Alabama 2022 Regular Session

Alabama House Bill HB274 Compare Versions

Only one version of the bill is available at this time.

Old	New	Differences
1	1	1 HB274
2	2	2 216262-4
3	3	3 By Representatives Pettus, Hill, Mooney, Brown (K), Bedsole,
4	4	4 Crawford, Ellis, Shedd, Farley, Robertson, Estes, Lee,
5	5	5 Reynolds, Whitt, Standridge, Drake, Greer, Simpson, Wheeler,
6	6	6 Shaver, Bracy, Hanes, Isbell and Lovvorn
7	7	7 RFD: Ways and Means General Fund
8	8	8 First Read: 03-FEB-22
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10	10	Page 0 1 216262-4:n:02/02/2022:PMG*/bm LSA2022-40R3
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16	16	7
17	17	8 SYNOPSIS: Under existing workers' compensation law, an
18	18	9 occupational disease is not considered to include a
19	19	10 mental illness, including post-traumatic stress
20	20	11 disorder (PTSD), unless a physical injury
21	21	12 accompanies the mental illness.
22	22	13 This bill would require certain benefits be
23	23	14 provided to paid first responders who suffer from
24	24	15 work related PTSD, including reimbursement for
25	25	16 certain out-of-pocket treatment expense, paid time
26	26	17 off for treatment, and limited disability if a paid
27	27	18 first responder is not able to work due to PTSD.
28	28	19 This bill would provide for certain benefits
29	29	20 to be provided to volunteer first responders
30	30	21 suffering from PTSD.
31	31	22 This bill would authorize the Secretary of
32	32	23 the Department of Labor to regulate a fund
33	33	24 established by the Alabama League of Municipalities
34	34	25 to provide coverage for the benefits provided for
35	35	26 in this bill.
36	36	Page 1 1 This bill would also provide for eligibility
37	37	2 requirements for participants to receive benefits
38	38	3 from the fund.
39	39	4 Amendment 621 of the Constitution of Alabama
40	40	5 of 1901, as amended by Amendment 890, now appearing
41	41	6 as Section 111.05 of the Official Recompilation of
42	42	7 the Constitution of Alabama of 1901, as amended,
43	43	8 prohibits a general law whose purpose or effect
44	44	9 would be to require a new or increased expenditure
45	45	10 of local funds from becoming effective with regard
46	46	11 to a local governmental entity without enactment by
47	47	12 a 2/3 vote unless: it comes within one of a number
48	48	13 of specified exceptions; it is approved by the
49	49	14 affected entity; or the Legislature appropriates
50	50	15 funds, or provides a local source of revenue, to
51	51	16 the entity for the purpose.
52	52	17 The purpose or effect of this bill would be
53	53	18 to require a new or increased expenditure of local
54	54	19 funds within the meaning of the amendment. If this
55	55	20 bill is not enacted by a 2/3 vote, it will not
56	56	21 become effective with regard to a local entity
57	57	22 unless approved by the local entity or until, and
58	58	23 only as long as, the Legislature appropriates funds
59	59	24 or provides for a local source of revenue.
60	60	25
61	61	26 A BILL
62	62	27 TO BE ENTITLED
63	63	Page 2 1 AN ACT
64	64	2
65	65	3 Relating to first responders; to require certain
66	66	4 benefits be made available to certain paid first responders
67	67	5 suffering from work-related post-traumatic stress disorder; to
68	68	6 make certain benefits available to volunteer first responders;
69	69	7 to authorize the Secretary of the Department of Labor to
70	70	8 regulate a fund established by the Alabama League of
71	71	9 Municipalities to provide benefits for first responders; to
72	72	10 exempt payments from the fund for benefits from state income
73	73	11 tax; and in connection therewith to have as its purpose or
74	74	12 effect the requirement of a new or increased expenditure of
75	75	13 local funds within the meaning of Amendment 621 of the
76	76	14 Constitution of Alabama of 1901, as amended by Amendment 890,
77	77	15 now appearing as Section 111.05 of the Official Recompilation
78	78	16 of the Constitution of Alabama of 1901, as amended.
79	79	17 BE IT ENACTED BY THE LEGISLATURE OF ALABAMA:
80	80	18 Section 1. For the purposes of this act, the
81	81	19 following terms shall have the following meanings:
82	82	20 (1) AUTHORIZED TREATING PHYSICIAN. A licensed
83	83	21 clinical psychologist or board-certified psychiatrist licensed
84	84	22 to practice in this state and with experience diagnosing PTSD,
85	85	23 utilizing an evaluation that includes symptom validity testing
86	86	24 and other procedures to rule out the presence of malingering
87	87	25 PTSD by using established guidelines and criteria.
