Sept 27, 2022
Click here to read ARAWC Gov. Relations Advisor AJ Donelson’s related update from last month.
Read ARAWC Gov. Relations Advisor AJ Donelson’s analysis below:
In addition to protecting and promoting injury benefit plans in Texas, ARAWC is the voice of employers and service providers when it comes to Congressional legislation affecting Texas injury benefit plans.
As reported in previous Member Updates, ARAWC remains focused on both The Forced Arbitration Injustice Act (FAIR Act), which would end the use of mandatory arbitration agreements in employment and other matters, and The Employee and Retiree Access to Justice Act, which would make discretionary clauses in employer sponsored benefit plans unenforceable.
The Employee and Retiree Access to Justice Act has both a House and Senate version, H.R. 7740 and S. 4219, respectively. The House bill is now part of H.R.7780, the Mental Health Matters Act, which will be considered on the House floor the week of September 26. The legislation will have a significant harmful effect on benefit plans, including Texas injury benefit plans.
ARAWC sent out a legislative alert to its members asking them to contact their Congressional representatives to oppose the legislation. We expect most of the Texas Congressional delegation will indeed oppose the bill. We will continue to monitor the legislation as it moves to the Senate.
The House of Representatives passed the FAIR Act on March 17 by a vote of 222-209. The Senate’s companion bill, S. 505, was referred to the Senate Judiciary Committee, with no further action.
Because workers’ compensation is primarily a state issue, there is little awareness in Washington, DC of how Congressional proposals affect workers’ compensation, generally, or Texas injury benefit plans, specifically. This is where ARAWC’s presence at the federal level protects and promotes Texas injury benefit plans, which could be impacted by Congressional legislation.
ARAWC works at the federal level to make both legislators and business groups aware of how legislation will affect employers with injury benefit plans. In the case of both The Forced Arbitration Injustice Act and The Employee and Retiree Access to Justice Act, ARAWC is working with the U.S. Chamber of Commerce and other business groups to oppose these bills.
ARAWC will continue to work with employer groups to oppose Congressional legislation which adversely impacts Texas injury benefit plans.