Black Lung Benefits Improvement Act of 2022

Bill: 117-hr-6102
Sponsor: Rep. Cartwright, Matt [D-PA-8]
Introduced: 2021-12-01 in the House
Policy area: Labor and Employment
Subjects: Administrative law and regulatory procedures
Administrative remedies
Cardiovascular and respiratory health
Coal
Congressional oversight
Department of Labor
Disability assistance
Evidence and witnesses
Executive agency funding and structure
Government information and archives
Government studies and investigations
Government trust funds
Health care costs and insurance
Health information and medical records
Health personnel
Legal fees and court costs
Medical education
Medical ethics
Medical tests and diagnostic methods
Mining
Social security and elderly assistance
Tax administration and collection, taxpayers
Wages and earnings
Worker safety and health

Summary:
action_date: 2021-12-01
text: 

Black Lung Benefits Improvement Act of 2021

 
This bill revises requirements for miners' claims for pneumoconiosis (black lung disease) benefits.
 
Specifically, the bill requires the Department of Labor to
 
 
pay the attorneys' fees of specified parties on a qualifying benefit claim,
 
 give a claimant the opportunity to substantiate a claim for benefits through a pulmonary evaluation,
 
authorize a CT (computerized tomography) scan in diagnosing complicated pneumoconiosis,
 
educate certain individuals who work on black lung benefits about medical evidence relevant to claims,
 
establish criteria that a mining operator must meet to self-insure against claims, and
 
develop a strategy to reduce delays in adjudication of black lung disease benefits claims. 

 
The bill also requires the Government Accountability Office to report on barriers to health care faced by coal miners with black lung disease.
 
The bill authorizes (1) black lung disease clinics to use federal funds to help individuals file claims, and (2) certain previously denied claimants to file a new claim for black lung disease benefits within one year.
 
The bill prohibits a person from (1) knowingly and willfully making a false statement or misrepresentation in increasing or reducing black lung disease benefits, or (2) threatening or misleading a participant in a proceeding regarding such benefits.
 
Further, the bill revises (1) the standards of medical evidence that establish a presumption that a miner is totally disabled by black lung disease, and (2) payments to such miners.
 
Lastly, the bill provides statutory authority for the Office of Workers' Compensation Programs.

action_date: 2022-12-02
text: 

Black Lung Benefits Improvement Act of 2022

 
This bill revises requirements for miners' claims for pneumoconiosis (black lung disease) benefits.
 
Specifically, the bill requires the Department of Labor to
 
 
pay the attorneys' fees of specified parties on a qualifying benefit claim,
 
 give a claimant the opportunity to substantiate a claim for benefits through a pulmonary evaluation,
 
authorize a CT (computerized tomography) scan in diagnosing complicated pneumoconiosis, and
 
develop a strategy to reduce delays in adjudication of black lung disease benefits claims. 

 
The bill also establishes criteria that a mining operator must meet to self-insure against claims and increases from $1,000 to $25,000 the daily penalty amount that may be assessed against a mining operator that fails to make black lung benefits payments.
 
The bill authorizes (1) black lung disease clinics to use federal funds to help individuals file claims, and (2) certain previously denied claimants to file a new claim for black lung disease benefits within one year.
 
The bill prohibits a person from (1) knowingly and willfully making a false statement or misrepresentation in increasing or reducing black lung disease benefits, or (2) threatening or misleading a participant in a proceeding regarding such benefits.
 
Further, the bill revises (1) the standards of medical evidence that establish a presumption that a miner is totally disabled by black lung disease, and (2) payments to such miners.
 
Lastly, the bill provides statutory authority for the Office of Workers' Compensation Programs.


Legislative actions:
action_date: 2022-12-23
text: Placed on the Union Calendar, Calendar No. 483.
action_date: 2022-12-23
text: Committee on Ways and Means discharged.
action_date: 2022-12-23
text: Committee on Ways and Means discharged.
action_date: 2022-12-15
text: House Committee on Ways and Means Granted an extension for further consideration ending not later than Dec. 23, 2022.
action_date: 2022-12-02
text: House Committee on Ways and Means Granted an extension for further consideration ending not later than Dec. 15, 2022.
action_date: 2022-12-02
text: Reported (Amended) by the Committee on Education and Labor. H. Rept. 117-589.
action_date: 2022-12-02
text: Reported (Amended) by the Committee on Education and Labor. H. Rept. 117-589.
action_date: 2022-03-16
text: Ordered to be Reported in the Nature of a Substitute by the Yeas and Nays: 28 - 22.
action_date: 2022-03-16
text: Committee Consideration and Mark-up Session Held.
action_date: 2021-12-01
text: Referred to the Committee on Education and Labor, and in addition to the Committee on Ways and Means, for a period to be subsequently determined by the Speaker, in each case for consideration of such provisions as fall within the jurisdiction of the committee concerned.
action_date: 2021-12-01
text: Referred to the Committee on Education and Labor, and in addition to the Committee on Ways and Means, for a period to be subsequently determined by the Speaker, in each case for consideration of such provisions as fall within the jurisdiction of the committee concerned.
action_date: 2021-12-01
text: Introduced in House
action_date: 2021-12-01
text: Introduced in House