Black Lung Benefits Improvement Act of 2015

Bill: 114-s-2096
Sponsor: Sen. Casey, Robert P., Jr. [D-PA]
Introduced: 2015-09-29 in the Senate
Policy area: Labor and Employment
Subjects: Administrative law and regulatory procedures
Administrative remedies
Cardiovascular and respiratory health
Centers for Disease Control and Prevention (CDC)
Coal
Congressional oversight
Department of Labor
Disability assistance
Evidence and witnesses
Executive agency funding and structure
Fraud offenses and financial crimes
Government information and archives
Government studies and investigations
Health information and medical records
Health personnel
Legal fees and court costs
Medical ethics
Medical tests and diagnostic methods
Mining
Social security and elderly assistance
Tax administration and collection, taxpayers
User charges and fees
Wages and earnings
Worker safety and health

Summary:
action_date: 2015-09-29
text: 

Black Lung Benefits Improvement Act of 2015

 
This bill amends the Black Lung Benefits Act to revise requirements for miners' claims for pneumoconiosis (black lung) benefits.
 
A mine operator must give a copy of the examining physician's report to miners required to have a medical examination of their respiratory condition. 
 
The Department of Labor must pay the attorneys' fees of prevailing parties on a qualifying black lung benefit claim. 
 
This bill revises: (1) the standards of medical evidence that establish a presumption that a miner is totally disabled by black lung, and (2) payments to miners (including their dependents) totally disabled by black lung.
 
Black lung clinics may use federal funds to help individuals file black lung benefit claims.
 
A person may not: (1) make a false statement or misrepresentation in increasing or reducing black lung benefits, or (2) threaten or mislead a participant in a proceeding regarding black lung benefits.
 
Labor, upon request, must give a claimant the opportunity to substantiate a claim for benefits through a pulmonary evaluation of the miner.
 
The National Institute for Occupational Safety and Health (NIOSH) must establish a pilot program to assure accurate classifications of chest radiographs in black lung cases where the diagnosis is at issue.
 
Labor, in coordination with NIOSH, must educate certain individuals who work on black lung benefits about medical evidence relevant to claims.
 
A previously denied claimant may file a claim for black lung benefits within one year after enactment of this Act.
 
Labor must report to Congress a strategy to reduce the backlog of black lung cases pending before the Office of Administrative Law Judges.
 
The Government Accountability Office must report on any barriers to health care faced by coal miners with black lung.
 
The bill amends the Federal Mine Safety and Health Act of 1977 to direct Labor to use data from continuous personal dust monitors to determine whether to make changes to respirable dust concentration standards, controls, and measurements.
 
Establishment of the Office of Workers' Compensation Programs is codified.
 


Legislative actions:
action_date: 2015-09-29
text: Read twice and referred to the Committee on Health, Education, Labor, and Pensions.
action_date: 2015-09-29
text: Introduced in Senate