HB 79 Summary

• Increases service fees for workers' compensation insurance from 1.82% to 2.5% of direct premium income, with employer fees set at 2.9% of reported payments to the division of workers' compensation.

• Excludes independent contractors from workers' compensation coverage by establishing a detailed eight-part test, including requirements for express contracts, control over work methods, business expenses, profit/loss opportunity, and compliance with IRS tax requirements.

• Allows nonemployee executive corporate officers and LLC members who own at least 10% of the business to voluntarily obtain workers' compensation coverage by being specifically included in the employer's insurance contract.

• Establishes a legislative workers' compensation working group with 6 members (3 from house, 3 from senate) to review and recommend improvements to the state's workers' compensation system, with a report due December 1, 2018.

• Modifies the second injury fund by limiting new claims to injuries occurring before August 31, 2018, with all claims requiring submission by October 1, 2020, and updating notice and reporting requirements for workers' compensation claims and payments.