HB323INTRODUCED
Page 0
PSQFER-1
By Representatives Pettus, Treadaway, Stringer, Rehm
RFD: County and Municipal Government
First Read: 13-Apr-23
1
2
3
4
5 PSQFER-1 04/13/2023 JC (L)twg 2023-264
Page 1
SYNOPSIS:
Under existing workers' compensation law, an
occupational disease is not considered to include a
mental illness, including post-traumatic stress disorder
(PTSD), unless a physical injury accompanies the mental
illness.
This bill would require certain benefits be
provided to first responders who suffer from work-related
PTSD, including reimbursement for certain out-of-pocket
treatment expenses and paid time off for employed first
responders for treatment. It would provide eligibility
requirements for participants to receive the benefits.
This bill would authorize a fund to disburse the
benefits, to be established by the Alabama League of
Municipalities and regulated by the Secretary of the
Department of Labor.
This bill would also exempt paid benefits from
state income tax liability.
Section 111.05 of the Constitution of Alabama of
2022 prohibits a general law whose purpose or effect
would be to require a new or increased expenditure of
local funds from becoming effective with regard to a
local governmental entity without enactment by a 2/3 vote
unless: it comes within one of a number of specified
exceptions; it is approved by the affected entity; or the
1
2
3
4
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
25
26
27
28 HB323 INTRODUCEDHB323 INTRODUCED
Page 2
Legislature appropriates funds, or provides a local
source of revenue, to the entity for the purpose.
The purpose or effect of this bill would be to
require a new or increased expenditure of local funds
within the meaning of the amendment. If this bill is not
enacted by a 2/3 vote, it will not become effective with
regard to a local entity or until, and only as long as,
the Legislature appropriates funds or provides for a
local source of revenue.
A BILL
TO BE ENTITLED
AN ACT
Relating to first responders; to require certain
benefits be made available to first responders suffering from
work-related post-traumatic stress disorder; to make a certain
leave benefit available to employed first responders; to
authorize the Secretary of the Department of Labor to regulate
a fund established by the Alabama League of Municipalities to
provide the benefits payable to first responders; to exempt
benefit payments from the fund from state income tax; and to
have as its purpose or effect the requirement of a new or
increased expenditure of local funds within the meaning of
Section 111.05 of the Constitution of Alabama of
2022.
BE IT ENACTED BY THE LEGISLATURE OF ALABAMA:
29
30
31
32
33
34
35
36
37
38
39
40
41
42
43
44
45
46
47
48
49
50
51
52
53
54
55
56 HB323 INTRODUCEDHB323 INTRODUCED
Page 3
Section 1.For the purposes of this act, the
following terms have the following meanings:
(1) AUTHORIZED TREATING PHYSICIAN. A licensed
clinical psychologist or board-certified psychiatrist licensed
to practice in this state and with experience diagnosing PTSD,
utilizing an evaluation that includes symptom validity testing
and other procedures to rule out the presence of malingering
PTSD by using established guidelines and criteria.
(2) BENEFITS. The coverage provided under this act
as described in Section 3(b) through (d).
(3) COVERED PARTICIPANT. A first responder whose
annual premium has been paid in full into the fund.
(4) EMPLOYER. The employing municipality or fire
district entity which employs participants.
(5) FIRST RESPONDER: Any of the following:
a. CAREER FIREFIGHTER. Any individual employed by a
municipality or a fire district who has obtained certification
as a firefighter through, and as defined by, the Alabama
Firefighters' Personnel Standards and Education Commission.
b. VOLUNTEER FIREFIGHTER. Any individual who is an
active member of a volunteer or combination career and
volunteer fire department, as recognized by the Alabama
Forestry Commission, regardless of whether the individual is
certified as a volunteer firefighter through, and as defined
by, the Alabama Firefighters' Personnel Standards and
Education Commission, who may or may not receive remuneration
for firefighting activities, but is not offered typical
employment benefits, including health insurance coverage.
57
58
59
60
61
62
63
64
65
66
67
68
69
70
71
72
73
74
75
76
77
78
79
80
81
82
83
84 HB323 INTRODUCEDHB323 INTRODUCED
Page 4
c. OFFICER. A law enforcement officer certified by
the Alabama Peace Officers' Standards and Training Commission
and employed by a municipality.
(6) FUND. A legal entity established by the Alabama
League of Municipalities to administer the benefits provided
for in this act, subject to rules adopted by the Department of
Labor.
(7) GOVERNING BODY. The board, authority, or
individuals designated by the Alabama League of Municipalities
to administer the fund.
