PLEASE NOTE: Legislative Information cannot perform research, provide legal advice, or interpret Maine law. For legal assistance, please contact a qualified attorney.
An Act To Compensate Corrections and Mental Health Workers for Injuries and Illness Suffered While Working
Be it enacted by the People of the State of Maine as follows:
Sec. 1.  39-A MRSA §204-A  is enacted to read:
§ 204-A. Compensation payable from date of incapacity
 
1.  Definitions.     As used in this section, unless the context otherwise indicates, the following terms have the following meanings.
 
A.  "Correctional facility" has the same definition as in Title 34-A, section 1001, subsection 6.
 
B.  "Corrections officer" means an employee of the State or county whose place of employment is a correctional facility or a county detention facility.
 
C.  "Infectious disease" means a disease resulting from the presence and activity of a pathogenic microbial agent, including but not limited to bacteria, viruses, fungi and parasites.
 
D.  "State mental health institute" has the same meaning as described in Title 22-A, section 208.
 
2.  Compensation payable from date of incapacity.     Notwithstanding section 204, compensation for incapacity to work is payable from the date of incapacity when incapacity results in the course of employment from an assault by a person under the employee's care or from an infectious disease transmitted to the employee by a person under the employee's care, and that employee is:
 
A.  A corrections officer;
 
B.  An employee of a state mental health institute; or
 
C.  An employee of the Department of Health and Human Services who provides direct care to individuals through:
 
(1) Mental health and behavioral health services; or
 
(2) Developmental disability services.
 
SUMMARY
Under current law, compensation for incapacity to work is not payable for the first 7 days of incapacity, except that firefighters receive compensation from the date of incapacity. This bill provides that, when incapacity results in the course of employment from an assault by a person under the employee's care or from an infectious disease transmitted to the employee by a person under the employee's care, compensation is payable from the date of incapacity for corrections officers, employees of state mental health institutes and employees of the Department of Health and Human Services who provide direct care to individuals through mental health and behavioral health services or developmental disability services.