Legislative Updates – April 4, 2023
By: Birch

Unemployment Benefits

Effective January 1, 2024 the maximum benefits that may be received in a benefit
year is reduced from the lesser of:
• Sixteen times the employee’s weekly benefit amount
• One-third of the employee’s wages in the base period
To the lesser of:
• Twelve times the employee’s weekly benefit amount
• One-third of the employee’s wages in the base period
AR H.B. 1430

San Bernardino

On March 28, 2023, County Supervisor Dawn Rowe announced that the Mountain
Small Business Grants Snow Response Program for businesses impacted by
snowstorms that occurred earlier this year are available. Small businesses (50 or
less employees) are eligible for a $3K grant. Mid-size businesses (with 50-500
employees are eligible for a $15K grant. Information on the program can be found

City of Los Angeles

The City has released its Fair Work Week Poster for organizations with 300 or more
global employees that are subject to this legislation. The poster can be found here.

City of Stamford

On March 27, 2023, Mayor Caroline Simmons announced the launch of the City of
Stamford Small Business COVID-19 Relief Grant to provide limited, one-time direct
financial assistance up to $10,000 to eligible for-profit small businesses that have
been adversely impacted by the COVID-19 pandemic. The application for the Small
Business COVID-19 Relief Grant can be found on the City of Stamford website.

City of Waterfield

Waterford is accepting another round of applications for the Small Business Grants
Program. The Economic Development Commission will meet in May to select
awardees. The grants are a one-time funding opportunity to help the small
business community recover from the financial impacts of the COVID-19 Pandemic.
This program is funded through the Coronavirus State and Local Fiscal Recovery
Funds (SLFRF) program, which is part of the American Rescue Plan Act
(ARPA). Information on the program can be found here.


On March 22, 2023, the Department of Insurance released ID Bulletin No. 23-04
announcing that residents who were temporarily eligible for Medicaid during the
public health emergency and who enrolled in Medicare Part B more than six
months before their Medicaid eligibility ended may miss their opportunity to
purchase a Medicare supplement policy under the current rule. Similarly, residents
who delayed enrollment in Part B despite being eligible, while temporarily
remaining on Medicaid may have missed their opportunity to purchase a Medicare
supplement policy.

Unemployment Benefits

Effective July 1, 2023, employees who willingly quit their jobs due to domestic abuse
or military spouses who moved with their spouses due to permanent change of
station orders are not ineligible to receive unemployment compensation.
Employees must make reasonable steps to keep the employment relationship
intact if they leave voluntarily for one of these reasons. ID S.B. 1019

Consumer Protection

On March 28, 2023, Gov. Kim Reynolds signed IA S.F. 75 allowing consumers to
access personal data being processed, to delete personal data, and to opt out of
the sale of their personal data. The measure effects companies that work with 100k
or more residents.


Effective immediately, employers are no longer required to file an annual Verified
Summary of Payments (VSP) Report with the Iowa Department of Revenue (DOR)
listing all income tax withholding payments made during the course of the previous
calendar year. VSP reports were previously due on February 15.
Additionally, a willful failure by an employer or payer to submit information returns
(such as Forms W-2 and 1099) to the DOR will result in a $500 fine. IA DOR ARC

Unemployment Benefits

Effective July 1, 2023, the minimum duration of unemployment benefits employees
may receive is increased from 12 weeks to 16 weeks.
The duration of unemployment benefits continues to depend on the applicable
state average unemployment rate. KY H.B. 146

Medical Marijuana

On March 31, 2023, Gov. Andy Beshear signed KY S.B. 47 legalizing medical
cannabis in the commonwealth. The measure sets a framework for the medical
cannabis program’s regulation, including the licensing of dispensaries, growers,
doctors, processors, and products, as well as the issuance of identification cards to
patients and caregivers. The legislation specifies the standards for obtaining a
cannabis company license as well as the procedure for doctors to employ when
recommending the use of medical marijuana.


On March 31, 2023, Gov. Tim Walz signed MN Cap 22 S.F. 2265 providing resources
to help eligible Minnesotans keep their Medical Assistance and MinnesotaCare
health insurance. The legislation provides state funding for the transition to regular
Medicaid eligibility verification procedures, which were put on hold during the
federal COVID-19 public health emergency.

