ] Highway [ X ] Other - Various
Funding Source:
Government Funds
COUNTY:
Revenue $0 $0 $0 $0
Indeterminable Indeterminable Indeterminable
Expenditures $0
Increase Increase Increase
LOCAL:
Revenue $0 $0 $0 $0
Expenditures $0 Indeterminable Indeterminable Indeterminable
METHODOLOGY:
This bill expands the definition of “critical exposure” under the workers’ compensation law. The
Municipal Associations states existing law requires a workers’ compensation insurance carrier to
pay all expenses associated with preventive medical treatment for emergency response and
public safety workers who have experienced a critical exposure.
The New Hampshire Municipal Association indicates, by expanding the definition of critical
exposure, the law may require workers’ compensation to cover post-exposure treatment in more
cases, but immediate post-exposure treatment may reduce long-term medical costs. A net
increase or decrease in medical costs may affect workers’ compensation rates paid by
municipalities. The Association does not have sufficient information to determine what the fiscal
impact on expenditures would be. The Association assumes there should be no effect on
municipal revenues.
The Department of Labor indicates the proposed legislation would not impact state, county or
local revenues. The Department states the adjusted definition could lead to an increase in
expenditures at the state, county and local levels. The proposed definition of critical exposure
could lead to added workers' compensation coverage and treatment costs This assumes
additional exposures (saliva, tears and perspiration) that could be covered even in the absence of
noticeable blood contaminant. The Department has deemed these potential increases in
expenditures as “indeterminable” because there is no way to credibly quantify the increase in
claims (if any), or what the adjustment in premiums and coverage costs may be.
The Department of Safety is not able to determine the potential impact of the updated definition
on the number of workers' compensation claims. Therefore, the Department cannot determine
the fiscal impact on State, local or county expenditures.
AGENCIES CONTACTED:
New Hampshire Municipal Association, Departments of Labor and Safety
Statutes affected: latest version: 281-A:23