§ 28-33-44. Continuation of health insurance benefits.
(a) No employer shall cancel but shall be obligated to continue to provide any employee’s health insurance benefits for a period of two (2) years from the date of the employee’s receiving weekly compensation benefits pursuant to a preliminary determination or a decision of the workers’ compensation court, or the filing at the department of a memorandum of agreement or notice of direct payment for injuries occurring on or before February 28, 1986. The provisions of this section shall not apply if:
(1) The employee is no longer receiving compensation pursuant to a preliminary determination or a decision of the workers’ compensation court;
(2) The employee has accepted suitable alternative employment;
(3) The employee fails to pay any contribution toward the healthcare benefits that he or she was required to pay prior to the injury;
(4) A petition for a commutation or a structured settlement, as defined in § 28-33-25, is granted;
(5) The employee is a beneficiary of an equivalent health insurance policy of his or her spouse; or
(6) The employee is employed in the construction industry and is a participant in a multi-employer welfare plan as defined in the Employee Retirement Income Security Act of 1974, 29 U.S.C. § 1002 et seq., and which the Internal Revenue Service has determined under the Internal Revenue Code, 26 U.S.C. § 101 et seq., is tax exempt as to contributions received and as to benefits received by its participants.
(b) In the event any employer fails to comply with the provisions of this section, and not its workers’ compensation insurance carrier, then the employer shall be liable for hospital and medical costs that would have been paid by the hospital or medical insurance plan afforded the employee had he or she been covered by the plan.
(c) The provisions of this section shall only apply to claims for injuries sustained on or after July 1, 1984.
History of Section.P.L. 1984, ch. 142, art. 5, § 6; P.L. 1984 (s.s.), ch. 450, § 3; P.L. 1985, ch. 425, § 1; P.L. 1986, ch. 507, § 7; P.L. 1987, ch. 242, § 1; P.L. 1988, ch. 79, § 1; P.L. 1991, ch. 206, § 4; P.L. 1992, ch. 31, § 5; P.L. 2019, ch. 218, § 1; P.L. 2019, ch. 248, § 1.
Structure Rhode Island General Laws
Title 28 - Labor and Labor Relations
Chapter 28-33 - Workers’ Compensation — Benefits
Section 28-33-1. - Employees entitled to compensation.
Section 28-33-1.1. - [Repealed.]
Section 28-33-2. - Injuries occasioned by willful intent or intoxication.
Section 28-33-2.1. - Injuries occasioned by employer-sponsored social or athletic activities.
Section 28-33-3. - [Repealed.]
Section 28-33-4. - Commencement of compensation.
Section 28-33-5. - Medical services provided by employer.
Section 28-33-6. - Failure to provide or accept medical services.
Section 28-33-7. - Health service provider reimbursement.
Section 28-33-8.1. - Managed care programs.
Section 28-33-9. - Order declaring employer liable for medical services.
Section 28-33-10. - “Dental, hospital, and medical services” defined.
Section 28-33-11. - Notice of hearings — Time of decision.
Section 28-33-12. - Death benefits payable to dependents.
Section 28-33-13. - Persons presumed wholly dependent.
Section 28-33-14. - Determination of dependency — Division of payments among dependents.
Section 28-33-15. - Relationship and dependency required.
Section 28-33-16. - Burial expenses.
Section 28-33-17.1. - Employees not entitled to compensation.
Section 28-33-17.3. - Fraud and abuse.
Section 28-33-18. - Weekly compensation for partial incapacity.
Section 28-33-18.1. - Employees not entitled to compensation for total incapacity.
Section 28-33-18.2. - Suitable alternative employment.
Section 28-33-18.3. - Continuation of benefits — Partial incapacity.
Section 28-33-19. - Additional compensation for specific injuries.
Section 28-33-20. - Computation of earnings.
Section 28-33-21. - Savings or other insurance not to be considered.
Section 28-33-22. - Minors employed in violation of law.
Section 28-33-23. - Persons to whom compensation payable in event of death.
Section 28-33-24. - Cessation of payments on death of employee.
Section 28-33-25. - Settlement for lump sum or structured-type payment.
Section 28-33-25.1. - Settlement of disputed cases.
Section 28-33-26. - Waivers of compensation void.
Section 28-33-27. - Immunity of claims from assignment or liability for debt.
Section 28-33-28. - Priority of claim over debts of employer.
Section 28-33-29. - Exercise of rights or privileges by guardian, conservator, or next friend.
Section 28-33-30. - Time for notice of injury to employer.
Section 28-33-31. - Contents of notice to employer.
Section 28-33-32. - Manner of serving notice.
Section 28-33-33. - Inaccuracies in notice — Want of notice as defense.
Section 28-33-34. - Physical examination by employer’s physician — Report.
Section 28-33-34.1. - Schedule of medical review.
Section 28-33-35. - Appointment of impartial medical examiner.
Section 28-33-36. - Payment of medical examiner’s fees.
Section 28-33-37. - Examination by impartial examiner — Reports.
Section 28-33-38. - Refusal to submit to examination.
Section 28-33-39. - Transportation costs for medical examination.
Section 28-33-40. - [Repealed.]
Section 28-33-41. - Rehabilitation of injured persons.
Section 28-33-41.1. - Review of rehabilitative program upon request or petition by employer.
Section 28-33-42. - [Repealed.]
Section 28-33-43. - Employer liability for property damage.
Section 28-33-44. - Continuation of health insurance benefits.
Section 28-33-45. - Coordination of benefits — Retirement benefits.