(8) POST-TRAUMATIC STRESS DISORDER (PTSD). A mental
health condition that meets the diagnostic criteria in the
Diagnostic and Statistical Manual of Mental Disorders, Fifth
Edition, published by the American Psychiatric Association.
(9) QUALIFYING EVENT. An isolated and
extraordinarily traumatic event involving a first responder
acting within the line and scope of duty and that includes the
first responder satisfying either of the following:
a. Witnessing or being directly engaged in actions
resulting in the death of an individual or individuals on the
scene of an event.
b. Witnessing or being directly engaged in actions,
during or in rapid emergency response immediately after the
occurrence, that resulted in injuries of such an extraordinary
and severe nature that they lead directly to the death of an
individual or individuals due to the injuries on the way to,
or no more than 48 hours after, reaching a hospital for
initial treatment.
85
86
87
88
89
90
91
92
93
94
95
96
97
98
99
100
101
102
103
104
105
106
107
108
109
110
111
112 HB323 INTRODUCEDHB323 INTRODUCED
Page 5
(10) SECRETARY. The Secretary of the Department of
Labor.
(11) VOLUNTEER FIRE DEPARTMENT. A group of area
residents organized to provide fire protection and recognized
by the Alabama Forestry Commission as a volunteer fire
department.
(12) VOLUNTEER PARTICIPANT. A first responder whose
annual premium has been paid in full into the fund.
Section 2.The secretary shall be responsible for
the regulation of the fund as it relates to the requirements
of this act, and he or she shall adopt rules, including, but
not limited to, investment policies for any monies held by the
fund in furtherance of this act. Provided, however, nothing in
this act shall limit or restrict the governing body from
providing additional benefits to some or all first responders
on matters outside the scope of this act.
Section 3.(a) To claim benefits under this act, a
covered participant or volunteer participant must satisfy all
of the following:
(1) Experiences a qualifying event during the
12-month period immediately preceding the date the first claim
for benefits is submitted.
(2) Agrees that the employer or volunteer fire
department is not liable under Chapter 5, Title 25, Code of
Alabama 1975, to the covered participant or volunteer
participant who elects to receive benefits under this act. The
exemption from liability provided in this subdivision is based
113
114
115
116
117
118
119
120
121
122
123
124
125
126
127
128
129
130
131
132
133
134
135
136
137
138
139 HB323 INTRODUCEDHB323 INTRODUCED
Page 6
on the specific diagnosis for which the covered participant or
volunteer participant elects to receive benefits.
(3) Participates in an applicable peer support
event, conducted by a certified peer support member where the
covered participant or volunteer participant received a
debriefing, defusing, or coaching session in accordance with
Section 36-21-14, Code of Alabama 1975.
(4) Receives certification from an authorized
treating physician providing both of the following:
a. That the covered participant or volunteer
participant has been diagnosed with PTSD and that the disorder
resulted solely from his or her involvement in a qualifying
event that occurred in the course of his or her employment, or
in the case of a volunteer participant, during the course of
his or her activities with a volunteer fire department, and
not from an event or events that occurred outside the line and
scope of, or prior to or after, his or her employment or
activities with a volunteer fire department.
b. That the treatment, including therapy or
counseling, is medically necessary.
(5) Authorizes the governing body to communicate
with the authorized treating physician for the limited and
sole purpose of confirming PTSD treatment to the extent
necessary to verify claims for benefits pursuant to
subsections (b) through (d).
(b) The fund shall reimburse a covered participant
or volunteer participant currently employed by an employer or
working with a volunteer fire department, respectively, for
140
141
142
143
144
145
146
147
148
149
150
151
152
153
154
155
156
157
158
159
160
161
162
163
164
165
166
167 HB323 INTRODUCEDHB323 INTRODUCED
Page 7
any co-payment or deductible not covered by the covered
participant or volunteer participant's health insurance and
paid by the covered participant or volunteer participant for
the treatment of PTSD. The total co-payment or deductible
benefits that a covered participant or volunteer participant
may receive may not exceed fifteen thousand dollars ($15,000)
during his or her lifetime.
(c)(1) The fund shall reimburse a covered
participant or volunteer participant currently employed by an
employer or working with a volunteer fire department for
travel for PTSD treatment.
(2) The reimbursement shall be per mile for a round
trip at the current standard mileage rate set by the Internal
Revenue Service for medical care for income tax deduction if
the travel meets all of the following conditions:
a. The purpose is to visit an authorized treating
physician for PTSD treatment.
b. The mileage, one way, between the covered or
volunteer participant's residence and the authorized treating
physician is at least 25 miles.
c. The travel is not outside the State of Alabama.
