Longshore and Harbor Workers’ COVID–19 Compensation Act of 2022

To provide benefits authorized under the Longshore and Harbor Workers’ Compensation Act to maritime workers who contract COVID–19, and for other purposes. 1. Short title This Act may be cited as the Longshore and Harbor Workers’ COVID–19 Compensation Act of 2022 2. Claims related to COVID– 19 (a) In general A covered employee who receives a diagnosis of COVID–19 or is subject to an order described in subsection (b)(2) and who provides notice of or files a claim under the Longshore and Harbor Workers’ Compensation Act ( 33 U.S.C. 901 et seq. (b) Covered employee In this Act, the term covered employee 33 U.S.C. 902(3) (1) (A) is diagnosed with COVID–19; and (B) during a covered exposure period with respect to the date of such diagnosis carried out duties which— (i) required contact with members of the public, co-workers, or other individuals associated with the course of employment; or (ii) included a risk of exposure to the novel coronavirus; or (2) is ordered not to return to work by the employee’s employer or by a local, State, or Federal agency because of exposure, or the risk of exposure, to 1 or more individuals diagnosed with COVID–19 in the workplace. (c) Clarification of maritime employment For the purposes of subsection (b), maritime employment does not include employment under— (1) the Defense Base Act ( 42 U.S.C. 1651 et seq. (2) the Outer Continental Shelf Lands Act ( 43 U.S.C. 1333(b) (3) section 8171 of title 5, United States Code. (d) Limitation This Act shall not apply with respect to a covered employee who— (1) provides notice or files a claim described in subsection (a) on or before the date of enactment of this Act; and (2) is determined to be entitled to the compensation described in subsection (a) or is awarded such compensation if such determination or award is made on or before the date of enactment of this Act. (e) Denials on or before the date of enactment Subsection (a) shall apply with respect to a covered employee who is determined not to be entitled to, or who is not awarded, compensation described in subsection (a) if such determination or decision not to award such compensation is made on or before the date of enactment of this Act. (f) Exclusion The Secretary shall not consider any compensation paid with respect to a notice or claim to which subsection (a) applies, including disability compensation, death benefits, funeral and burial expenses, and medical expenses, in calculating the annual assessments under section 44(c)(2) of the Longshore and Harbor Workers’ Compensation Act ( 33 U.S.C. 944(c)(2) 3. Reimbursement (a) In general (1) Entitlement An employer of a covered employee or the employer’s carrier shall be entitled to reimbursement pursuant to this Act for any compensation paid with respect to a notice or claim described in section 2(a), including disability compensation, death benefits, funeral and burial expenses, medical or other related costs for treatment and care, and reasonable and necessary allocated claims expenses. (2) Safety and health requirements To be entitled to reimbursement under paragraph (1)— (A) an employer shall be in compliance with all applicable safety and health guidelines and standards that are related to the prevention of occupational exposure to the novel coronavirus, including such guidelines and standards issued by the Occupational Safety and Health Administration, State plans approved under section 18 of the Occupational Safety and Health Act of 1970 ( 29 U.S.C. 667 (B) a carrier— (i) shall be a carrier for an employer that is in compliance with subparagraph (A); and (ii) shall not adjust the experience rating or the annual premium of the employer based upon the compensation paid by the carrier with respect to a notice or claim described in section 2(a). (b) Reimbursement procedures (1) In general To receive reimbursement under subsection (a), a claim for such reimbursement shall be submitted to the Secretary of Labor— (A) not earlier than the date on which a compensation order (as described in section 19(e) of the Longshore and Harbor Workers’ Compensation Act ( 33 U.S.C. 919(e) (B) not later than one year after the final payment of compensation to a covered employee pursuant to this Act; and (C) in accordance with a rule issued by the Secretary that the Secretary determines to be similar to the process established under part 61 of title 20, Code of Federal Regulations (as in effect on the date of enactment of this Act). (2) Records An employer and the employer’s carrier shall make, keep, and preserve such records and provide such information as the Secretary of Labor determines necessary or appropriate to carry out this Act. (3) Final agency action The action of the Secretary in allowing or denying reimbursement under this section shall be the final Agency action with respect to such reimbursement. (c) Appropriations (1) In general A reimbursement under this section shall be paid out of the Longshore COVID–19 Fund. (2) Funds In addition to amounts otherwise available, there are authorized to be appropriated, and there are appropriated, out of any money in the Treasury not otherwise appropriated, such sums as may be necessary to the Longshore COVID–19 Fund for each reimbursement paid out of such Fund under this section. (d) Report Not later than 60 days after the end of each of fiscal years 2022, 2023, and 2024, the Secretary of Labor shall submit to the Committee on Education and Labor of the House of Representatives and the Committee on Health, Education, Labor, and Pensions of the Senate, an annual report enumerating— (1) the number of claims filed pursuant to section 2(a); (2) of such filed claims— (A) the number and types of claims under the Longshore and Harbor Workers Compensation Act ( 33 U.S.C. 901 et seq. (B) the number and types of such claims denied; and (C) the number and types of such claims pending; and (3) the total number of claims for reimbursement and the total amounts paid for such reimbursement from the Longshore COVID–19 Fund under subsection (c)(1) for the fiscal year for which the report is being submitted. (e) Regulations The Secretary of Labor may promulgate such regulations as may be necessary to carry out this Act. (f) Definitions In this Act: (1) Covered exposure period The term covered exposure period (A) ending on the date of such diagnosis; and (B) equal to the maximum number of days that the Secretary of Labor, with the concurrence of the Director of the National Institute of Occupational Safety and Health, determines could occur between an exposure to the novel coronavirus and a diagnosis of COVID–19 resulting from such exposure. (2) LHWCA terms The terms carrier compensation employee employer 33 U.S.C. 902 (3) Longshore COVID-19 Fund The term Longshore COVID-19 Fund (4) Novel coronavirus The term novel coronavirus 4. Longshore COVID– 19 The Longshore and Harbor Workers’ Compensation Act ( 33 U.S.C. 901 et seq. 45. Longshore COVID– 19 (a) In general There is established in the Treasury of the United States the Longshore COVID–19 Fund (in this section, referred to as the ‘Fund’), which consists of sums that are appropriated to the Fund under section 3(c) of the Longshore and Harbor Workers’ COVID–19 Compensation Act of 2022 (b) Expenditures Amounts in the Fund shall be available for the reimbursement of an employer or the employer’s carrier for compensation payments and expenses approved under section 3 of the Longshore and Harbor Workers’ COVID–19 Compensation Act of 2022 Longshore and Harbor Workers’ COVID–19 Compensation Act of 2022 . September 29, 2022 Reported with an amendment, committed to the Committee of the Whole House on the State of the Union, and ordered to be printed

Summary: Longshore and Harbor Workers' COVID-19 Compensation Act of 2022 This bill establishes a conclusive presumption that certain workers diagnosed with COVID-19 are entitled to workers' compensation benefits under the Longshore and Harbor Workers' Compensation Act (LHWCA). It also provides funding to reimburse employers for costs associated with LHWCA benefits related to COVID-19. The LHWCA provides for medical, disability, and survivor benefits for specified private-sector maritime workers. The presumption applies to workers who were diagnosed with COVID-19 between January 27, 2020, and January 27, 2024, and who, during the incubation period, faced a risk of COVID-19 exposure while carrying out job duties. In addition, the bill establishes and provides funding for the Longshore COVID-19 Fund to reimburse employers for costs related to such COVID-19 claims. To be reimbursed, employers must comply with applicable safety and health guidance to prevent occupational exposure to COVID-19.