Reporting Positive COVID-19 Tests: Update
Governor Newsom signed a new bill (SB 1159) requiring California employers of five or more employees to report to their claims administrator via fax or email as soon as they are aware an employee tested positive for COVID-19. The bill went into effect September 17, 2020. Failure to comply with this new obligation could incur substantial financial penalty by the State.
What does this mean?
• Employers must report to their claims administrator via email or fax when they are aware that an employee tested positive for COVID-19.
• Positive test results must be by a Polymerase Chain Reaction (PCR) test or other viral testing approved by the Federal Drug Administration (FDA).
When should I report this data?
If you have five (5) or more total employees, fax, email or call your broker or insurance carrier:
• Within three (3) business days of knowledge (or when it should reasonably have been known) that there was a positive test on or after September 17, 2020.
• If you know of positive test results that occurred between July 6, 2020, and prior to September 17, 2020, you must report each positive test occurrence by October 29, 2020.
If you have less than five (5) total employees, you are not required to report any additional data outside the claim reporting process.
What type of COVID-19 test do I need to report?
• Report positive COVID-19 results taken from a PCR test (or other viral testing approved by the FDA).
• Do not report positive antibody tests.
Are there penalties for not reporting this data?
Employers –may be subject to civil penalty of up to $10,000 as well as a potential citation for failure to report the required data to claims administrator or for submitting false information.
What if I know it was not work related (i.e. employee just got back from vacation, his/her family
got it first, etc.)
You are required to report all positive cases, regardless of if you believe your employee did not get it at work.
What if the employee refuses to give me their test results?
You do not have to report employees who do not provide you with their written test results. However, if you are able to verify an employee has a positive PCR test (i.e. they show you their positive PCR results but do not provide you a copy) you must report it.
Will these claims affect my experience modification (x-mod)?
No, COVID -19 claims are excluded from experience modification calculations.
Questions?
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