Connecticut 2019 Regular Session

Connecticut House Bill HB06384 Compare Versions

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7	6		General Assembly Committee Bill No. 6384
8	7		January Session, 2019
9	8		LCO No. 5547
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12	11		Referred to Committee on PUBLIC SAFETY AND SECURITY
13	12
14	13
15	14		Introduced by:
16	15		(PS)
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20	19		AN ACT CONCERNING TH E PAYMENT OF INSURANCE
21	20		DEDUCTIBLES AND LABO RATORY AND DIAGNOSTI C TESTING
22	21		FEES FROM THE FIREFIGHTERS CANCER RELIEF PROGRAM.
23	22		Be it enacted by the Senate and House of Representatives in General
24	23		Assembly convened:
25	24
26	25		Section 1. Section 7-313h of the general statutes is repealed and the 1
27	26		following is substituted in lieu thereof (Effective July 1, 2019): 2
28	27		(a) There is established an account to be known as the "firefighters 3
29	28		cancer relief account" which shall be a separate, nonlapsing account 4
30	29		within the General Fund. The account shall contain any moneys 5
31	30		required by law to be deposited in the account. Moneys in the account 6
32	31		shall be expended by the cancer relief subcommittee of the Connecticut 7
33	32		State Firefighters Association, established pursuant to section 7-313i, as 8
34	33		amended by this act, for the purposes of providing wage replacement 9
35	34		benefits to firefighters who are diagnosed with a condition of cancer 10
36	35		described in section 7-313j, as amended by this act, and reimbursement 11
37	36		of insurance deductibles and laboratory and diagnostic testing fees 12
38	37		related to such cancer. 13
39		-	(b) The State Treasurer shall invest the moneys deposited in the 14 Committee Bill No. 6384
	38	+	(b) The State Treasurer shall invest the moneys deposited in the 14
	39	+	Committee Bill No. 6384
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46	44		firefighters cancer relief account in a manner reasonable and 15
47	45		appropriate to achieve the objectives of such account, exercising the 16
48	46		discretion and care of a prudent person in similar circumstances with 17
49	47		similar objectives. The State Treasurer shall give due consideration to 18
50	48		rate of return, risk, term or maturity, diversification of the total 19
51	49		portfolio within such account, liquidity, the projected disbursements 20
52	50		and expenditures, and the expected payments, deposits, contributions 21
53	51		and gifts to be received. The moneys in such account shall be 22
54	52		continuously invested and reinvested in a manner consistent with the 23
55	53		objectives of such account until disbursed in accordance with section 3-24
56	54		123, as amended by this act, and section 7-313i, as amended by this act. 25
57	55		(c) The moneys in the firefighters cancer relief account shall be used 26
58	56		[solely for the purposes of providing] to provide wage replacement 27
59	57		benefits to firefighters who are diagnosed with a condition of cancer 28
60	58		described in section 7-313j, as amended by this act, to reimburse such 29
61	59		firefighters for health insurance deductibles or laboratory and 30
62	60		diagnostic testing fees related to such cancer and to fund the expenses 31
63	61		of administering the firefighters cancer relief program established 32
64	62		pursuant to section 7-313j, as amended by this act. 33
65	63		Sec. 2. Section 7-313i of the general statutes is repealed and the 34
66	64		following is substituted in lieu thereof (Effective July 1, 2019): 35
67	65		(a) There is established a firefighters cancer relief subcommittee of 36
68	66		the Connecticut State Firefighters Association that shall consist of one 37
69	67		member from the Connecticut State Firefighters Association, one 38
70	68		member from the Connecticut Fire Chiefs Association, one member 39
71	69		from the Uniformed Professional Firefighters of the International 40
72	70		Association of Firefighters, one member from the Connecticut Fire 41
73	71		Marshals Association, and one member from the Connecticut 42
74	72		Conference of Municipalities. Such subcommittee shall review claims 43
75	73		for wage replacement benefits or reimbursement of insurance 44
76	74		deductibles or laboratory or diagnostic testing fees submitted to the 45
77	75		firefighters cancer relief program established pursuant to section 7-46
78		-	~~313j, as amended by this act, and provide [wage replacement] such 47~~ Committee Bill No. 6384
