State Law Changes

August 19, 2009 Update

No Updates as of August 19, 2009

Health Insurance Benefit Coverage Law

Alaska has revised its mandated health care law to eliminate specific dollar limits required for substance abuse treatment benefits. As amended, the law provides that group health insurers with plans that cover five or more employees must offer covered employees and their dependents benefits for the treatment of alcoholism or drug abuse. Compliance with the federal parity requirements of the Paul Wellstone and Pete Domenici Mental Health Parity and Addiction Equity Act of 2008 is specified. The law also requires health insurers to comply with several other recently enacted federal laws, including the Genetic Information Nondiscrimination Act of 2008, Michelle's Law, and the Children's Health Insurance Program Reauthorization Act of 2009 (Ch. 55 (H. 222), L. 2009, enacted July 9, 2009, at AK ¶2-4000).

Minimum Wage Law

Alaska Governor Sarah Palin signed into law Senate Bill 1, which increased Alaska's minimum wage for the first time in more than six years. Alaska's minimum wage increased from $7.15 per hour to $7.25 per hour on July 24, and will then increase to 50 cents above the federal minimum wage (or $7.75 per hour) on January 1, 2010 (Alaska State Legislature, Senate Majority Working Group News, July 10, 2009; Ch. 56 (S. 1), L. 2009, at AK ¶2-1000).

Violence in the Workplace Law

The state has enacted a law providing that a property owner, tenant, public or private employer or a business entity shall not prohibit a person from lawfully transporting or storing a firearm that is in the person's locked and privately owned motor vehicle or in a locked compartment on the person's privately owned motorcycle and not visible from the outside of the motor vehicle or motorcycle (S. 1168, L. 2009, at AZ ¶3-3300).

Workers' Compensation Law

The state has enacted a law deleting statutory provisions regarding drug and alcohol impairment tests in workers' compensation cases of injury or death (S. 1266, L. 2009, at AZ ¶3-4300).

Preemployment Inquiries Law

The state has enacted a law consolidating the various processes for conducting criminal history checks on employment applicants for specified service providers (Act 762 (S. 819), L. 2009, at AR ¶4-9000).

Minimum Wage Law

New living wage rate information is reflected for the following jurisdictions: Santa Cruz; Port of Oakland; Los Angeles; San Diego; Richmond; Marin County; and Santa Barbara (CA ¶5-1000).

Criminal Background Checks Law

Provisions pertaining to criminal background checks of employees, applicants and volunteers of the Department of Mental Health and Addiction Services were codified. Title 17a, Chapter 319i, Part I, Section 17a-450c, as enacted by P.A. 08-46 (S.B. 284), L. 2008, effective May 7, 2008. Para 7-23,600.21.

The Commissioner of Developmental Services shall require each applicant seeking employment with the department or seeking employment with a provider licensed or funded by the department to submit to a check for substantiated complaints in the Department of Children and Families child abuse and neglect registry. The law is not yet codified and reads as enacted by P.A. 09-85 (S.B. 756), L. 2009, Sec. 1, effective Oct. 1, 2009. Para 7-23,600.31

Access to Personnel Files Law

On July 13, 2009, Governor M. Jodi Rell signed P.A. 09-239 (S.B. 838), requiring private employers to obtain and retain employment applications in a secure manner and to take reasonable measures to destroy or make unreadable such employment applications upon disposal. These measures must include, at a minimum, the shredding or other means of permanent destruction of such employment applications in a secure setting. Employers violating these provisions will be subject to a civil penalty of at least $500, not to exceed $500,000 for any single violation. Section 10, as enacted by P.A. 09-239 (S.B. 838), L. 2009, effective Oct. 1, 2009. Para 7-23,700.11.

Fair Employment Practices Law

Delaware Governor Jack Markell (D) signed into law a bill (S. 121) on July 3, 2009, prohibiting discrimination based on sexual orientation in the areas of employment, public works contracting, public accommodations, housing and insurance. The bill, which passed both houses of the Delaware General Assembly on June 24, defines “sexual orientation” to exclusively mean heterosexuality, homosexuality, or bisexuality. Religious employers are exempt from the law, except where the duties of employment or employment opportunity pertain solely to activities of the organization that generate unrelated business taxable income subject to taxation under the Internal Revenue Code. In addition, the state superior court, in the first instance, will hear and adjudicate alleged criminal violations under the Act of employment discrimination, equal accommodations and fair housing. The law took effect upon the governor’s signature (DE ¶8-2500).

