Senate Bill 2720

AN ACT TO REQUIRE A BLOOD TEST AT THE EXPENSE OF THE EMPLOYER AND CARRIER IN FOUND DEAD CASES UNDER THE WORKERS' COMPENSATION LAW, AND TO PROVIDE THAT AN AUTOPSY SHALL BE PERFORMED IN FOUND DEAD CASES UNDER CERTAIN CIRCUMSTANCES; AND FOR RELATED PURPOSES.

BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MISSISSIPPI:

SECTION 1. (1) In found dead cases, a blood test shall be required at the expense of the employer and carrier. The results should include an alcohol and drug screening, a basic metabolic panel, and any other information that would help determine the cause of death. All blood will be drawn by the coroner or others at the coroner’s request and tests are to be performed at the request of the local coroner in a manner consistent with the coroner’s normal procedure.

(2) In found dead cases, an autopsy shall be performed if requested by the spouse or next of kin of the deceased or the employer and carrier. The autopsy shall be performed at the expense of the employer carrier. The request shall be made within three (3) hours of the discovery of the deceased and notification of the employer or the documented notification of the next of kin whichever is longer. If the employer and carrier request an autopsy and the family of the deceased objects to an autopsy, then the presumption of compensability is waived. The University of Mississippi Medical Center or the State Medical Examiner, if criminal activity is suspected, shall perform the requested autopsy, and the body must be returned to the family within forty-eight (48) hours of its arrival at the autopsy facility. A preliminary autopsy report must be completed within three (3) days after the date of death and a final report must be completed within six (6) weeks of the date of death. If the cause of death is obvious or no request for autopsy is made, the spouse or next of kin and the employer and carrier may agree in writing to waive the autopsy.

SECTION 2. Section 1 of this act shall be codified within Chapter 3, Title 71, Mississippi Code of 1972.

SECTION 3. This act shall take effect and be in force from and after July 1, 2019.