	76	+	Committee Bill No. 6384
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	81	+	313j, as amended by this act, and provide [wage replacement] such 47
85	82		benefits or reimbursement, in accordance with the provisions of 48
86	83		subsection (b) of section 3-123, as amended by this act, to any 49
87	84		firefighter who the subcommittee determines is eligible for such [wage 50
88	85		replacement] benefits or reimbursement pursuant to the provisions of 51
89	86		section 7-313j, as amended by this act. The subcommittee may 52
90	87		determine the weekly wage replacement benefits provided to a 53
91	88		firefighter in accordance with the provisions of this chapter and 54
92	89		chapter 568. 55
93	90		(b) A firefighter who is approved for wage replacement benefits or 56
94	91		reimbursement of insurance deductibles or laboratory or diagnostic 57
95	92		testing fees by the subcommittee pursuant to subsection (a) of this 58
96	93		section shall be eligible for such benefits or reimbursement on and 59
97	94		after July 1, 2019, and for a period determined by the subcommittee, 60
98	95		provided such period shall not exceed twenty-four months. The 61
99	96		maximum weekly wage replacement benefit under this section shall be 62
100	97		determined by the subcommittee, provided such maximum weekly 63
101	98		wage replacement benefit shall not exceed one hundred per cent, 64
102	99		raised to the next even dollar, of the average weekly earnings of all 65
103	100		workers in the state for the year in which the condition of cancer was 66
104	101		diagnosed. The average weekly earnings of all workers in the state 67
105	102		shall be determined by the Labor Commissioner on or before the 68
106	103		fifteenth day of August of each year, to be effective the following 69
107	104		October first, and shall be the average of all workers' weekly earnings 70
108	105		for the year ending the previous June thirtieth and shall be so 71
109	106		determined in accordance with the standards for the determination of 72
110	107		average weekly earnings of all workers established by the United 73
111	108		States Department of Labor, Bureau of Labor Statistics. 74
112	109		(c) A firefighter may receive wage replacement benefits under this 75
113	110		section concurrently with any employer-provided employment 76
114	111		benefits, provided the total compensation of such firefighter during 77
115	112		such period of receiving benefits under this section shall not exceed 78
116	113		such firefighter's pay rate at the time such firefighter was diagnosed 79
117		-	~~with a condition of cancer described in section 7-313j, as amended by 80~~ Committee Bill No. 6384
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	119	+	with a condition of cancer described in section 7-313j, as amended by 80
124	120		this act. 81
125	121		(d) No firefighter shall receive [compensation] wage replacement 82
126	122		benefits under this section concurrently with the provisions of chapter 83
127	123		567 or 568 or any other municipal, state or federal program that 84
128	124		provides wage replacement benefits. 85
129	125		(e) No approval of wage replacement benefits or reimbursement of 86
130	126		insurance deductibles or laboratory or diagnostic testing fees for a 87
131	127		firefighter by the subcommittee pursuant to subsection (a) of this 88
132	128		section shall be used as evidence, proof or an [acknowledgement] 89
133	129		acknowledgment of liability or causation in any proceeding under 90
134	130		chapter 568. 91
135	131		(f) Notwithstanding any other provision of the general statutes, any 92
136	132		employer who provides accident and health insurance or life insurance 93
137	133		coverage for a firefighter or makes payments or contributions at the 94
138	134		regular hourly or weekly rate for the firefighter to an employee welfare 95
139	135		plan, shall provide to the firefighter equivalent insurance coverage or 96
140	136		welfare plan payments or contributions while the firefighter is eligible 97
141	137		to receive or is receiving wage replacement compensation under this 98
142	138		section. As used in this section, "employee welfare plan" means any 99
143	139		plan established or maintained for such firefighter or such firefighter's 100
144	140		family or dependents, or for both, for medical, surgical or hospital care 101
145	141		benefits. 102
146	142		(g) The State Treasurer shall remit wage replacement benefits and 103
147	143		reimbursement of insurance deductibles or laboratory or diagnostic 104