COBRA Law

Section 3a of the Continuation of Health Coverage Act of 2002 has been amended by striking the phrase “3 months” and inserting the phrase “3 months, or for the period of time during which the employee is eligible for premium assistance under the American Recovery and Reinvestment Act of 2009, approved February 17, 2009 (123 Stat. 115; 26 U.S.C. Section 1, note)” in its place (DC ¶9-4200).

Discrimination Against Members of the National Guard Law

Private and public employers are prohibited to discharge, reprimand, or in any other way discriminate an individual because of his or her absence by reason of state active duty. However, employers are not required to reemploy a National Guard member if: (1) the employer's circumstances have so changed as to make employment impossible or unreasonable; (2) the employment would impose an undue hardship; (3) the employment from which the member of the National Guard leaves is for a brief, nonrecurrent period and there is no reasonable expectation that such employment will continue indefinitely or for a significant period; or (3) the employer had legally sufficient cause to terminate the member of the National Guard at the time he or she left for state active duty. Employers have the burden of proving that these were the factors of not reemploying the National Guard member. Title XVII, Chapter 250, Part I, Section 250.482, as amended by Ch. 122 (H.B. 635), L. 2009, effective July 1, 2009. Para 10-21,150.01.

Fair Employment Practice Act-Public Employees

The act was amended to change the designation of the State Merit System of Personnel Administration to the State Personnel Administration. Title 45, Chapter 19, Article 2, Section 45-19-22, as amended by Act 155 (S.B. 97), L. 2009, effective July 1, 2009. Para 11-20,025.22.

Fair Employment Practices Law

The Georgia Fair Employment Practices Act has been amended to change the designation of the State Merit System of Personnel Administration to the State Personnel Administration (Act 155 (S. 97), L. 2009, effective July 1, 2009, at GA ¶11-2500).

Family Military Leave Rule—Topic added.

Public employees who are the spouse, son, daughter, parent, or next of kin of a covered service member who is recovering from a serious illness or injury sustained in the line of duty on active duty are entitled to up to 26 weeks of leave in a single 12-month period to care for the service member. Also, employees are entitled to up to 12 weeks of leave because of "any qualifying exigency" arising out of the fact that the spouse, son, daughter, or parent of the employee is on active duty, or has been notified of an impending call to active duty status, in support of a contingency operation. Title 478, Chapter 478-1, Section 478-1.23, as adopted effective Dec. 17, 2008. Para 11-22,500.02.

Criminal Background Checks Law

The Hawaii Health Systems Corporation may request a criminal history record check of persons who are employed or seeking employment, or are current or prospective contractors, providers, or volunteers in any of the corporation's health facilities. A current or prospective contractor, provider, or volunteer who has been convicted of a criminal offense for which incarceration is a sentencing option, may be terminated, released, or not used. This action shall be based on the corporation's analysis of whether the nature and circumstances of the crime may pose a risk to the health, safety, or well-being of patients, residents, and organizations in its health facilities. Division 1, Title 19, Chapter 323F, a new section to be appropriately designated and Division 5, Title 38, Chapter 846, Section 846-2.7, as enacted and amended by S.B. 1673, L. 2009, effective July 1, 2009. Paras 12-23,600.07 and 23-23,601.03.

Fair Employment Practices Act

The Hawaii Fair Employment Practices Act was amended to provide that it is an unlawful discriminatory practice for any employer to refuse to hire or employ or to bar or discharge from employment, or otherwise to discriminate against any individual in compensation or in the terms, conditions, or privileges of employment of any individual because of the individual's credit history or credit report, unless the information in the individual's credit history or credit report directly relates to a bona fide occupational qualification under the Hawaii Fair Employment Practices Act. The prohibition against an employer's refusal to hire or employ, barring or terminating from employment, or otherwise discriminating on the basis of credit history shall not apply to employers who are expressly permitted or required to do so under federal or state law, employers that are financial institutions in which deposits are insured by a federal agency having jurisdiction over the financial institution or to managerial or supervisory employees. The Law is to be codified as part of Title 21, Chapter 378, Section 1, as enacted by H.B. 31, L. 2009, effective July 1, 2009. Paras 12-20,025.02 and 12-20,026.01.

