| Vote Recommendation | Economic Freedom | Property Rights | Personal Responsibility | Limited Government | Individual Liberty |
|---|---|---|---|---|---|
| Neutral | Neutral | Neutral | Neutral | Neutral | Neutral |
Relating to the eligibility of nurses for workers' compensation benefits for coronavirus disease (COVID-19) and payment of those benefits.
Estimated Twoyear Net Impact to General Revenue Related Funds for HB396, Committee Report 1st House, Substituted : an impact of $0 through the biennium ending August 31, 2023.
The bill would make no appropriation but could provide the legal basis for an appropriation of funds to implement the provisions of the bill.
HB 396 would create the rebuttable presumption that when a nurse contracts Covid-19 which results in their death or total or partial disability, they contracted the disease during the course and scope of their employment under certain circumstances
The bill does allow for a rebuttal process through a showing by a preponderance of the evidence that a risk factor, accident, hazard, or other cause not associated with the individual’s employment as a nurse was a substantial factor in bringing about the individual’s disease or illness.
While we prefer that medical evidence, rather than presumption, guide the determination as to how a person contracted Covid-19, the circumstances which trigger that presumption under this bill are sufficiently narrow as to establish the likelihood that the presumption is accurate. Texas Action is neutral on HB 396.