Bill Text: MS SB2835 | 2019 | Regular Session | Comm Sub
Bill Title: Mississippi First Responders Health and Safety Act; create.
Spectrum: Moderate Partisan Bill (Republican 9-2)
Status: (Passed) 2019-04-16 - Approved by Governor [SB2835 Detail]
Download: Mississippi-2019-SB2835-Comm_Sub.html
MISSISSIPPI LEGISLATURE
2019 Regular Session
To: Insurance; Appropriations
By: Senator(s) Carter, Carmichael, Gollott, Blount
Senate Bill 2835
(COMMITTEE SUBSTITUTE)
AN ACT TO CREATE THE "MISSISSIPPI FIRST RESPONDERS HEALTH AND SAFETY ACT"; TO PROVIDE THAT WHEN A FIRST RESPONDER WHO HAS COMPLETED A CERTAIN NUMBER OF YEARS OF SERVICE IS UNABLE TO PERFORM HIS REGULAR DUTIES BY REASON OF AN OCCUPATIONAL CANCER, SUCH CANCER SHALL BE CLASSIFIED AS AN OCCUPATIONAL DISEASE OR INFIRMITY CONNECTED WITH THE DUTIES OF A FIRST RESPONDER; TO PROVIDE THAT THE AFFECTED FIRST RESPONDER OR HIS SURVIVORS SHALL BE ENTITLED TO ALL RIGHTS AND BENEFITS AS GRANTED BY STATE LAW TO WHICH ONE SUFFERING AN OCCUPATIONAL INJURY IS ENTITLED AS SERVICE-CONNECTED IN THE LINE OF DUTY; TO PROVIDE THAT THE DEVELOPMENT OF HEART AND LUNG DISEASE, HEARING LOSS, HEPATITIS B OR HEPATITIS C, TUBERCULOSIS OR HIV/AIDS, DURING EMPLOYMENT IN FIRE OR POLICE SERVICE, SHALL BE CLASSIFIED AS AN OCCUPATIONAL DISEASE; AND FOR RELATED PURPOSES.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MISSISSIPPI:
SECTION 1. This act shall be known and may be cited as the "Mississippi First Responders Health and Safety Act."
SECTION 2. (1) Because of exposure to heat, smoke and fumes or carcinogenic, poisonous, toxic or chemical substances, radar, stress, when a first responder who has completed ten (10) or more years of service is unable to perform his regular duties in the fire service in this state by reason of cancer, such cancer shall be classified as an occupational disease or infirmity connected with the duties of a first responder. The disease or infirmity shall be presumed to have been caused by or to have resulted from the work performed. This presumption shall be rebuttable by evidence meeting judicial standards, and shall be extended to a member following termination of service for a period of three (3) months for each full year of service not to exceed sixty (60) months commencing with the last actual date of service.
(2) (a) The occupational cancer referred to in subsection (1) shall be limited to the types of cancer which may be caused by exposure to heat, smoke, radiation or a known or suspected carcinogen as defined by the International Agency for Research on Cancer. The occupational cancer shall also be limited to a cancer originating in the bladder, brain, colon, liver, pancreas, skin, kidney or gastrointestinal or reproductive tract, and leukemia, lymphoma, multiple myeloma, prostate, and testicular cancer, or any other type of cancer, due to occupational exposure, for which firefighters are determined to have a statistically significant increased risk over that of the general population. The employer must prove by a preponderance of the evidence that the disease was caused by some means other than the occupation to disqualify the firefighter from benefits.
(b) The cancer referred to in subsection (1) shall be limited to the types of cancer which may be caused by exposure to radiation or a known or suspected carcinogen as defined by the International Agency for Research on Cancer. The cancer shall also be limited to a cancer originating in the bladder, brain, reproductive tract, prostate, and testicular cancer, or any other type of cancer, due to occupational exposure, for which law enforcement are determined to have a statistically significant increased risk over that of the general population. The employer must prove by a preponderance of the evidence that the disease was caused by some means other than the occupation to disqualify the law enforcement officer from benefits.
(c) Any such first responder must have successfully passed a physical examination upon entering into service as a firefighter or police officer, which examination failed to reveal any evidence of the condition.
(3) The affected first responder or his survivors shall be entitled to all rights and benefits as granted by state law to which one suffering an occupational injury is entitled as service-connected in the line of duty.
(4) For purposes of this act, the term "firefighter" shall mean any firefighter employed by any subdivision of the State of Mississippi on a full-time duty status, and any firefighter registered with the State of Mississippi, or a political subdivision thereof, on a volunteer firefighting status.
(5) For the purposes of this act, the term "police officer" shall mean every officer authorized to direct or regulate traffic or to make arrests for violations of traffic regulations in the State of Mississippi.
(6) For the purposes of this act, the term "first responder shall mean every firefighter and police officer as defined in subsections (4) and (5) of this section.
