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“The only thing necessary for these diseases to the triumph is for good people and governments to do nothing.”

Legal Issues States

 
House of Mercy, Inc.
Act Justly, Love Tenderly, Walk Humbly With God

Main topics can be found within the left column; sub-topics and/or research reports can be found near the bottom of this page.  Thank you

We offer a monthly newsletter dealing with the various issues surrounding infectious diseases.  To find out more click HERE.

 

 

 

"It is often impossible to find the source from which a germ causing disease has come. The germ leaves no trail that can be followed. Proof often does not pass beyond the stage of possibilities or probabilities, because no one can testify positively to the source from which the germ came, as can be done in the case of physical facts which may be observed in concerning which witnesses can acquire positive knowledge. Under such circumstances the commission or the court can base its findings upon a preponderance of probabilities or of the inference that may be drawn from established facts."

The Wisconsin Supreme Court recognized that an applicant may be able to prove a case of an occupational disease even where the finding would be drawn upon probabilities or inferences that may be drawn from established facts and not the certainty to point to a specific incident in which exposure to a particular germ can be isolated." Ruling from Wisconsin about infection in the work area

"Plunging tax collections and soaring medical costs have created the worst fiscal problems for states since World War II, the National Governors Association said today.

"Nearly every state is in fiscal crisis," the governors said in a new report surveying the states.

The states' fiscal woes will force governors, many of them newly elected, to propose politically sensitive tax increases or drastic cuts in services.

Raymond C. Scheppach, executive director of the governors association, said states were increasing tuition at public colleges and universities, cutting Medicaid eligibility and benefits, increasing taxes on individuals and corporations and laying off state employees.

"You will see huge cuts in Medicaid" next year, beyond the cutbacks already enacted, Mr. Scheppach said.

Medicaid and other health costs like employee health benefits account for 30 percent of state spending and grew last year by 13 percent, the largest increase in a decade, the report said. At a time when revenues are declining, Mr. Scheppach said, such growth is unaffordable and unsustainable.

Governors and state budget officers said the fiscal condition of the states was more dire than the condition of the national economy. The recession has reduced state revenues, especially personal income and capital gains taxes, Mr. Scheppach said, but the states' fiscal problems are also linked to long-term trends, like the increase in health costs and the growing importance of services in the economy.

Relatively few of the newly elected governors have said precisely how they will deal with these fiscal problems. "Most of them don't understand how bad it is," Mr. Scheppach said." States Are Facing Big Fiscal Crises

ADDITIONAL ARTICLES:

Document Name & Link to Document

Description

File Size /Type**

71st OREGON LEGISLATIVE ASSEMBLY--2001 Regular Session

Requires workers' compensation plans of certain cities to provide coverage for hepatitis C for city firefighters, law enforcement officers, emergency medical technicians and corrections officers. - } Creates presumption of compensability for hepatitis C for { + career + } firefighters, law enforcement officers, { + career + } emergency medical technicians and corrections officers in certain circumstances. { + Requires certain cities to provide equivalent workers' compensation coverage. + }

 

Amy L Petersen-Claims Examiner-NE

In the case of the employee who is "...documented to be at risk and chooses to work anyway...," I feel that the exacerbation would be compensible.  The employer would not be responsible for the entire condition, just that portion caused by the work injury.  Of course, this can be a muddy mess to try to separate what is pre-existing and what is caused by the work injury

 

AN ACT CONCERNING WORKERS' COMPENSATION COVERAGE FOR EXPOSURE TO HEPATITIS, TUBERCULOSIS AND MENINGITIS

For Connecticut

 

AN ACT Relating to hepatitis C; adding a new section to chapter 18.79 RCW; adding a new section to chapter 18.205 RCW; adding a new chapter to Title 70 RCW; and prescribing penalties.

Our introduction to the legislative process began in April 2001.  I began with the introduction of the Hepatitis C Virus and its prevalence in the State of Washington and our country.  For far to long this issue has been silent. I started by presenting ideas and then progressed to Bills I would like to see enacted.  The process took many months and a lot of false starts. Finally at the last moment we got Bill 6603.

 

Californians Support Needle Exchange, Condoms for Prisoners

According to a survey conducted by the state Department of Health Services and the University of California-Berkeley, the majority of Californians support access to clean needles for injection drug users and condoms for prisoners to fight the spread of HIV.

 

Cities Urge Restraint in Fight Against Terror

Nearly two dozen cities around the country have passed resolutions urging federal authorities to respect the civil rights of local citizens when fighting terrorism. Efforts to pass similar measures are under way in more than 60 other places.

 

Connecticut Workers Compensation Commission

Workers Compensation Law

 

EDITORIAL, THE DENVER POST, 1/23/02

Most cases of hepatitis C result from "lifestyle factors," rather than occupational risks. That's a polite way of saying that most cases result from intravenous drug use with dirty needles or from multiple sex partners.

 

Fiery firefighter battles hepatitis C, Workers’ Compensation

The good news for Mazula is a brighter outlook for other public safety workers exposed to the disease and his ability to serve as an educator. "If the accident had happened today, I would have gotten treatment sooner. Immediate treatment would have helped. I probably wouldn’t need a liver transplant. And if I had found back then the kind of support provided by such organizations as the Hep C Connection, I could have managed my condition – and its emotional impact on my family, co-workers and friends – much more effectively."

