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 Section 7-313h of the general statutes is repealed and the 1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