Fair Employment Practices Law

The Hawaii Fair Employment Practices Act has been amended to provide that it is an unlawful discriminatory practice for any employer to refuse to hire or employ or to bar or discharge from employment, or otherwise to discriminate against any individual in compensation or in the terms, conditions, or privileges of employment of any individual because of the individual's credit history or credit report, unless the information in the individual's credit history or credit report directly relates to a bona fide occupational qualification (H. 31, L. 2009, at HI ¶12-2500).

Family Leave Law

A family leave data collection system was established ensure that all employees covered by the family leave benefits are informed of their rights and their names are entered into data base upon application for benefits. Also, the system is to collect pertinent data, consistent with state and federal privacy statutes, on the use and potential demand for family leave benefits for both public and private-sector employees, including information on who and under what circumstances employees are using family leave benefits, the nature and duration of family members' needs, and the adequacy of current family leave benefits. When an employee gives notice to request foreseeable family leave, the notice shall include evidence that the employee has submitted the request and provided required data in accordance with the family leave data collection system. Title 21, Chapter 398, Section 398-5 and a section to be appropriately designated, as amended and enacted by H.B. 982, L. 2009, effective July 1, 2009. Paras 12-22,450.05 and 12-22,450.12.

Health Insurance Benefit Coverage Law

New or renewed group or blanket disability insurance contracts, subscriber contracts and self-funded plans must permit unmarried children under age 25, who receive more than one-half of their financial support from their parents, to remain on their parents’ contracts or plans (Ch. 125 (H. 108), L. 2009, effective July 7, 2009, at ID ¶13-4000).

Recordkeeping/Posters Law

The English version of the state's employment discrimination poster has been updated (ID ¶13-9900).

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Department of Human Rights Rules of Practice and Procedure

The Department of Human Rights may refer to a local agency charges that the Department has received alleging discrimination violations also within the jurisdiction of the agency. If the local agency accepts a charge, the Department shall defer processing the charge until the local agency completes its investigation and issues findings on the charge. A local agency’s notarization (“perfection”) of the charge for the purposes of the local agency’s investigation shall not equate to “perfection” for the Department. Upon receiving the local agency’s findings, the Department shall provide the complainant the opportunity to perfect the charge and to have the Department investigate the complainant’s charge. Title 56, Chapter II, Part 2520, Subpart G, Section 2520.640, as amended effective July 20, 2009. Para 14-20,127.640.

Minimum Wage Law

As of July 1, 2009, the living wage rate for Chicago is $11.03 per hour (IL ¶14-1000).

Health Insurance Benefit Coverage Law

Accident and sickness insurance policies, HMOs and state employee health plans must cover routine care costs incurred in the course of a cancer clinical trial if the plan would cover those same costs if they weren't incurred in a clinical trial. “Routine care costs” include the costs of medically necessary services related to the care method under evaluation but exclude, among other things, the health care service that is the subject of the clinical trial and treatments that are not part of the usual and customary standard of care. Coverage is subject to the terms, conditions, exclusions and limitations that apply generally under the plan, including participating provider requirements (Ch. 109 (H. 1382), L. 2009, effective July 1, 2009, at IN ¶15-4000).

Criminal Background Checks Law

Any sheriff conducting a background check screening function that requires the submission of fingerprints by electronic means shall collect the Bureau of Criminal Identification and Information state fingerprint processing fee of twenty-six dollars and, if required, the federal fingerprint processing fee at the time of the fingerprint collection. The local law enforcement agency shall timely remit the processing fees to the Bureau of Criminal Identification and Information. Title 15, Chapter 6, Section 587, as amended by Act 277 (H.B. 186), L. 2009, effective Aug. 15, 2009 and Act 221 (H.B. 703), L. 2009, effective Jan. 1, 2010. Para 19-23,601.51.

The Department of Social Services, office of community services, may utilize the National Crime Information Center to conduct authorized background checks when investigating or responding to reports of abuse or neglect. Title 15, Chapter 6, Section 587.1, as amended by Act 221 (H.B. 703), L. 2009, effective Jan. 1, 2010. Para 19-23,601.52.