SECTION 3. (1) Any acute cardiovascular or stroke (ischemic or hemorrhagic) event which develops within twenty-four (24) hours of the end of the shift where training or a stressful event on the first responder's primary department shall be classified as a service-connected disease.
(2) The employee affected, or his survivors, shall be entitled to all rights and benefits as granted by the laws of the State of Mississippi to which one suffering an occupational disease is entitled as service-connected in the line of duty. Such an event shall be presumed, prima facie, to have been caused by or have resulted from the nature of the work performed whenever same is manifested within twenty-four (24) hours of the end of the shift. The employer must prove by a preponderance of the evidence that the disease was caused by some means other than the occupation to disqualify the firefighter or police officer from benefits.
(3) Any such first responder must have successfully passed a physical examination upon entering into any service as a firefighter or police officer, which examination failed to reveal any evidence of the condition.
SECTION 4. (1) Any loss of hearing which is ten percent (10%) greater than that of the affected employee's comparable age group in the general population and which develops during employment in the classified fire or police service in the state of Mississippi shall, for purposes of this section only, be classified as a disease or infirmity connected with employment. The employee affected shall be entitled to medical benefits including hearing prosthesis as granted by the laws of the State of Mississippi to which one suffering an occupational disease is entitled, regardless of whether the firefighter or police officer is on duty at the time he is stricken with the loss of hearing. Such loss of hearing shall be presumed to have developed during employment and shall be presumed to have been caused by or to have resulted from the nature of the work performed whenever same is manifested at any time after the first ten (10) years of employment in such classified service. This presumption shall be rebuttable by evidence meeting judicial standards and shall be extended to an employee following termination of service for a period of twenty-four (24) months.
(2) Each person selected for appointment to an entry level position in the classified fire or police service on July 1, 2006, or thereafter shall submit to a baseline audiology examination. The appointing authority shall develop and implement policies and procedures for the administration of the examination. The examination shall take place not later than one (1) year after the selection of the person for the appointment.
SECTION 5. (1) As an alternative to pursuing workers' compensation benefits under Sections 2, 3 and 4 of this act, upon a diagnosis of cancer, an acute cardiovascular or stroke event, or the development of Hepatitis B or Hepatitis C, Tuberculosis, HIV/AIDS, or the development of hearing loss, a first responder is entitled to the following benefits:
(a) Provided the diagnosis occurs on or after the first responders' effective date of coverage, a lump-sum benefit of Thirty-five Thousand Dollars ($35,000.00) of coverage for each diagnosis payable to the first responder upon acceptable proof to the insurance carrier or other payor of a diagnosis by a board-certified physician in the medical specialty appropriate for the type of cancer diagnosed that there are one or more malignant tumors characterized by the uncontrollable and abnormal growth and spread of malignant cells with invasion of normal tissue and that either:
(i) There is metastasis; and
(ii) Surgery, radiotherapy, or chemotherapy is medically necessary; or
(iii) There is a tumor of the prostrate, provided that it is treated with radical prostatectomy or external beam therapy; or
(iv) The firefighter has terminal cancer, his or her life expectancy is twenty-four (24) months or less from the date of diagnosis, and will not benefit from, or has exhausted, curative therapy; or
(b) A lump-sum benefit of Ten Thousand Dollars ($10,000.00) for each diagnosis payable to the first responder upon acceptable proof to the insurance carrier or other payor of a diagnosis by a board-certified physician in the medical specialty appropriate for the type of cancer involved that:
(i) There is carcinoma in situ such that surgery, radiotherapy, or chemotherapy has been determined to be medically necessary;
(ii) There are malignant tumors which are treated by endoscopic procedures alone; or
(iii) There are malignant melanomas.
(c) A lump-sum benefit of Thirty-five Thousand Dollars ($35,000.00) for each diagnosis payable to such first responder upon acceptable proof to the insurance carrier or other payor of a diagnosis by a board-certified physician in the medical specialty appropriate for the type of heart disease involved that:
(i) If a first responder suffers an acute cardiovascular or stroke (ischemic or hemorrhagic) event within twenty-four (24) hours of the end of the shift where training or a stressful event occurred.
(ii) The combined total of benefits received by any first responder under subsections (2)(a),(b) and (c) of this Section during his or her lifetime shall not exceed One Hundred Thousand Dollars ($100,000.00).
(d) A benefit equal to the cost of hearing prosthesis upon acceptable proof to the insurance carrier or other payor of a diagnosis of ten percent (10%) or greater hearing loss requiring the use of hearing prosthesis by a board-certified physician in the medical specialty appropriate for the type of hearing loss involved.
