Improving Access to Workers’ Compensation for Injured Federal Workers Act of 2025
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Would expand the federal workers' compensation program to allow nurse practitioners and physician assistants — not just physicians — to treat injured federal workers, certify the nature of their injuries, and participate in mandatory compensation examinations.
The change would bring the federal program more in line with how healthcare is delivered in practice, potentially reducing delays for injured federal employees who may have faster access to nurse practitioners or physician assistants than to physicians.
What this bill would do
What it would do
The bill would amend chapter 81 of title 5, U.S. Code — the law governing the federal workers' compensation program — to formally recognize nurse practitioners and physician assistants as "other eligible providers." Under current law, only physicians and osteopathic practitioners may perform key roles in the program. The bill would allow nurse practitioners and physician assistants, acting within the scope of their practice as defined by state law, to prescribe or recommend treatment, certify the nature of an injury and its probable extent of disability, provide prescribed treatment, and participate (alongside a Department of Labor-designated physician) in mandatory workers' compensation examinations of injured workers.
The bill would not replace physicians in the program; it would add these providers as alternatives alongside them. The scope of practice for each nurse practitioner or physician assistant would be governed by the law of the state where they practice, meaning the services available to an injured worker could vary by location. The Secretary of Labor would be required to finalize implementing regulations within six months of enactment.
Key provisions
- 1Would define 'other eligible provider' as a nurse practitioner or physician assistant acting within the scope of their practice as defined by state law.
- 2Would allow other eligible providers to prescribe or recommend treatment and certify the nature and probable extent of disability for injured federal workers, roles currently limited to physicians.
- 3Would allow other eligible providers to certify treatment claims under the compensation payment provisions of section 8121.
- 4Would allow other eligible providers to participate, alongside a Department of Labor-designated physician, in mandatory workers' compensation examinations.
- 5Would require the Secretary of Labor to finalize implementing regulations within six months of enactment.
Who would be affected
Injured federal employees nationwide who seek workers' compensation benefits and may have greater access to nurse practitioners or physician assistants than to physicians. Nurse practitioners and physician assistants employed in federal occupational health settings or treating federal workers would gain formal authority to certify injuries and prescribe treatment. The Department of Labor, which administers the program, would be responsible for issuing implementing rules.
Why it matters
Federal workers who are injured on the job currently cannot have their injuries certified or their treatment prescribed by a nurse practitioner or physician assistant, even when those providers are readily available and qualified under state law. Expanding eligible providers could reduce delays in accessing care and certifying disability, which can hold up compensation claims. The practical effect would depend partly on each state's scope-of-practice rules for these providers.
What would change
Changes to existing law
Amends 5 U.S.C. chapter 81 (Federal Employees' Compensation Act) (Sec. 2)
Adds nurse practitioners and physician assistants as 'other eligible providers' who may certify injuries, prescribe treatment, and participate in mandatory compensation examinations alongside physicians.
Agencies directed to act
Effective dates
- Deadline for Secretary of Labor to finalize implementing regulations
Funding and costs
Congressional Budget Office estimate
CBO estimates that enacting H.R. 3170 would affect net direct spending by an insignificant amount (between -$500,000 and $500,000) over the 2025–2035 period, with no effect on revenues.
CBO estimates that H.R. 3170 would have a negligible effect on the federal budget, with net direct spending changes of less than $500,000 in either direction over both the 2025–2030 and 2025–2035 windows, and no change in revenues. The bill would permit nurse practitioners and physician assistants to diagnose, treat, and certify injuries and disability under the Federal Employees' Compensation Act (FECA); CBO expects these nonphysician providers would be reimbursed at the same rates as physicians, so total benefits to injured federal workers would not significantly change. While faster treatment access could shift some payments earlier or allow injured workers to return to work sooner — with offsetting cost effects — CBO found no basis to favor one effect over the other and expects them to roughly cancel out. The bill contains no intergovernmental or private-sector mandates, though statutory pay-as-you-go procedures do apply.
How implementation would work
The Department of Labor's Office of Workers' Compensation Programs would need to finalize regulations within six months of enactment to implement the new provider category. The bill amends specific sections of title 5 by inserting "or other eligible provider" alongside existing physician references, so many existing procedural rules would carry over. Because scope of practice is defined by state law, the Department would likely need to address how state variation is handled during mandatory federal examinations, where a Department-designated physician must still participate alongside the eligible provider.
Legislative status & sources
Latest action
Placed on the Union Calendar, Calendar No. 343.
Official CRS summary
Show the CRS summaryHide the CRS summary
This bill expands the role of nurse practitioners and physician assistants in providing services to injured federal workers under the federal workers' compensation program.
Specifically, under the program, nurse practitioners and physician assistants acting within the scope of their practice may (1) prescribe or recommend treatment for injured federal workers; (2) certify the nature of an injury and probable extent of disability; (3) provide prescribed treatment for injured federal workers; and (4) participate, with a physician designated by the Department of Labor, in a mandatory workers' compensation examination of an injured worker. In general, only physicians may fulfill these roles under current law.
Legislative subjects
Disability assistance; Employee benefits and pensions; Government Operations and Politics; Government employee pay, benefits, personnel management; Health personnel; Nursing; Worker safety and health
Committee report
H. Rept. 119-394