An individual or his authorized representative is allowed to obtain a certified copy of his criminal history information record and to seek corrections. Title 15, Chapter 6, Section 588, as amended by Act 116 (H.B. 588), L. 2009, effective Aug. 15, 2009. Para 19-23,601.56.

After the completion of a criminal background check of a nonlicensed health care individual, the Department of Public Safety and Corrections or authorized agency shall provide to the employer only such information as is necessary to specify whether or not that person has been arrested for or convicted of or pled nolo contendere to any crime or crimes, the crime or crimes for which the individual has been arrested or convicted or to which the individual has pled nolo contendere, and the date or dates on which the crime or crimes occurred. Title 40, Chapter 5, Sections 1300.51 through 1300.53, as amended by Act 35 (H.B. 432), l. 2009, effective June 15, 2009. Paras 19-23,600.31 through 19-23,600.33.

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Disability Law

The state has amended its law relating to guide dogs to provide for the access of guide dogs in training to public areas (Act 373 (H. 541), L. 2009, at LA ¶19-2600).

Religious Discrimination Law

The state has enacted a law protecting persons who refuse to provide specified health care services due to their sincerely held religious beliefs or moral convictions (Act 372 (H. 517), L. 2009, at LA ¶19-2900).

Workers' Compensation Law

Effective July 1, 2009, workers' comp coverage for volunteer firefighters is required (Act 304 (H. 729), L. 2009, at LA ¶19-4300).

Smoking in the Workplace Law

Effective September 12, 2009, Maine will prohibit smoking in outdoor eating areas (Ch. 140 (H. 556), L. 2009, at ME ¶20-2700).

No Updates as of August 19, 2009

Recordkeeping/Posters Law

The Brookline living wage poster has been added (MA ¶22-9900).

Workers' Compensation Law

The state's workers' comp law has been amended with respect to time limits for reporting fatalities (Ch. 75 (S. 1476), L. 2009, at MN ¶24-4300).

COBRA Law

Missouri has amended its mini-COBRA law to align its requirements with those of federal law. For example, under prior law, Missouri’s mini-COBRA coverage extended for nine months. Now employers covered by Missouri’s law must comply with federal coverage limits and extend coverage in most instances for 18 months. Note, however, that special Missouri provisions related to divorced spouses remain in effect (H. 231, L. 2009, enacted and effective June 26, 2009, at MO ¶26-4200).

Commission on Human Rights Procedural Regulations

The Missouri Commission on Human Rights amended its procedural rules to remove the certified mail or personal service requirement on amended complaints, continuances and orders, the paper size requirements, and the requirement that depositions be filed with the presiding officer. Commissioners to be selected for a hearing panel will be selected by the chairperson, instead of the chief hearing examiner. Also the term handicapped person was changed to a person with a disability. 8 CSR 60-2, Sections 60-2.065, 60-2.130, 60-2.150, 60-2.200, and 60-2.210, as amended effective Sept. 30, 2009. Paras 26-20,125.65, 26-20,125.130, 26-20,125.150, 26-20,125.200 and 26-20,125.210.

Employment of Aliens Law

Any entity contracting with the state or any political subdivision of the state shall only be required to provide the required affidavits to the state and any political subdivision of the state with which it contracts, on an annual basis. During or immediately after an emergency, the requirement of a business entity to enroll and participate in a federal work authorization program shall be suspended for fifteen working days. Title 18, Chapter 285, Sections 285.530 and 285.555, as amended by H.B. 390, L. 2009, effective July 7, 2009. Paras 26-24,050.02 and 26-24,050.07.

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Employment of Aliens Rules—Topic added.

The Missouri Attorney General’s Office adopted rules implementing the law prohibiting private and public employers and business entities from employing an unauthorized alien to perform work within the state. Also, as a condition for the award of any contract or grant in excess of $5,000 by the state or by any political subdivision of the state to a business entity, or for any business entity receiving a loan from the state, the business entity shall submit an affidavit containing a statement that: (1) the business entity has enrolled in, and is currently participating in, E-verify; (2) that the business entity does not knowingly employ any person who is an unauthorized alien in conjunction with the contracted services; and (3) a notarized signature of the registered agent, legal representative of the business entity, or a corporate officer, including, but not limited to, the human resources director of the business entity or their equivalent. Title 15, Division 60, Chapter 15, Sections 15 CSR 60-15.010 through 15 CSR 60-15.050, as adopted effective August 30, 2009. Paras 26-24,100.01 through 26-24,100.05.