148	144		testing fees that are approved by the subcommittee from the 105
149	145		firefighters cancer relief account established pursuant to section 7-106
150	146		313h, as amended by this act, not later than thirty days after such 107
151	147		benefits have been approved. 108
152	148		Sec. 3. Section 7-313j of the general statutes is repealed and the 109
153	149		following is substituted in lieu thereof (Effective July 1, 2019): 110
154		-	~~(a) There is established a firefighters cancer relief program, the 111~~ Committee Bill No. 6384
	150	+	Committee Bill No. 6384
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	155	+	(a) There is established a firefighters cancer relief program, the 111
161	156		purpose of which is to provide (1) wage replacement benefits to 112
162	157		firefighters who are diagnosed with certain conditions of cancer as a 113
163	158		result of their service as firefighters, and (2) reimbursement to such 114
164	159		firefighters for insurance deductibles or laboratory or diagnostic 115
165	160		testing fees related to such cancer. 116
166	161		(b) A firefighter shall be eligible for wage replacement benefits or 117
167	162		reimbursement of insurance deductibles or laboratory or diagnostic 118
168	163		testing fees for any condition of cancer affecting the brain, skin, 119
169	164		skeletal system, digestive system, endocrine system, respiratory 120
170	165		system, lymphatic system, reproductive system, urinary system or 121
171	166		hematological system that results in death, or temporary or permanent 122
172	167		total or partial disability, provided (1) such firefighter successfully 123
173	168		passed a physical examination upon entry into such service, or 124
174	169		subsequent to entry, as the case may be, that failed to reveal any 125
175	170		evidence of such cancer, (2) such firefighter has submitted to annual 126
176	171		physical examinations subsequent to entry into such service that have 127
177	172		failed to reveal any evidence of such cancer or a propensity for such 128
178	173		cancer, (3) such firefighter has not used any cigarettes, as defined in 129
179	174		section 12-285, or any other tobacco products, as defined in section 12-130
180	175		330a, within fifteen years of applying for wage replacement benefits or 131
181	176		reimbursement of insurance deductibles or laboratory or diagnostic 132
182	177		testing fees pursuant to subsection (b) or (c) of this section, (4) such 133
183	178		firefighter has worked for not less than five years on or after February 134
184	179		1, 2017, as (A) an interior structural firefighter at a paid municipal, 135
185	180		state or volunteer fire department, or (B) a local fire marshal, deputy 136
186	181		fire marshal, fire investigator, fire inspector or such other class of 137
187	182		inspector or investigator for whom the State Fire Marshal and the 138
188	183		Codes and Standards Committee, acting jointly, have adopted 139
189	184		minimum standards of qualification pursuant to section 29-298, at the 140
190	185		time such cancer is discovered, or should have been discovered, (5) 141
191	186		such firefighter has complied with the federal Occupational Safety and 142
192	187		Health Act standards adopted pursuant to 29 CFR 1910.134 and 29 143
193	188		CFR 1910.156 for a period of not less than five consecutive years, and 144
194		-	~~(6) such cancer is one that is known to result from exposure to heat, 145~~ Committee Bill No. 6384
	189	+	Committee Bill No. 6384
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	194	+	(6) such cancer is one that is known to result from exposure to heat, 145
201	195		radiation or a known carcinogen as determined by the International 146
202	196		Agency for Research on Cancer or the National Toxicology Program of 147
203	197		the United States Department of Health and Human Services. For 148
204	198		purposes of this subsection, "interior structural firefighter" means an 149
205	199		individual who performs fire suppression, rescue or both, inside of 150
206	200		buildings or enclosed structures that are involved in a fire situation 151
207	201		beyond the incipient stage, as defined in 29 CFR 1910.155. 152
208	202		(c) Any individual who is no longer actively serving as a firefighter 153
209	203		but who otherwise would be eligible for wage replacement benefits or 154
210	204		reimbursement of insurance deductibles or laboratory or diagnostic 155
211	205		testing fees pursuant to [the provisions of] subsection (b) of this section 156
