Alabama § 16-1A-4 - Public Education Employee Injury Compensation Board.

§ 16-1A-4. Public Education Employee Injury Compensation Board.

(a) The Public Education Employee Injury Compensation Board shall be comprised of the following members:

(1) One member appointed by the Governor.

(2) One member appointed by the President Pro Tempore of the Senate.

(3) One member appointed by Speaker of the House of Representatives.

(4) One member appointed on an alternating basis by the Minority Leaders of the Senate and the House of Representatives, with the Senate Minority Leader appointing first.

(5) One member shall be the Director of the Workers’ Compensation Division of the Alabama Department of Workforce.

(b)(1) The terms of the board members shall be staggered so that the initial appointees of the Speaker of the House and the Minority Leader of the Senate shall serve two years, with their successors serving a term of three years. All other appointed members shall serve an initial term of three years, and the successor shall serve a term of three years. No appointed member may serve more than two consecutive terms.

(2) A board member shall serve until his or her successor is appointed.

(3) The appointing authorities shall coordinate their appointments to assure that the membership of the board is inclusive and reflects the racial, gender, geographic, urban, rural, and economic diversity of the state. The appointing authorities shall coordinate to assure that at least one member of the board has experience and familiarity with workers’ compensation.

(c) Initial appointments to the board shall be made by the appointing authority on or before July 1, 2025.

(d) Members of the board shall receive no compensation but shall be reimbursed by the fund for travel and per diem expenses at the same rate and in the same manner as state employees.

(e) The board shall have all of the following duties:

(1) To administer the programs, including, but not limited to, establishing or contracting with a TPA to oversee benefits paid to employees and coordinate with PEEHIP. A contract for services of a TPA shall be procured pursuant to Article 5 of Chapter 4 of Title 41, without regard to exemptions. The TPA, whether contracted or otherwise established, shall have no business or administrative relationship with any education association in Alabama, directly or indirectly.

(2) To manage the fund to ensure that adequate funds are maintained to provide all injury program benefits to employees.

(3) To provide reasonable compensation for hearing officers who hear any dispute arising under this chapter.

(4) To employ professional, clerical, technical, and administrative staff as the board may determine necessary to carry out its duties and compensate staff accordingly.

(5) To secure insurance, reinsurance, or other products the board deems advisable in carrying out its duties.

(6) To retain and compensate legal counsel to represent the board, employers, the fund, the program, and TPA including, but not limited to, appearing before hearing officers or judges in contested cases.

(f) Except as otherwise required by the Health Insurance Portability and Accountability Act, 42 U.S.C. § 1320d et seq., the board shall be subject to all applicable open meetings and open records laws, shall adopt rules in accordance with the Alabama Administrative Procedure Act, and shall have a fiduciary duty to the fund and the program.