Fair Employment Practices Law

The state has enacted a law prohibiting municipal fire departments and police departments, state agencies, state departments, and political subdivisions from discriminating in employment based on an individual's elementary or secondary education program (S. 232, L. 2009, at MO ¶26-2500).

Unemployment Insurance Law

The Missouri Employment Security Law has been amended (MO ¶26-1700).

Unemployment Insurance Law

Nebraska has amended its Employment Security Law to provide that no employer with a positive experience account balance will be assigned to Category 20 (NE ¶28-1700).

Health Insurance Benefit Coverage Law

New Hampshire has amended its health insurance laws to clarify the definition of a “dependent child” (Ch. 235 (H. 330), L. 2009, effective September 14, 2009, at NH ¶30-4000).

Unemployment Insurance Law

Contribution rate information has been updated (NJ ¶31-1700).

Workers' Compensation Law

Effective July 10, 2009, an employer who fails to secure workers' comp insurance coverage, who misrepresents one or more employees as independent contractors, or who provides false, incomplete or misleading information concerning the number of employees, shall be guilty of a disorderly persons offense and, if the failure, misrepresentation or provision of false, incomplete or misleading information is knowing, shall be guilty of a crime of the fourth degree, and shall be subject to a stop-work order issued by the Director of the Division of Workers' Compensation. A stop-work order requires the cessation of all business operations of an employer at every site at which the violation occurred.

Failure or refusal to comply with a stop-work order shall, in addition to any other penalties provided by law, result in the assessment of a penalty of not less than $1,000 and not more than $5,000 for each day found not to be in compliance (Ch. 87 (A. 3569), L. 2008, enacted July 10, 2009, at NJ ¶31-4300).

Equal Pay Law

New York's Labor Law requires employers to give notice to employees at the time of hire of the rate of pay and of the employer's designated regular pay day. Effective October 26, 2009, employers will be required to give such notice to employees in writing. In addition, employers will be required to obtain written acknowledgment from each employee of receipt of such notice. Labor Law, Article 6, Section, 195, as amended by Ch. 270 (S.B. 3357), L. 2009, enacted July 28, 2009, and effective October 26, 2009. Para 33-23,100.02.

Fair Employment Practices Law

Effective immediately, New York has amended its Executive Law to prohibit employers from discriminating against victims of domestic violence or stalking based upon status as a domestic violence victim (A. 755, L. 2009, enacted July 7, 2009, at NY ¶33-2500).

Minimum Wage Law

For the period July 1, 2009, through June 30, 2010, the living wage rates for Rochester are $10.54 per hour if health insurance is offered, and $11.77 per hour if health insurance is not offered (NY ¶33-1000).

Unemployment Insurance Law

The North Carolina Employment Security Law has been amended with respect to severely disabled veterans and disqualification under the substantial fault provision of the law (NC ¶34-1700).

Military and Emergency Services Leave Law

The state has enacted a law relating to job protections for volunteer emergency responders. The law prohibits hiring and other employment discrimination (H. 1181, L. 2009, at ND ¶35-7200).

Fair Employment Practices Act

The state has adopted a law known as the Oregon Workplace Religious Freedom Act. The law requires private and public employers to provide reasonable accommodation of the religious practices of an employee unless providing the accommodation would impose an undue hardship. The law also requires employers to permit an employee to use leave as an accommodation to religious practices, and prohibits an occupational requirement that restricts the ability of an employee to wear religious clothing, to take time off for a holy day or to participate in a religious observance or practice. The law is to be codified as part of Title 51, Chapter 659A, as enacted by S.B 786, L. 2009, Section 2, effective Jan.1, 2010. Para 38-20,026.02.