212	206		[,] may apply for such benefits not more than five years from the date 157
213	207		such individual last served as a firefighter. 158
214	208		(d) A firefighter or individual applying for wage replacement 159
215	209		benefits or reimbursement of insurance deductibles or laboratory or 160
216	210		diagnostic testing fees pursuant to subsection (b) or (c) of this section 161
217	211		shall be required to submit to annual physical examinations, including 162
218	212		blood testing, during his or her active service and for a period of five 163
219	213		years after the date such individual last served as a firefighter as a 164
220	214		condition of receiving such benefits or reimbursement. An individual 165
221	215		who no longer serves as a firefighter shall bear the cost of any physical 166
222	216		examination required under this subsection, except the cost of an 167
223	217		insurance deductible or laboratory or diagnostic testing fee approved 168
224	218		for reimbursement. 169
225	219		Sec. 4. Section 3-123 of the general statutes is repealed and the 170
226	220		following is substituted in lieu thereof (Effective July 1, 2019): 171
227	221		(a) Whenever a person, under the provisions of the constitution and 172
228	222		bylaws of the Connecticut State Firefighters Association, is entitled to 173
229	223		relief from said association, as a firefighter injured in the line of duty, 174
230	224		or rendered sick by disease contracted while in the line of duty, or as 175
231	225		the widow or child of a firefighter killed in the line of duty, the 176
232		-	~~Commissioner of Emergency Services and Public Protection shall, 177~~ Committee Bill No. 6384
	226	+	Committee Bill No. 6384
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	231	+	Commissioner of Emergency Services and Public Protection shall, 177
239	232		upon the delivery to said commissioner of proper proofs from said 178
240	233		association of the right of such person to relief as aforesaid, process 179
241	234		payment for such person or persons entitled to such relief, or their 180
242	235		legal representative, for the amount to which such person or persons 181
243	236		are entitled as relief as aforesaid, provided such orders shall be limited 182
244	237		to available appropriations. 183
245	238		(b) Whenever a firefighter, under the provisions of the constitution 184
246	239		and bylaws of the Connecticut State Firefighters Association, is entitled 185
247	240		to wage replacement benefits or reimbursement of insurance 186
248	241		deductibles or laboratory or diagnostic testing fees from said 187
249	242		association pursuant to the firefighters cancer relief program 188
250	243		established pursuant to section 7-313j, as amended by this act, the State 189
251	244		Treasurer shall, upon the delivery to the State Treasurer of proper 190
252	245		proof from said association of the right of such firefighter to wage 191
253	246		replacement benefits or reimbursement of insurance deductibles or 192
254	247		laboratory or diagnostic testing fees as aforesaid, process payment for 193
255	248		such firefighter, [entitled to such wage replacement benefits,] or his or 194
256	249		her legal representative, for the amount to which such firefighter is 195
257	250		entitled [as wage replacement benefits] as aforesaid, provided such 196
258	251		orders shall be limited to available funds contained in the firefighters 197
259	252		cancer relief account established pursuant to section 7-313h, as 198
260	253		amended by this act. 199
261	254		This act shall take effect as follows and shall amend the following
262	255		sections:
263	256
264	257		Section 1 July 1, 2019 7-313h
265	258		Sec. 2 July 1, 2019 7-313i
266	259		Sec. 3 July 1, 2019 7-313j
267	260		Sec. 4 July 1, 2019 3-123
268	261
269		-	PS Joint Favorable
	262	+	Committee Bill No. 6384
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	267	+	Statement of Purpose:
	268	+	To allow the Firefighters Cancer Relief Program to reimburse eligible
	269	+	firefighters for insurance deductibles and laboratory and diagnostic
	270	+	testing fees.
	271	+	[Proposed deletions are enclosed in brackets. Proposed additions are indicated by underline,
	272	+	except that when the entire text of a bill or resolution or a section of a bill or resolution is new, it is
	273	+	not underlined.]
	274	+
	275	+	Co-Sponsors: REP. COOK, 65th Dist.; REP. MICHEL, 146th Dist.
	276	+	REP. CAMILLO, 151st Dist.
	277	+
	278	+	H.B. 6384
	279	+
270	280