(d) An employer covered by this act shall provide a
covered participant who is employed full time by the employer
up to an additional 80 working hours of paid leave, per claim
related to a specific event, to seek treatment for PTSD.
(1) Any leave taken to seek treatment for PTSD shall
be without any loss of pay, shall be in addition to all types
168
169
170
171
172
173
174
175
176
177
178
179
180
181
182
183
184
185
186
187
188
189
190
191
192
193
194 HB323 INTRODUCEDHB323 INTRODUCED
Page 8
of leave otherwise applicable under the employer's policies,
including sick leave, personal leave, and annual vacation.
(2) Any leave taken to seek treatment for PTSD shall
not be used by the employer as a factor in any performance
evaluation given to the covered participant or any
disciplinary action required under the employer's policies to
be administered to the covered participant.
Section 4.(a) The governing body shall establish
the annual premium for each calendar year using an actuarial
study and shall have these rates approved by the secretary to
ensure adequate funding for the fund. The computation of
premium amounts shall be subject to generally accepted
adjustments for insurance underwriting.
(b) All employers shall pay the applicable annual
premium into the fund for all eligible participants in their
employment by December 31 of each calendar year in order to
provide coverage for the following calendar year.
(c)(1) A volunteer fire department is not required
to provide coverage under this act for volunteer firefighters.
(2) A volunteer firefighter may elect to pay the
premium into the fund by December 31 of each calendar year, at
his or her own expense, in order to provide coverage for the
following calendar year.
(3) Nothing in this subsection shall prevent a
volunteer fire department, regional association of volunteer
fire departments, a municipality, or any combination of these
from optionally contributing in part or in whole to the
premium of an individual volunteer firefighter.
195
196
197
198
199
200
201
202
203
204
205
206
207
208
209
210
211
212
213
214
215
216
217
218
219
220
221
222 HB323 INTRODUCEDHB323 INTRODUCED
Page 9
(d) The annual premium paid into the fund is fully
earned and is nonrefundable.
(e) If a covered participant leaves eligible
employment or retires during a covered year, the employer is
not entitled to any refund of any portion of the paid premium
for that calendar year. If a volunteer participant
discontinues service with a volunteer fire department during a
covered year, the volunteer participant, or in the case of a
volunteer fire department that has paid or contributed to the
volunteer participant's premium, is not entitled to any refund
of any portion of the paid premium for that calendar year.
(f) If a covered participant transfers to other
eligible employment with a different employer, the new
employer shall not be required to pay the premium on that
participant until the current calendar year's coverage expires
with the previous employer.
(g) A covered participant or volunteer participant
is no longer entitled to any benefits if he or she resigns, is
terminated, or retires from eligible employment with an
employer. A volunteer participant is no longer entitled to any
benefits if he or she is no longer associated with a volunteer
fire department or is otherwise ineligible to serve as a
volunteer firefighter.
(h) In the event a covered participant is employed
by multiple eligible employers simultaneously, the primary
employer shall be responsible for the requirements of this
act. The primary employer shall be identified as the employer
223
224
225
226
227
228
229
230
231
232
233
234
235
236
237
238
239
240
241
242
243
244
245
246
247
248
249 HB323 INTRODUCEDHB323 INTRODUCED
Page 10
who provides primary health insurance benefits to the
participant.
Section 5.(a) Any monies received by a covered
participant or volunteer participant pursuant to this act, to
any extent the amounts are included in the federal adjusted
gross income of the taxpayer, shall be excluded from taxable
income for state income tax purposes.
(b) Any monies received by the fund as premiums for
the coverage provided by this act may not be subject to any
premium taxes otherwise required by law.
(c) The reimbursement and benefits requirements of
this act shall not apply to PTSD resulting from events
occurring prior to the effective date of this act.
Section 6.The purpose or effect of this bill would
be to require a new or increased expenditure of local funds
within the meaning of Section 111.05 of the Constitution of
Alabama of 2022. If this bill is not enacted by a 2/3 vote, it
will not become effective with regard to a local entity unless
approved by the local entity or until, and only as long as,
the Legislature appropriates funds or provides for a local
source of revenue.
Section 7.This act shall become effective January
1, 2024, following its passage and approval by the Governor,
or its otherwise becoming law.
250
251
252
253
254
255
256
257
258
259
260
261
262
263
264
265
266
267
268
269
270
271
272
273