In addition, the state has also enacted a law prohibiting an employer from discriminating against a person because of the person's service in the Army, Navy, Air Force, Marine Corps, Coast Guard, National Guard or military reserve forces. However, employers do not commit an unlawful practice if the employer acted based on a bona fide occupational requirement reasonably necessary to the normal operation of the employer's business and the employer's actions could not be avoided by making a reasonable accommodation of the person's service in a uniformed service. The law is to be codified as part of Title 51, Chapter 659A, as enacted by Ch. 378 (H.B. 3256), L. 2009, Section 2, effective Jan.1, 2010. Para 38-20,026.03.

Fair Employment Practices Law

Oregon Governor Ted Kulongoski (D) signed into law a bill (S. 519) on June 30, 2009, that prohibits employers in the state from taking adverse employment actions against employees who decline to attend or participate in employer-sponsored meetings the primary purpose of which is to communicate the employer’s position on religious and political matters, including meetings on union organizing. The bill passed the House on June 19 by a vote of 34-24. The Senate narrowly passed the bill June 8 in a 16-14 vote. The law is scheduled to take effect on January 1, 2010 (OR ¶38-2500).

The state has also enacted a law prohibiting an employer from discriminating against a person because of the person's service in the Army, Navy, Air Force, Marine Corps, Coast Guard, National Guard or military reserve forces (H. 3256, L. 2009, at OR ¶38-2500).

Additionally, the state has adopted a law known as the Oregon Workplace Religious Freedom Act. The law requires an employer to provide reasonable accommodation of the religious practices of an employee unless providing the accommodation would impose an undue hardship. The law also requires an employer to permit an employee to use leave as an accommodation to religious practices, and prohibits an occupational requirement that restricts the ability of an employee to wear religious clothing, to take time off for a holy day or to participate in a religious observance or practice (S. 786, L. 2009, at OR ¶38-2500).

Health Insurance Benefit Coverage Law

Health benefit plans must provide payment, coverage or reimbursement for one hearing aid per hearing-impaired ear for a plan enrollee who is under 18 years of age, or an eligible plan dependent who is 18 or older and enrolled in an accredited educational institution. Hearing aids must be prescribed, fitted and dispensed by a licensed audiologist with the approval of a licensed physician. The maximum benefit amount required is $4,000 every 48 months, to be adjusted for inflation each January 1. Payment, coverage or reimbursement may be subject to plan provisions applicable to other durable medical equipment benefits, such as deductibles, coinsurance and prior authorization requirements (Ch. 553 (H. 2589), L. 2009, effective January 1, 2010, at OR ¶38-4000).

Health benefit plans must cover the human papillomavirus (HPV) vaccine for female beneficiaries who are at least 11 years of age, but no older than 26 years of age (Ch. 630 (H. 2794), L. 2009, effective January 1, 2010, at OR ¶38-4000).

Preemployment Inquiries Law

The state has amended its criminal records checks law as it relates to schools (S. 46, L. 2009) and to the State Parks and Recreation Department (H. 2217, L. 2009) (OR ¶38-9000).

Unemployment Insurance Law

The maximum weekly benefit amount in Oregon effective July 5, 2009, is $493, and the minimum is $115. Also, shared work benefits may not be paid to an eligible individual for more than 52 (formerly, 26) weeks under an approved plan or modification thereof (OR ¶38-1700).

Disability Law

The state's civil rights laws have been amended so as to incorporate definitions and other changes made by the federal ADA Amendments Act (Ch. 096 (S. 783) and Ch. 097 (H. 5949), L. 2009, at RI ¶41-2600).

Unemployment Insurance Law

The maximum weekly benefit amount in South Dakota effective July 5, 2009, is $309. The minimum amount remains $28 (SD ¶43-1700).

Workers' Compensation Law

The state has enacted a law that places a one and one-half times cap on permanent partial disability settlements to body as a whole injuries and schedule member injuries worth 200 weeks or more if the employee is not eligible or authorized to work in the United States. This bill is effective for injuries sustained on or after July 1, 2009 (Ch. 526 (S. 2162), L. 2009, enacted June 25, 2009, at TN ¶44-4300).

Additionally, the state has amended its workers' comp law with respect to access to employee medical information by employers and other parties (Ch. 486 (S. 1574), L. 2009, enacted June 23, 2009, effective July 1, 2009, at TN ¶44-4300).

