PocketLaw | Utah Code | Appointment of workers' compensation advisory

Appointment of workers' compensation advisory council -- Composition -- Terms of members -- Duties -- Compensation.

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Affected by 63I-1-234 on 7/1/2027

Effective 5/12/2020
34A-2-107. Appointment of workers' compensation advisory council -- Composition -- Terms of members -- Duties -- Compensation.

(1) There is created a workers' compensation advisory council composed of:
- (a) the following voting members whom the commissioner shall appoint:
  - (i) five employer representatives; and
  - (ii) five employee representatives;
- (b) the following nonvoting members whom the commissioner shall appoint:
  - (i) a representative of the workers' compensation insurance carrier that provides workers' compensation insurance under Section 31A-22-1001;
  - (ii) a representative of a workers' compensation insurance carrier different from the workers' compensation insurance carrier listed in Subsection (1)(b)(i);
  - (iii) a representative of health care providers;
  - (iv) the Utah insurance commissioner or the insurance commissioner's designee;
  - (v) the commissioner or the commissioner's designee; and
  - (vi) a representative of hospitals; and
- (c) the following nonvoting members:
  - (i) a member of the Senate whom the president of the Senate shall appoint; and
  - (ii) a member of the House of Representatives whom the speaker of the House of Representatives shall appoint.

(2) Employers and employees shall consider nominating members of groups who historically may have been excluded from the council, such as women, minorities, and individuals with disabilities.

(3)
- (a) Except as required by Subsection (3)(b), as terms of current council members expire, the commissioner, the president of the Senate, or the speaker of the House of Representatives shall appoint in accordance with Subsection (1) each new member or reappointed member to a two-year term beginning July 1 and ending June 30.
- (b) Notwithstanding the requirements of Subsection (3)(a), the commissioner shall, at the time of appointment or reappointment, adjust the length of terms to ensure that the terms of council members are staggered so that approximately half of the council is appointed every two years.

(4)
- (a) When a vacancy occurs in the membership for any reason, the replacement shall be appointed for the unexpired term.
- (b) The commissioner shall terminate the term of a council member who ceases to be representative as designated by the member's original appointment.

(5) The council shall confer at least quarterly for the purpose of advising the commission, the division, and the Legislature on:
- (a) the Utah workers' compensation and occupational disease laws;
- (b) the administration of the laws described in Subsection (5)(a); and
- (c) rules related to the laws described in Subsection (5)(a).

(6) Regarding workers' compensation, rehabilitation, and reemployment of employees who acquire a disability because of an industrial injury or occupational disease the council shall:
- (a) offer advice on issues requested by:
  - (i) the commission;
  - (ii) the division; and
  - (iii) the Legislature; and
- (b) make recommendations to:
  - (i) the commission; and
  - (ii) the division.

(7)
- (a) The council shall:
  - (i) study how to reduce hospital costs for purposes of medical benefits for workers' compensation;
  - (ii) study hospital billing and payment trends in the state;
  - (iii) study hospital fee schedules used in other states; and
  - (iv) collect information from third-party hospital bill review companies in the state or region, to identify an average reimbursement rate that represents the approximate rate at which a workers' compensation insurance carrier or self-insured employer should expect to reimburse a hospital for billed hospital fees for covered medical services in the state.
- (b) In accordance with Section 68-3-14, the council shall submit a written report to the Business and Labor Interim Committee no later than September 1, 2019, 2020, and 2021. Each written report shall include:
  - (i) recommendations on how to reduce hospital costs for purposes of medical benefits for workers' compensation;
  - (ii) aggregate data on hospital billing and payment trends in the state;
  - (iii) the results of the council's study of hospital fee schedules from other states; and
  - (iv) the approximate rate at which a workers' compensation insurance carrier or self-insured employer should expect to reimburse a hospital for billed hospital fees for covered medical services, calculated in accordance with Subsection (7)(a)(iv).
- (c) For each report described in Subsection (7)(b), the commission may contract with a third-party expert to assist with the council's duties described in Subsections (7)(a) and (b).

(8) The commissioner or the commissioner's designee shall serve as the chair of the council and call the necessary meetings.

(9) The commission shall provide staff support to the council.

(10)
- (a) Except as provided in Subsections (10)(b) and (10)(c), a member may not receive compensation or benefits for the member's service.
- (b) A member who is not a legislator may receive per diem and travel expenses in accordance with:
  - (i) Section 63A-3-106;
  - (ii) Section 63A-3-107; and
  - (iii) rules made by the Division of Finance pursuant to Sections 63A-3-106 and 63A-3-107.
- (c) A member who is a legislator may receive compensation and travel expenses in accordance with Section 36-2-2 and Legislative Joint Rules, Title 5, Legislative Compensation and Expenses.

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