88	88	Page 3 1 (2) COVERED PARTICIPANT. A first responder listed in
89	89	2 paragraph (4)a. or (4)b. whose annual premium has been paid in
90	90	3 full into the fund.
91	91	4 (3) EMPLOYER. The employing municipality, airport
92	92	5 authority, or fire district entity who employs participants.
93	93	6 (4) FIRST RESPONDER: Any of the following:
94	94	7 a. CAREER FIREFIGHTER. Any individual employed by a
95	95	8 municipality, an airport authority, or a fire district who has
96	96	9 obtained certification as a firefighter through, and as
97	97	10 defined by, the Alabama Firefighters' Personnel Standards and
98	98	11 Education Commission.
99	99	12 b. OFFICER. A law enforcement officer certified by
100	100	13 the Alabama Peace Officers' Standards and Training Commission
101	101	14 and employed by a municipality.
102	102	15 c. CERTIFIED VOLUNTEER FIREFIGHTER. Any individual
103	103	16 who is an active member of a volunteer or combination career
104	104	17 and volunteer fire department, as recognized by the Alabama
105	105	18 Forestry Commission, and who has obtained certification as a
106	106	19 volunteer firefighter through and as defined by the Alabama
107	107	20 Firefighters' Personnel Standards and Education Commission,
108	108	21 who may or may not receive remuneration for firefighting
109	109	22 activities, but is not offered typical employment benefits,
110	110	23 including health insurance coverage.
111	111	24 d. NON-CERTIFIED VOLUNTEER FIREFIGHTER. Any
112	112	25 individual who is an active member of a volunteer or
113	113	26 combination career and volunteer fire department, as
114	114	27 recognized by the Alabama Forestry Commission, and who has not
115	115	Page 4 1 obtained certification as a volunteer firefighter through and
116	116	2 as defined by the Alabama Firefighters' Personnel Standards
117	117	3 and Education Commission, who may or may not receive
118	118	4 remuneration for firefighting activities, but is not offered
119	119	5 typical employment benefits, including health insurance
120	120	6 coverage.
121	121	7 (5) FUND. A legal entity established by the Alabama
122	122	8 League of Municipalities under the administration of a
123	123	9 governing body to administer the benefits provided for in this
124	124	10 act, subject to rules adopted by the Department of Labor.
125	125	11 (6) POST-TRAUMATIC STRESS DISORDER (PTSD). A mental
126	126	12 health condition that meets the diagnostic criteria in the
127	127	13 Diagnostic and Statistical Manual of Mental Disorders, Fifth
128	128	14 Edition, published by the American Psychiatric Association.
129	129	15 (7) SECRETARY. The Secretary of the Department of
130	130	16 Labor.
131	131	17 (8) SPECIFIC EVENT. An isolated and extraordinarily
132	132	18 traumatic event involving a first responder acting within the
133	133	19 line and scope of duty and that includes the first responder
134	134	20 satisfying either of the following:
135	135	21 a. Witnessing or being directly engaged in actions
136	136	22 resulting in the death of an individual or individuals on the
137	137	23 scene of an event.
138	138	24 b. Witnessing or being directly engaged in actions,
139	139	25 during or in rapid emergency response immediately after the
140	140	26 occurrence, that resulted in injuries of such an extraordinary
141	141	27 and severe nature that they lead directly to the death of an
142	142	Page 5 1 individual or individuals due to the injuries on the way to,
143	143	2 or no more than 48 hours after, reaching a hospital for
144	144	3 initial treatment.
145	145	4 (9) VOLUNTEER FIRE DEPARTMENT. A group of area
146	146	5 residents organized to provide fire protection and recognized
147	147	6 by the Alabama Forestry Commission as a volunteer fire
148	148	7 department.
149	149	8 (10) VOLUNTEER PARTICIPANT. A first responder listed
150	150	9 in paragraph (4)c. or (4)d. whose annual premium has been paid
151	151	10 in full into the fund.
152	152	11 Section 2. The secretary shall be responsible for
153	153	12 the regulation of the fund as it relates to the requirements
154	154	13 of this act, and he or she shall adopt rules including, but
155	155	14 not limited to, investment policies for any monies held by the
156	156	15 fund in furtherance of this act. Provided, however, nothing in
157	157	16 this act shall limit or restrict the governing body of the
158	158	17 fund from providing additional benefits to some or all first
159	159	18 responders on matters outside the scope of this act.
160	160	19 Section 3. (a) To claim benefits under this act, a
161	161	20 covered participant or volunteer participant must satisfy all
162	162	21 of the following:
163	163	22 (1) Have experienced a qualifying specific event
164	164	23 during the 12-month period immediately preceding the date the
165	165	24 first claim for benefits is submitted.