Criminal Background Checks Law

An in-home service company or residential delivery company is entitled to obtain from the Department of Public Safety criminal history record information maintained by the department that relates to: (1) an officer of or person employed by the company whose job duties require entry into another person's residence; or (2) an applicant to whom an offer of employment is made for a position of employment with the company, the job duties of which require entry into another person's residence. Title 4, Subtitle B, Chapter 411, Subchapter F, Section 411.1181, as amended by S.B. 627, L. 2009, effective Sept. 1, 2009. Para 45-23,601.031.

The office of the attorney general is entitled to obtain from the Department of Public Safety, the Federal Bureau of investigation identification division, or another law enforcement agency criminal history record information maintained by the department or agency that relates to a person who is an applicant for a position of employment with the office of the attorney general or an applicant to serve as a consultant, intern, or volunteer for the office. This authorization includes persons who propose to enter into a contract with or who has a contract with the office of the attorney general to supply goods or services to the office of the attorney general and their employees or subcontractors. Title 4, Subtitle B, Chapter 411, Subchapter F, Section 411.1271, as enacted by S.B. 1081, L. 2009, effective June 19, 2009. Para 45-23,601.045.

Health Insurance Benefit Coverage Law

Health benefit plans delivered, issued for delivery or renewed on or after January 1, 2010, must provide coverage for prosthetic devices, orthotic devices and professional services related to their fitting and use that equals the coverage provided for the aged and disabled under federal Social Security law. Repair and replacement of the devices must be covered as well, unless necessitated by an enrollee's misuse or loss. Coverage may not be subject to annual dollar limits, but may be subject to annual deductibles, copayments, coinsurance and preauthorization requirements that are consistent with those imposed for other coverage under the plan. Managed care plans may require the devices and services to be rendered by designated providers. Also, if a plan provides in-network and out-of-network services, prosthetics and orthotics coverage provided through out-of-network services must be comparable to that provided through in-network services (H. 806, L. 2009, effective September 1, 2009, at TX ¶45-4000).

Preemployment Inquiries Law

The state has amended its Health and Safety Code to prohibit conduct between an employee of a facility that serves the elderly or persons with disabilities whose criminal history has not been verified, and a patient or resident of the facility (H. 2191, L. 2009, at TX ¶45-9000).

Minimum Wage Law

The state minimum wage increased to $7.25 per hour on July 24, 2009 (UT ¶46-1000).

Unemployment Insurance Law

The maximum weekly benefit amount in Vermont effective July 1, 2009, remains at $425 (VT ¶47-1700).

Health Insurance Benefit Coverage Law

Health benefit plans that provide coverage for organ and tissue transplants may not permit a separate lifetime limit on transplants of any less than $350,000. Benefits are subject to all other terms and conditions of the plan, including applicable coinsurance, deductibles and copayments. The new requirement applies to plans issued or renewed on or after January 1, 2010 (S. 5725, L. 2009, effective July 25, 2009, at WA ¶49-4000).

Unemployment Insurance Law

Effective July 5, 2009, the maximum weekly benefit amount in Washington is $560, and the minimum weekly benefit amount is $133 (WA ¶49-1700).

Health Insurance Benefit Coverage Law

Group accident and sickness policies, as well as HMOs, must cover general anesthesia for dental procedures and associated outpatient hospital or ambulatory facility charges for certain children and individuals with developmental disabilities for whom a successful result cannot be expected using local anesthesia. Prior authorization may be required in the same manner applicable to these benefits in connection with other covered medical care. Similarly, deductibles, coinsurance and other limitations may be imposed on dental anesthesia services as applied to other covered services (S. 326, L. 2009, effective July 1, 2009, at WV ¶50-4000).

West Virginia has revised its mental health parity requirements for plan years beginning on or after October 3, 2009. Under the amendment, insurers providing group health plans with more than 50 employees during the preceding calendar year may not apply cost containment measures to treatment for mental illness – such as limitations on inpatient and outpatient benefits - unless they can demonstrate that application of the state's mandate results in an increase of two percent of the actual total costs of coverage for the plan year involved (Act 129 (H. 3288), L. 2009, effective August 25, 2009, at WV ¶50-4000).