Policy Impact Analysis - 117/HR/6102

Bill Overview

Title: Black Lung Benefits Improvement Act of 2022

Description: This bill revises requirements for miners' claims for pneumoconiosis (black lung disease) benefits. Specifically, the bill requires the Department of Labor to pay the attorneys' fees of specified parties on a qualifying benefit claim, give a claimant the opportunity to substantiate a claim for benefits through a pulmonary evaluation, authorize a CT (computerized tomography) scan in diagnosing complicated pneumoconiosis, and develop a strategy to reduce delays in adjudication of black lung disease benefits claims. The bill also establishes criteria that a mining operator must meet to self-insure against claims and increases from $1,000 to $25,000 the daily penalty amount that may be assessed against a mining operator that fails to make black lung benefits payments. The bill authorizes (1) black lung disease clinics to use federal funds to help individuals file claims, and (2) certain previously denied claimants to file a new claim for black lung disease benefits within one year. The bill prohibits a person from (1) knowingly and willfully making a false statement or misrepresentation in increasing or reducing black lung disease benefits, or (2) threatening or misleading a participant in a proceeding regarding such benefits. Further, the bill revises (1) the standards of medical evidence that establish a presumption that a miner is totally disabled by black lung disease, and (2) payments to such miners. Lastly, the bill provides statutory authority for the Office of Workers' Compensation Programs.

Sponsors: Rep. Cartwright, Matt [D-PA-8]

Target Audience

Population: People with black lung disease or coal miners potentially affected by it

Estimated Size: 75000

• This bill primarily impacts current and former coal miners with or at risk for black lung disease, also known as pneumoconiosis.
• The global population of coal miners is significant, with large numbers in countries known for coal production like China, India, the United States, Australia, and parts of Europe.
• There are medical facilities and clinics dedicated to addressing coal miners' health issues, which suggests a substantial number of people are involved directly or indirectly with this condition on a global scale.

Reasoning

• Coal miners affected by black lung disease are a specific, albeit significant, segment of the population in the United States. Given the distribution of coal mining operations and historical factors, they are more likely to be found in regions such as West Virginia, Kentucky, Pennsylvania, and other Appalachian states.
• The budget is significant but needs to cover extensive medical evaluations, legal support, and increased penalties, indicating a targeted approach rather than a broad one. Many miners at risk may not yet have symptoms requiring immediate financial benefits, suggesting varying levels of impact.
• The policy could potentially prevent new cases through stricter regulations and oversight, thereby impacting miners before symptoms emerge.
• Given historical underfunding and the number of claims, the program will focus on the most vulnerable populations already diagnosed or with clear evidence of disease. Beyond the primary target, secondary effects might be limited by the budget constraints.

Simulated Interviews

Cost Estimates

Key Considerations

• The need for effective implementation and enforcement of penalties and new evaluation processes to prevent cost overruns.
• Potential opposition from mining industry stakeholders due to increased compliance costs and penalties.
• Integration with existing healthcare and workers' compensation systems to enhance claim processing.