166	166	25 (2) Agree that the employer or volunteer fire
167	167	26 department is not liable under Chapter 5, Title 25, Code of
168	168	27 Alabama 1975, to the covered participant or volunteer
169	169	Page 6 1 participant who elects to receive benefits under this act. The
170	170	2 exemption from liability provided in this subdivision is based
171	171	3 on the specific diagnosis for which the covered participant or
172	172	4 volunteer participant elects to receive benefits.
173	173	5 (3) Have participated in an applicable peer support
174	174	6 event, conducted by a certified peer support member where the
175	175	7 covered participant or volunteer participant received a
176	176	8 debriefing, defusing, or coaching session in accordance with
177	177	9 Section 36-21-14, Code of Alabama 1975.
178	178	10 (4) Receive certification from an authorized
179	179	11 treating physician providing both of the following:
180	180	12 a. That the covered participant or volunteer
181	181	13 participant has been diagnosed with PTSD and that the disorder
182	182	14 resulted solely from his or her involvement in a specific
183	183	15 event that occurred in the course of his or her employment, or
184	184	16 in the case of a volunteer participant, during the course of
185	185	17 his or her activities with a volunteer fire department, and
186	186	18 not from an event or events that occurred outside the line and
187	187	19 scope of, or prior to or after, his or her employment or
188	188	20 activities with a volunteer fire department.
189	189	21 b. That the treatment, including therapy or
190	190	22 counseling, is medically necessary.
191	191	23 (5) Authorize the fund to communicate with the
192	192	24 authorized treating physician for the limited and sole purpose
193	193	25 of confirming compliance with subsection (e).
194	194	26 (b) If all of the criteria in subsection (a) have
195	195	27 been met, the fund shall reimburse a covered participant or
196	196	Page 7 1 volunteer participant currently employed by an employer or
197	197	2 working with a volunteer fire department, respectively, for
198	198	3 any co-payment or deductible, not covered by the participant
199	199	4 or volunteer participant's health insurance and paid by the
200	200	5 participant or volunteer participant for the treatment of
201	201	6 PTSD. The total co-payment or deductible benefits that a
202	202	7 covered participant or volunteer participant may receive may
203	203	8 not exceed fifteen thousand dollars ($15,000) during his or
204	204	9 her lifetime.
205	205	10 (c) An employer covered by this act shall provide a
206	206	11 covered participant who is employed full time by the employer
207	207	12 up to an additional 80 working hours of paid leave, per claim
208	208	13 related to a specific event, to seek treatment for PTSD. Any
209	209	14 leave taken to seek treatment for PTSD shall be without any
210	210	15 loss of pay, time, efficiency, rating, annual vacation, or
211	211	16 sick leave.
212	212	17 (d)(1) Beginning January 1, 2025, if a determination
213	213	18 is made in writing by the authorized treating physician that a
214	214	19 covered participant is disabled as a result of PTSD related to
215	215	20 a specific event and is required to refrain from his or her
216	216	21 normal assigned work duties and is not able to perform
217	217	22 alternate work duties in a position at his or her normal
218	218	23 compensation, the fund shall pay disability compensation at
219	219	24 the rate of three thousand dollars ($3,000) per month for up
220	220	25 to 12 months. The total disability compensation benefits
221	221	26 received by a covered participant may not exceed thirty six
222	222	27 thousand dollars ($36,000) during his or her lifetime.
223	223	Page 8 1 (2) A covered participant may not receive disability
224	224	2 compensation during any period in which the participant is
225	225	3 working in any capacity in other employment, including any
226	226	4 part-time employment. Any participant who violates this
227	227	5 subsection shall reimburse the fund for any compensation
228	228	6 benefits received and shall forfeit the right to receive any
229	229	7 benefits for the 12-month period succeeding the violation.
230	230	8 (3) Volunteer participants are not eligible for this
231	231	9 disability compensation.
232	232	10 (e) A covered participant who receives disability
233	233	11 compensation as provided in this section must remain in the
234	234	12 care of the authorized treating physician, and the covered
235	235	13 participant, either directly or through the authorized
236	236	14 treating physician, must provide to the fund monthly written
237	237	15 confirmation from the authorized treating physician of his or
238	238	16 her compliance with the treatment plan. A covered participant
239	239	17 who fails to report as required or is determined to be
240	240	18 noncompliant with the treatment plan as confirmed by the
241	241	19 authorized treating physician, shall forfeit any right to
242	242	20 further disability payments under this act. Before
243	243	21 discontinuing disability payments, the fund must confirm with
244	244	22 the authorized treating physician that the participant is no
245	245	23 longer in compliance with the treatment plan.