 

Health Officials push stronger Quarantine Law  Colorado's chief medical officer is promoting a stronger
quarantine law for infectious diseases and bioterrorism. Ned Colange is asking for a law that allows health officials to hold patients until they finish their medication. Colorado's current laws permit forced isolation of infectious patients
 

Hepatitis C: Screening in the VA Health Care System

Congressman Christopher Shays (R-CT), Chairman of the Subcommittee on National Security, Veterans Affairs, and International Relations, will hold an oversight hearing June 14 to assess efforts by the Department of Veterans Affairs (VA) to screen and test veterans for Hepatitis C (Hepatitis C Virus) infection.

 

ILLINOIS WORKERS' OCCUPATIONAL DISEASES ACT

An Act to promote the general welfare of the people of this State by providing remedies for injuries suffered or death resulting from occupational diseases incurred in the course of employment; providing for enforcement and administration thereof, and to repeal an Act therein named.

 

Law protects emergency workers Compulsory tests for those who expose police, firefighters, EMTs to bodily fluids  

Neb. Targets Doctor in Hepatitis Death

The state began disciplinary action Tuesday against a cancer doctor linked to a widespread hepatitis C outbreak, citing poor infection control at his clinic.

 

NASTAD-Focus on Spousal & Partner Notification The provision requires that states take ‘administrative or legislative action to require that a good faith effort be made to notify a spouse of a known HIV-infected patient that such spouse may have been exposed to the human immunodeficiency virus and should seek testing. Pdf 52 kb

No Mandatory HIV Testing of State Prisoners in Indiana

Indiana DOC officials estimate that approximately 1% of state inmates are HIV positive but do not know the exact number because Indiana does not have a mandatory testing law for inmates. Although a bill was passed by the state legislature last year that would require mandatory HIV and Hepatitis C Virus testing for all inmates, it was vetoed by the governor for budgetary reasons.

 

Orlando city officials and firefighter

However, their requests were rejected because the city wanted to save money, the Sentinel reports. Firefighters claim that if the city had begun screenings in 1996, as requested, several firefighters infected with hepatitis C might have been able to prevent their subsequent liver damage. The Florida Legislature in 1995 passed a law stating that any case of hepatitis in a firefighter or law-enforcement officer would be "automatically considered" work-related. The firefighters' union charges that in 1996 city officials rejected the union's bid to include hepatitis C screening as part of the annual exams because it knew that the city would be "subject ... to expensive worker's compensation claims" under the law.

 

Resource Guide for Colorado

Provided by the Hep C Connection

158 kb pdf

State HIV Testing Laws

(Large file-increase download time)

Provided by the National HIV/AIDS Clinicians’ Consultation Center Pdf 9253 kb

States Are Facing Big Fiscal Crises

The states' fiscal woes will force governors, many of them newly elected, to propose politically sensitive tax increases or drastic cuts in services.

 

State Medicaid Buy-In Programs: Implementation Status, Enrollment and Program Design Features By state and features of each  

Tens of thousands of Coloradans infected--many unaware.

According to Ann Jesse, The Hep C Connection, Denver, Colorado, an estimated 20,000 to 40,000 Coloradans are already infected with hepatitis C.

 

THE GENERAL ASSEMBLY OF PENNSYLVANIA HOUSE BILL

Amending the act of June 2, 1915 (P.L.736, No.338), entitled, as reenacted and amended, "An act defining the liability of an employer to pay damages for injuries received by an employee in the course of employment; establishing an elective schedule of compensation; providing procedure for the determination of liability and compensation there under; and prescribing penalties," further defining "occupational disease."

 

The State of South Carolina owns the copyright to the Code of Laws of South Carolina

The words "occupational disease" mean a disease arising out of and in the course of employment which is due to hazards in excess of those ordinarily incident to employment and is peculiar to the occupation in which the employee is engaged. A disease shall be deemed an occupational disease only if caused by a hazard recognized as peculiar to a particular trade, process, occupation or employment as a direct result of continuous exposure to the normal working conditions thereof. No disease shall be deemed an occupational disease when:

 

Updated list of WC Agency Websites

Listing of state agencies

 

Wisconsin Court Ruling-Important!!!!

"It is often impossible to find the source from which a germ causing disease has come. The germ leaves no trail that can be followed. Proof often does not pass beyond the stage of possibilities or probabilities, because no one can testify positively to the source from which the germ came, as can be done in the case of physical facts which may be observed in concerning which witnesses can acquire positive knowledge. Under such circumstances the commission or the court can base its findings upon a preponderance of probabilities or of the inference that may be drawn from established facts."

 

Worker’s Compensation Law-North Dakota

 

240 kb pdf

Workers' compensation: infectious diseases: dependants

Existing workers' compensation law generally requires employers to secure the payment of workers' compensation, including medical treatment, for injuries incurred by their employees that arise out of or in the course of employment. Existing law also defines "injury" in the case of the specified state and local firefighting, law enforcement personnel, and patrol members, to include any blood-borne infectious disease that develops or manifests itself during the period while the member is in the service of the governmental entity.

 

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