BILL NUMBER: AB 2616	AMENDED
	BILL TEXT

	AMENDED IN ASSEMBLY  APRIL 29, 2014
	AMENDED IN ASSEMBLY  APRIL 3, 2014
	AMENDED IN ASSEMBLY  MARCH 28, 2014

INTRODUCED BY   Assembly Member Skinner

                        FEBRUARY 21, 2014

   An act to add Section 3212.13 to the Labor Code, relating to
workers' compensation.


	LEGISLATIVE COUNSEL'S DIGEST


   AB 2616, as amended, Skinner.  Workers' compensation: hospital
employers: compensation.
   Existing law provides that an injury of an employee arising out of
and in the course of employment is generally compensable through the
workers' compensation system. Existing law provides that, in the
case of certain public employees, the term "injury" includes heart
trouble, hernia, pneumonia, meningitis, lower back impairment, and
other injuries and diseases.
   This bill would provide, with respect to hospital employees who
provide direct patient care in an acute care hospital, that the term
"injury" includes a methicillin-resistant Staphylococcus aureus skin
infection (MRSA skin infection) that develops or manifests itself
during the period of the person's employment with the hospital. This
bill would create a presumption that a MRSA skin infection arises out
of and in the course of the person's employment if the MRSA skin
infection develops or manifests, as specified. This bill would
prohibit attributing a MRSA skin infection that develops or manifests
in those cases to any disease or skin infection existing prior to
that development or manifestation.
   Vote: majority. Appropriation: no. Fiscal committee: yes.
State-mandated local program: no.


THE PEOPLE OF THE STATE OF CALIFORNIA DO ENACT AS FOLLOWS:

  SECTION 1.  The Legislature finds and declares all of the
following:
   (a) According to the United States Department of Labor, health
care is the second fastest growing sector of the United States
economy,  currently  employing over  12 
 16  million workers. Women represent nearly 80 percent of
the health care workforce.
   (b) By the nature of their profession, health care workers are in
constant danger of being directly exposed to many infectious diseases
and indirectly exposed through contact with various pieces of
equipment, chemicals, and clothing.
   (c) Registered nurses constitute the largest occupation within the
health care sector and number over 2.5 million, of which 70 percent
are employed in hospitals.
   (d) Health care-acquired infections in California hospitals
account for an estimated 200,000 infections and 12,000 deaths
annually, according to the State Department of Public Health.
   (e) According to the Office of Statewide Health Planning and
Development, in 2007 there were 52,000 cases of patients infected by
methicillin-resistant Staphylococcus aureus (MRSA) at hospitals
across the state.
   (f) Public safety employees, such as police officers and
firefighters, already have guaranteed access to the workers'
compensation system for methicillin-resistant Staphylococcus aureus
skin infection (MRSA skin infection), HIV, cancer, leukemia,
meningitis, back injuries, and other work-related illnesses and
injuries. However, presumptive eligibility for workers' compensation
is nonexistent for health care workers.
   (g) Due to the rise in work-related illnesses and injuries,
including a MRSA skin infection, it is most appropriate to protect
health care workers by ensuring access to workers' compensation for
health care workers who suffer workplace injuries or contract
infectious diseases.
  SEC. 2.  Section 3212.13 is added to the Labor Code, to read:
   3212.13.  (a) In the case of a hospital employee who provides
direct patient care in an acute care hospital, referred to in this
section as hospital employee, the term "injury," as used in this
section, includes a methicillin-resistant Staphylococcus aureus skin
infection (MRSA skin infection) that develops or manifests itself
during a period of the person's employment with the hospital. The
compensation awarded for that injury shall include full hospital,
surgical, medical treatment, disability indemnity, and death
benefits, as provided by this division.
   (b) (1) A MRSA skin infection that develops or manifests itself
shall be presumed to arise out of and in the course of employment.
This presumption is disputable and may be controverted by other
evidence, but if controverting evidence is not produced, the
presumption shall prevail.
   (2) The MRSA skin infection presumption shall be extended to a
hospital employee following termination of service for a period of 60
days, commencing with the last date actually worked.
   (c) A MRSA skin infection that develops or manifests itself in
circumstances described in subdivision (b) shall not be attributed to
a disease or skin infection existing prior to that development or
manifestation.
   (d) For the purposes of this section, "acute care hospital" means
a health facility as defined in subdivision (a) or (b) of Section
1250 of the Health and Safety Code.