SBA Loan

On March 28, 2023, Gov. Tate Reeves announced that small businesses and private
nonprofit organizations affected by the tornadoes that occurred on March 24, 2023
in adjacent counties are eligible to apply for SBA Economic Injury Disaster Loans.
Applicants may apply online using the Electronic Loan Application (ELA)
at https://disasterloanassistance.sba.gov/ela/s/ and should apply under SBA
declaration # 17836.
Effected Counties: Attala, Chickasaw, Clay, Grenada, Holmes, Issaquena, Itawamba,
Lee, Leflore, Lowndes, Montgomery, Sunflower, Washington, Yazoo

Workers’ Compensation

On April 3, 2023, the Missouri Department of Labor released the 2022 Workers’
Compensation Injury Statistics.
• 6 of the 108 fatal injuries were automobile related, and 11 were related to
• 17 were in the Manufacturing industry, 15 in Construction, 14 in
Transportation & Warehousing and 11 in Public Administration.
• 88% of fatal injuries occurred in men, and the majority of fatalities occurred
in the 50-59 age group.
• The month with the most fatalities was October (16) followed by June (12).
• The Health Care and Social Assistance industry once again had the most total
injury incidents, followed by Manufacturing.
• The top cause of workers’ compensation injuries reported in Missouri last
year was “Lifting” followed by “Fall, Slip or Trip Injury on the Same Level” in
• The top nature of workers’ compensation injuries in Missouri last year was
strains or tears.
• Most injuries occurred to 20-29 year-olds and during the month of August.
• Injuries in the Finance and Insurance industry and Management of
Companies and Enterprises industry have been increasing over the past five
• The most lost time injuries in 2022 occurred in the Health Care and Social
Assistance industry and the top cause of lost time injuries was “Pandemic.”

New York
Prescription Plan-Medicaid

On April 1, 2023, Gov. Kathy Hochul announced the launch of NYRx, the state’s new
pharmacy benefit program, designed to improve prescription drug access and
coverage for the eight million New Yorkers enrolled in Medicaid statewide.
Medicaid recipients will be able to access more prescription medications with fewer
restrictions, reduce confusion over the brand-name and generic drugs covered by
the program.

North Carolina

On March 27, 2023, Gov. Roy Cooer signed NC H.B. 76 expanding Medicaid to
provide health coverage to over 600,000 individuals.


On March 27, 2023, Gov. Kevin Stitt announced that Oklahoma women now have
access to expanded pregnancy and postpartum SoonerCare coverage after the
Center for Medicare and Medicaid Services (CMS) approved Oklahoma’s state
plan amendment. With this approval, Oklahoma’s income threshold for full –
scope pregnancy-related benefits will increase from 138% to 205% of the
federal poverty level (FPL) and will provide new mothers with 12 months of
continuous postpartum coverage instead of the previous 60 days of coverage.


On March 28, 2023, Insurance Commissioner Glen Mulready released a
statement regarding CVS/Caremark’s 90-day prescription decision. The statement
can be found here.


Effective April 1, 2023 and throughout the remainder of 2023, the disenrollment of
certain individuals that have been continuously enrolled in SoonerCare (Oklahoma
Medicaid program) and no longer meeting eligibility requirements, will take place
by the Oklahoma Health Care Authority (OHCA). The re-determination process,
required by the Consolidated Appropriations Act of 2023, will include individuals
that became eligible for Medicare coverage during the continuous enrollment
period and did not enroll in Medicare coverage or were automatically enrolled in
Medicare by the Social Security Administration.
A Special Enrollment Period (SEP) permitting qualified individuals to apply and
enroll in a Medicare Supplement policy without underwriting considerations by the
issuer will be permitted under Oklahoma Administrative Code 365:10-5-129.2
Regulated entities can direct inquiries regarding this bulletin to Nicole Nash
at nicole.nash@oid.ok.gov.
OK Bulletin 2-2023

Paid Family and Medical Leave

Oregon has finalized its temporary rule altering the definition of company size
under its paid family and medical leave law, which took effect on March 16, 2023.
Employers must compute their size based on the average number of employees
over a 12-month period in order to determine if they are small employers. The rule
outlines which employees need to be counted as well as how frequently the
computation needs to be done. For new employers in their first fiscal year of
operation, it also contains calculating instructions. OAR 471-070-3150

South Dakota
Prescription Transparency

On March 23, 2023, Gov. Kristi Noem signed SD H.B. 1135 providing prescription
transparency by permitting a third-party payor to request that a pharmacy benefit
manager disclose to the amount of all rebate revenues and the nature, type, and
amounts of all other revenues that the pharmacy benefit manager receives from
each pharmaceutical manufacturer with which the pharmacy benefit manager has
a contract.

Health Professional Licensing

On March 28, 2023, Gov. Glenn Youngkin signed VA H.B.1573 directing each health
regulatory board within the Department of Health Professions to amend its
licensure, certification, and registration applications to remove any existing
questions pertaining to mental health conditions and impairment and to include
the following questions: Do you have any reason to believe that you would pose a
risk to the safety or well-being of your patients or clients? and are you able to
perform the essential functions of a practitioner in your area of practice with or
without reasonable accommodation?

Health Insurance

On March 28, 2023, Gov. Glenn Youngkin signed VA H.B. 2216 requiring health
insurance companies to provide coverage for mobile crisis response services.