(e) A disability benefit payable as a result of a specific cancer, acute cardiovascular or stroke event, or development of Hepatitis B or Hepatitis C, Tuberculosis, or HIV/AIDS-related illness to begin three (3) months after the date of disability and submission to the insurance carrier or other payor of acceptable proof of disability caused by the specified disease or events such that such illness precludes the first responder from serving as a first responder:
(i) A monthly benefit equal to sixty percent (60%) of the first responders monthly salary as an employed first responder with a fire or police department or a monthly benefit of Five Thousand Dollars ($5,000.00), whichever is less; of which the first payment shall be made three (3) months after the total disability and shall continue for up to thirty-six (36) consecutive monthly payments;
(ii) Such monthly benefit shall be subordinate to any other benefit actually paid to the first responder solely for such disability from any other source, not including private insurance purchased solely by the first responder;
(iii) Any first responder receiving the monthly benefits may be required to have his or her condition reevaluated. In the event any such reevaluation reveals that such person has regained the ability to perform duties as a first responder, then his or her monthly benefits shall cease the last day of the month of reevaluation; and
(iv) In the event that there is a subsequent recurrence of a disability caused by the specified illness or event, which precludes the first responder from serving as a first responder, he or she shall be entitled to receive any remaining monthly payments.
(f) If a first responder who qualifies for benefits under this section dies as a result of a first responder's occupational disease or acute event, his or her death shall be compensable to the same extent as the death of a first responder killed in the line of duty, and he or she shall be considered to have been killed in the line of duty and shall be eligible for the line of duty death benefits as set forth in Section 45-2-1.
(g) An eligible first responder who dies as a result of cancer, an acute cardiovascular or stroke event, or circumstances arising out of the treatment of cancer, but does not submit sufficient proof of claim prior to the first responder's death, is entitled to receive benefits specified in paragraphs (a), (b), (c), and (e) of this subsection and made available to the deceased first responder's beneficiary; and
(h) Any first responder who was simultaneously a member of more than one (1) fire or police department at the time of diagnosis shall not be entitled to receive benefits from or on behalf of more than one (1) fire or police department. The first responder's primary place of employment shall maintain coverage for the eligible first responder; and,
(i) Insurance payments received by an eligible first responder under Section 5 are included in gross income for federal income tax purposes.
(2) The benefits specified in paragraphs (a), (b), (c), and (e) of subsection (1) must be continued by a former employer of a first responder for five (5) years following the date that the first responder terminates employment, so long as the first responder otherwise met the criteria specified in this subsection when he or she terminated employment and was not subsequently employed as a first responder following that date.
SECTION 6. The costs of purchasing an insurance policy that provides the cancer, specified communicable diseases, and acute cardiovascular or stroke events contained in Section 5, or the costs of providing such benefits through a self-funded system compliant with Section 5 of this act, must be borne solely by the employer that employs the eligible first responder and may not be funded partially or wholly by individual first responders. In addition to any other purpose authorized, county governing authorities and municipal governing authorities may use proceeds from county and municipal taxes imposed under said chapter for the purposes of providing insurance pursuant to Section 5 of this act. The computation of premium amounts by an insurer for the coverages under this paragraph shall be subject to generally accepted adjustments from insurance underwriting.
SECTION 7. (1) The state, municipality, county, or fire protection district shall, no later than January 1, 2021, show proof of insurance coverage to the Commissioner of Insurance that it meets the requirements of Section 5 of this act, or shall show satisfactory proof of the ability to pay such compensation to ensure adequate coverage for all eligible first responders. Such coverage shall remain in effect until a fire or police department no longer has any first responders who could qualify for these benefits.
(2) The Commissioner of Insurance shall adopt such rules and regulations as are reasonable and necessary to implement the provisions of Section 5 of this act. Such regulations shall include the process by which a first responder files a claim for cancer or heart benefits, how the beneficiary of such eligible first responder files a claim for the enhanced cancer death benefit, and the process by which claimants can appeal a denial of benefits and what proof is deemed acceptable to qualify for such benefits.
(3) The Commissioner of Insurance shall adopt rules to establish firefighter cancer prevention best practices as it relates to personal protective equipment, decontamination, fire suppression, apparatus, and fire stations.
SECTION 8. (1) Because of exposure to blood and saliva of accident and crime victims, when a firefighter or police officer in the classified service, who has completed two (2) or more years of service, has contracted Hepatitis B or Hepatitis C, such disease shall be deemed an occupational disease or infirmity connected with the duties of a firefighter or police officer. The disease or infirmity shall be presumed to have been caused or to have resulted from such work performed. The presumption shall be rebuttable by evidence meeting judicial standards, and shall be extended to a member following termination of service for a period of three (3) months for each full year of service not to exceed sixty (60) months commencing with the last actual date of service. The presumption shall also be rebuttable by evidence that the otherwise eligible affected member was at the time of diagnosis of Hepatitis B or C, or within one (1) year of such diagnosis, unlawfully using controlled substances by means of intravenous injection, or lived in an intimate relationship with any person who has been diagnosed with Hepatitis B or C.
(2) The affected member or his survivors shall be entitled to all rights and benefits as granted by state or federal law to which one suffering from an occupational disease is entitled as service-connected in the line of duty.
SECTION 9. This act may also be referred to the "Arson Investigator Danny Benton and Police Chief Henry Manuel, Sr., Act."
SECTION 10. This act shall take effect and be in force from and after July 1, 2019.
