Vermont S 125: An act relating to voluntary engagement in sex work

Bill Text

BILLAS INTRODUCED AND PASSED BY SENATE AND HOUSE S.125
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S.125
Introduced by Committee on Economic Development, Housing and General
Affairs
Date: March 18, 2025
Subject: Labor; Executive; workers’ compensation; Judiciary Employees
Labor Relations Act; collective bargaining rights
Statement of purpose of bill as introduced: This bill proposes to require
workers’ compensation insurance carriers to pay for translation services, to
allow workers’ compensation claimants to request medical case management
services, and to increase penalties for the late payment of workers’
compensation benefits. This bill also proposes to allow judiciary supervisors
to organize and bargain collectively and to appropriate additional funding to
increase staffing at the Vermont Labor Relations Board.
An act relating to workers’ compensation and collective bargaining rights
It is hereby enacted by the General Assembly of the State of Vermont:
* * * Workers’ Compensation * * *
Sec. 1. 21 V.S.A § 601 is amended to read:
§ 601. DEFINITIONS
As used in this chapter:
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BILLAS INTRODUCED AND PASSED BY SENATE AND HOUSE S.125
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* * *
(31) “Medical case management” means the planning and coordination
of health care services appropriate to achieve the goal of medical
rehabilitation.
(A) Medical case management may include medical case assessment,
including a personal interview with the injured employee; assistance in
developing, implementing, and coordinating a medical care plan with health
care providers in consultation with the injured employee and the employees’
family; and an evaluation of treatment results. The goal of medical case
management is to provide the injured employee with reasonable treatment
options to ensure that the injured employee can make an informed choice.
(B) Medical case managers shall not provide medical care or adjust
claims.
(C) An injured employee shall be entitled to medical case
management services if reasonably supported. Reasonable support includes a
recommendation made by a health care provider or evidence demonstrating the
injured employee’s medical recovery would benefit from the services, or both.
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BILLAS INTRODUCED AND PASSED BY SENATE AND HOUSE S.125
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Sec. 2. 21 V.S.A. § 602 is amended to read:
§ 602. PROCESS AND PROCEDURE
* * *
(d) When an injured employee does not speak English fluently, the
employer shall pay for translation services to ensure the injured employee fully
understands the employee’s rights and can effectively participate in the
employee’s medical recovery and the workers’ compensation claims process.
Sec. 3. 21 V.S.A. 640b is amended to read:
§ 640b. REQUEST FOR PREAUTHORIZATION TO DETERMINE IF
PROPOSED BENEFITS OR SERVICES ARE NECESSARY
(a) As used in this section,:
(1) “benefits” “Benefits” means medical treatment and surgical,
medical, and nursing services and supplies, including prescription drugs and
durable medical equipment.
(2) “Services” means medical case management services.
* * *
(e) Within 14 days after receiving a request for preauthorization of
proposed medical case management services, the insurer shall do one of the
following, in writing:
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BILLAS INTRODUCED AND PASSED BY SENATE AND HOUSE S.125
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(1) Authorize the services and notify the injured employee, the
Department, and the treating provider recommending the services, if
applicable.
(2) Deny the services because the entire claim is disputed, and the
Commissioner has not issued an interim order to pay benefits. The insurer
shall notify the injured employee, the Department, and the treating provider
recommending the services, if applicable, of the decision to deny benefits.
(3) Deny the request if there is not reasonable support for the requested
services. The insurer shall notify the injured employee, the Department, and
the treating provider recommending the services, if applicable, of the decision
to deny benefits.
(4) Notify the injured employee, the Department, and the treating
provider recommending the services, if applicable, that the insurer has
scheduled an examination of the injured employee pursuant to section 655 of
this title or ordered a medical record review pursuant to section 655a of this
title. Based on the examination or review, the insurer shall notify the injured
employee and the Department of the decision within 45 days after a request for
preauthorization. The Commissioner may, in the Commissioner’s sole
discretion, grant a 10-day extension to the insurer to authorize or deny the
services, and such an extension shall not be subject to appeal.
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(f) If the insurer fails to authorize or deny the services pursuant to
subsection (e) of this section within 14 days after receiving a re