246	246	24 (f) A covered participant who receives benefits
247	247	25 under this act may only be eligible to return to work in the
248	248	26 same or similar role with an employer covered by this act when
249	249	27 the return is authorized in writing by the authorized treating
250	250	Page 9 1 physician who certified eligibility for benefits under this
251	251	2 act. If the authorized treating physician who made the
252	252	3 original diagnosis is unavailable, a covered participant may
253	253	4 receive an authorization from another authorized treating
254	254	5 physician.
255	255	6 Section 4. (a) The governing body of the fund shall
256	256	7 establish the annual premium for each calendar year using an
257	257	8 actuarial study and shall have these rates approved by the
258	258	9 secretary to ensure adequate funding for the fund. The
259	259	10 computation of premium amounts shall be subject to generally
260	260	11 accepted adjustments for insurance underwriting.
261	261	12 (b) All employers shall pay the applicable annual
262	262	13 premiums into the fund for all eligible participants in their
263	263	14 employment by December 31st of each calendar year in order to
264	264	15 provide coverage for the following calendar year.
265	265	16 (c) A volunteer fire department is not required to
266	266	17 provide coverage under this act for either certified volunteer
267	267	18 firefighters or noncertified volunteer firefighters. An
268	268	19 individual certified volunteer firefighter or noncertified
269	269	20 volunteer firefighter may elect to pay premiums into the fund
270	270	21 by December 31st of each calendar year, at his or her own
271	271	22 expense, in order to provide coverage for the following
272	272	23 calendar year. Notwithstanding any law to the contrary,
273	273	24 nothing in this subsection prevents a volunteer fire
274	274	25 department, regional association of volunteer fire
275	275	26 departments, a municipality, or any combination of these, from
276	276	27 optionally contributing in part or in whole to the premiums of
277	277	Page 10 1 an individual certified volunteer firefighter or noncertified
278	278	2 volunteer firefighter.
279	279	3 (d) The annual premiums paid into the fund are fully
280	280	4 earned and are nonrefundable.
281	281	5 (e) If a covered participant leaves eligible
282	282	6 employment or retires during a covered year, the employer is
283	283	7 not entitled to any refund of any portion of the paid premium
284	284	8 for that calendar year. If a volunteer participant
285	285	9 discontinues service with a volunteer fire department during a
286	286	10 covered year, the volunteer fire department, or in the case of
287	287	11 a volunteer participant who has paid his or her premium, is
288	288	12 not entitled to any refund of any portion of the paid premium
289	289	13 for that calendar year.
290	290	14 (f) If a covered participant transfers to other
291	291	15 eligible employment with a different employer, the new
292	292	16 employer shall not be required to pay premiums on that
293	293	17 participant until the current calendar year's coverage expires
294	294	18 with the previous employer.
295	295	19 (g) A covered participant or volunteer participant
296	296	20 is no longer entitled to any benefits if he or she resigns, is
297	297	21 terminated, or retires from eligible employment with an
298	298	22 employer. A covered volunteer participant is no longer
299	299	23 entitled to any benefits if he or she is no longer associated
300	300	24 with a volunteer fire department or is otherwise ineligible to
301	301	25 serve as a volunteer firefighter.
302	302	26 (h) In the event a covered participant is employed
303	303	27 by multiple eligible employers simultaneously, the primary
304	304	Page 11 1 employer shall be responsible for the requirements of this
305	305	2 act. The primary employer shall be identified as the employer
306	306	3 who provides primary health insurance benefits to the
307	307	4 participant.
308	308	5 Section 5. (a) Any monies received by a covered
309	309	6 participant or volunteer participant pursuant to this act, to
310	310	7 any extent the amounts are included in the federal adjusted
311	311	8 gross income of the taxpayer, shall be excluded from taxable
312	312	9 income for state income tax purposes.
313	313	10 (b) Any monies received as premiums for the
314	314	11 coverages provided by this act may not be subject to any
315	315	12 premium taxes otherwise required by law.
316	316	13 (c) The reimbursement and benefits requirements of
317	317	14 this act shall not apply to PTSD resulting from events
318	318	15 occurring prior to the effective date of this act.
319	319	16 Section 6. The purpose or effect of this bill would
320	320	17 be to require a new or increased expenditure of local funds
321	321	18 within the meaning of Amendment 621 of the Constitution of
322	322	19 Alabama of 1901, as amended by Amendment 890, now appearing as
323	323	20 Section 111.05 of the Official Recompilation of the
324	324	21 Constitution of Alabama of 1901, as amended. If this bill is
325	325	22 not enacted by a 2/3 vote, it will not become effective with
326	326	23 regard to a local entity unless approved by the local entity
327	327	24 or until, and only as long as, the Legislature appropriates
328	328	25 funds or provides for a local source of revenue.
329	329	Page 12 1 Section 7. This act shall become effective January
330	330	2 1, 2024, following its passage and approval by the Governor,
331	331	3 or its otherwise becoming law.
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