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States introduce mixed legislation on cannabis payments in comp

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Lawmakers in Kansas, Mississippi, Nebraska and South Dakota are considering bills that would explicitly shield payers from reimbursing injured workers for using medical cannabis yet those in New Jersey are weighing a law that would explicitly require comp to cover cannabis in some circumstances.

The Mississippi House of Representatives on Thursday approved S.B. 2095, which would create a statewide cannabis program that explicitly exempts workers compensation insurers and self-insured employers from paying for or reimbursing anyone for the costs of using medical cannabis. The bill sent it to the Senate for concurrence with amendments made one day earlier.

That bill also includes language that would state the act is not intended to affect or otherwise impact an employer’s right to deny or establish legal defenses to the payment of work comp benefits on the basis of a positive drug test.

On Thursday, Nebraska lawmakers read L.B. 1275, which would also create a statewide medical cannabis program and would shield insurers and employers from reimbursing injured workers for costs associated with the medical use of cannabis.

The South Dakota Senate Health and Human Services Committee voted Friday to pass S.B. 17, which would amend statutory language that exempts workers compensation insurers and self-insured employers from reimbursing people for costs associated with the medical use of cannabis.

In Kansas, S.B. 158 would create a medical cannabis program and includes language to explicitly exempt workers compensation insurers or self-insured employers from paying for the drug.

The measure also includes language that would declare compensation for workplace injuries “shall not be denied” in the case of a worker who is a registered medical cannabis patient who was using the drug in compliance with the proposed law and did not have a prior incidence of on-the-job impairment over the last two years.

The Senate Committee on Federal and State Affairs heard testimony from bill supporters on Tuesday and from opponents on Wednesday.

Meanwhile, a New Jersey lawmaker is proposing S.B. 309, which would explicitly require workers compensation insurers to pay for medical cannabis. The bill would also say that if payment to a cannabis dispensary is not feasible, employers and insurers would be required to reimburse injured workers for costs associated with its medical use.

The bill follows a New Jersey Supreme Court decision that ruled that workers compensation insurers can be compelled to reimburse workers using medical cannabis to treat injuries and illnesses.

WorkCompCentral is a sister publication of Business Insurance. More stories here.

 

 

 

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