2021 Montana Legislature
_____________ bill NO. _____________
INTRODUCED
BY _________________________________________________
By Request of the ****
A BILL FOR AN ACT ENTITLED: "AN ACT REVISING COVERAGE UNDER WORKERS' COMPENSATION FOR NURSES RELATED TO COVID-19; PROVIDING CONDITIONS; and PROVIDING AN IMMEDIATE EFFECTIVE date, A RETROACTIVE APPLICABILITY date, and A TERMINATION DATE."
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MONTANA:
NEW SECTION. Section 1. Occupational disease for nurses -- applicability -- definitions. (1) An employee who contracts covid-19 is conclusively presumed to have contracted an occupational disease arising out of and in the course of employment if the employee:
(a) is employed as a nurse in a health care setting;
(b) is exposed to covid-19 in the course of employment as a nurse; and
(c) receives a:
(i) covid-19 diagnosis by a physician, physician assistant, or advanced practice registered nurse;
(ii) presumptive positive covid-19 test result; or
(iii) laboratory-confirmed covid-19 diagnosis.
(2) For the purposes of this section, "nurse" means a registered professional nurse or licensed practical nurse licensed to practice in this state as provided in Title 37, chapter 8, or an advanced practice registered nurse as defined in 37-8-102.
NEW SECTION. Section 2. Claims exempt from uniform experience rating plan. The account of an employer under a uniform experience rating plan as provided in 33-16-1023 may not be charged with respect to claims paid under [section 1].
NEW SECTION. Section 3. Codification instruction. (1) [Sections 1 and 2] are intended to be codified as an integral part of Title 39, chapter 71, and the provisions of Title 39, chapter 71, apply to [sections 1 and 2].
NEW SECTION. Section 4. Effective date. [This act] is effective on passage and approval.
NEW SECTION. Section 5. Retroactive applicability. [This act] applies retroactively, within the meaning of 1-2-109, to March 12, 2020.
NEW SECTION. Section 6. Termination. [This act] terminates March 12, 2030.