Pregnancy Expenses

On March 28, 2023, Gov. Glenn Youngkin signed VA H.B. 2290 permitting mothers
to petition a court to order noncustodial fathers to share the cost of pregnancy and
delivery expenses.

Retail Theft

On March 28, 2023, Gov. Glenn Youngkin signed VA S.B. 1396 establishing the crime
of organized retail theft that makes it a Class 3 felony for any person who conspires
or acts in concert with another person to commit simple larceny of retail property
from one or more retail mercantile establishments.


On March 28, 2023, Gov. Glenn Youngkin signed VA H.B. 2180 establishing criteria
for an individual licensed, certified, or having work experience in another state to
apply to a regulatory board within the Department of Professional and
Occupational Regulation and be issued an occupational license or government
certification if certain conditions are met.

Workforce Grants

On March 28, 2023, Gov. Glenn Youngkin signed VA S.B. 1422 increasing from
$3,000 to $4,000 the maximum amount for which the State Council of Higher
Education for Virginia will reimburse an eligible institution of higher education per
completed noncredit workforce training program per eligible student pursuant to
the New Economy Workforce Credential Grant Program. Current law provides that
the Council shall reimburse an eligible institution an amount equal to one-third of
the cost of the noncredit workforce training program, not to exceed $3,000, per
eligible student upon such eligible student’s completion of the program.


On March 28, 2023, Gov. Glenn Youngkin signed VA H.B. 2222 permitting successful
graduates of accredited surgical assistant training programs to practice under
certain conditions prior to being licensed.

Online Information

On March 28, 2023, Gov. Glenn Youngkin signed VA S.B. 1515 creating a civil cause
of action for any commercial entity that knowingly or intentionally publishes or
distributes on the Internet material harmful to minors and that does not take
reasonable steps to verify that the age of a person attempting to access such
material harmful to minors is 18 years of age or older.

City of Seattle

On March 28, 2023, the City Council approved a measure that provides paid sick
and safe time for “app based” independent contractors. The workers will receive
one day of sick leave for every 30 days worked when working for a company with
over 250 workers.

Health Insurance

On March 28, 2023, Insurance Commissioner Jeff Rude issued WY H.B. 140-HEA 68
requiring insurance plans that offer mental health and substance abuse disorder
benefits to provide reimbursement for benefits that are delivered through the
psychiatric Collaborative Care Model as defined by the American Medical
Association. The reimbursement would not apply to any policy, contract or services
that would require the State of Wyoming to defray the costs.

Life/Long Term Care Insurance

On March 28, 2023, Insurance Commissioner Jeff Rude issued WY H.B. 165-HEA 43
prohibiting an individual or group life insurance policy or long-term care policy
from denying, reducing, limiting or canceling coverage to a person based on the
person’s status as a living organ donor. It also amends the definition of “covered
person” and provides a definition of “living organ donor”.

Insurance Rebating

On March 28, 2023, Insurance Commissioner Jeff Rude issued WY S.F. 6-CSEA 17
amended the insurance code to allow insurers or producers to offer non-cash gifts,
items, or services with the connection of marketing, sale, purchase, or retention of
policies. Yearly cap on these gifts, items, or services is $100 or 5% of the written or
quoted premium, not to exceed $1,000. Raffles may be conducted in accordance
with Wyoming state gaming laws. Value of raffled items may not exceed $100 per
raffle. Inducement prohibitions will still apply for all offerings. Also allows insurers
to offer products or services to mitigate loss and/or reduce claim costs. Insurers
must have evidence that the product or service will do what is intended. If evidence
is not yet available, a pilot program may be filed with the Department.

Off-Road Insurance

On March 28, 2023, Insurance Commissioner Jeff Rude issued WY S.F. 17-SEA 13
creating new equipment and liability insurance requirement for certain off-road
recreational vehicles, by requiring certain equipment and liability insurance with
limits no less than twenty-five thousand dollars ($25,000.00). It also created an
exception for off-road recreational vehicles used for agricultural operations.

Pharmacy Benefit Management

March 28, 2023, Insurance Commissioner Jeff Rude issued WY S.F. 17-SEA 13
prohibiting pharmacy benefit managers (PBM) to retroactively deny or reduce
reimbursement for a covered pharmacy claim. The act also requires the PBMs to
provide up to date and reliable contact information to pharmacies for the purpose
of appeals and to file claims in electronic batch formats. Pharmacies are also
authorized to deny services if they will be paid less than the pharmacy acquisition
cost for providing those services.

The information contained in this article is intended for educational purposes and to provide a general understanding of regulatory events, legislative changes and the law – not to provide specific legal advice. Employers are advised to discuss and/or receive counsel from their licensed legal or accounting professional, prior to implementing any new policy or policy change.