Sec. 3. Reimbursement
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An employer of a covered employee or the employer’s carrier shall be entitled to reimbursement pursuant to this Act for any compensation paid with respect to a notice or claim described in section 2(a), including disability compensation, death benefits, funeral and burial expenses, medical or other related costs for treatment and care, and reasonable and necessary allocated claims expenses. To be entitled to reimbursement under paragraph (1)— an employer shall be in compliance with all applicable safety and health guidelines and standards that are related to the prevention of occupational exposure to the novel coronavirus, including such guidelines and standards issued by the Occupational Safety and Health Administration, State plans approved under section 18 of the Occupational Safety and Health Act of 1970 ( 29 U.S.C. 667 ), the Centers for Disease Control and Prevention, and the National Institute for Occupational Safety and Health; and a carrier— shall be a carrier for an employer that is in compliance with subparagraph (A); and shall not adjust the experience rating or the annual premium of the employer based upon the compensation paid by the carrier with respect to a notice or claim described in section 2(a).
To receive reimbursement under subsection (a), a claim for such reimbursement shall be submitted to the Secretary of Labor— not earlier than the date on which a compensation order (as described in section 19(e) of the Longshore and Harbor Workers’ Compensation Act ( 33 U.S.C. 919(e) )) is issued that fixes entitlement to benefits; or not later than one year after the final payment of compensation to a covered employee pursuant to this Act; and in accordance with a rule issued by the Secretary that the Secretary determines to be similar to the process established under part 61 of title 20, Code of Federal Regulations (as in effect on the date of enactment of this Act).
An employer and the employer’s carrier shall make, keep, and preserve such records and provide such information as the Secretary of Labor determines necessary or appropriate to carry out this Act. The action of the Secretary in allowing or denying reimbursement under this section shall be the final Agency action with respect to such reimbursement. A reimbursement under this section shall be paid out of the Longshore COVID–19 Fund. In addition to amounts otherwise available, there are authorized to be appropriated, and there are appropriated, out of any money in the Treasury not otherwise appropriated, such sums as may be necessary to the Longshore COVID–19 Fund for each reimbursement paid out of such Fund under this section.
Not later than 60 days after the end of each of fiscal years 2022, 2023, and 2024, the Secretary of Labor shall submit to the Committee on Education and Labor of the House of Representatives and the Committee on Health, Education, Labor, and Pensions of the Senate, an annual report enumerating— the number of claims filed pursuant to section 2(a); of such filed claims— the number and types of claims under the Longshore and Harbor Workers Compensation Act ( 33 U.S.C. 901 et seq. ) with respect to which the presumption under section 2(a) is made; the number and types of such claims denied; and the number and types of such claims pending; and the total number of claims for reimbursement and the total amounts paid for such reimbursement from the Longshore COVID–19 Fund under subsection (c)(1) for the fiscal year for which the report is being submitted.
The Secretary of Labor may promulgate such regulations as may be necessary to carry out this Act. In this Act: The term covered exposure period with respect to the date of a diagnosis described in section 2(b)(1)(A), means the period of days— ending on the date of such diagnosis; and equal to the maximum number of days that the Secretary of Labor, with the concurrence of the Director of the National Institute of Occupational Safety and Health, determines could occur between an exposure to the novel coronavirus and a diagnosis of COVID–19 resulting from such exposure.
The terms carrier , compensation , employee , and employer have the meanings given the terms in section 2 of the Longshore and Harbor Workers’ Compensation Act ( 33 U.S.C. 902 ). The term Longshore COVID-19 Fund means the fund established in section 45 of the Longshore and Harbor Workers’ Compensation Act (as added by section 4 of this Act). The term novel coronavirus means SARS–CoV–2, a variant of SARS–CoV–2, or any other coronavirus declared to be a pandemic by public health authorities.
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