Connecticut 2023 Regular Session

Connecticut Senate Bill SB00913 Compare Versions

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4		-	Substitute Senate Bill No. 913
5		-
6		-	Public Act No. 23-35
	5	+	General Assembly Substitute Bill No. 913
	6	+	January Session, 2023
7	7
8	8
9		-	AN ACT EXPANDING WORKERS' COMPENSATION COVERAGE
10		-	FOR POST -TRAUMATIC STRESS INJURIES FOR ALL
11		-	EMPLOYEES.
	9	+	AN ACT EXPANDING WORKERS' COMPENSATION COVERAGE FOR
	10	+	POST-TRAUMATIC STRESS INJURIES FOR ALL EMPLOYEES.
12	11		Be it enacted by the Senate and House of Representatives in General
13	12		Assembly convened:
14	13
15		-	Section 1. Subsections (a) and (b) of section 31-294k of the general
16		-	statutes are repealed and the following is substituted in lieu thereof
17		-	(Effective January 1, 2024):
18		-	(a) As used in this section:
19		-	(1) "COVID-19" means the respiratory disease designated by the
20		-	World Health Organization on February 11, 2020, as coronavirus 2019,
21		-	and any related mutation thereof recognized by the World Health
22		-	Organization as a communicable respiratory disease;
23		-	(2) "Eligible individual" means a police officer, firefighter, emergency
24		-	medical services personnel, Department of Correction employee,
25		-	telecommunicator or health care provider, and on and after January 1,
26		-	2024, an employee;
27		-	(3) "Emergency medical services personnel" has the same meaning as
28		-	provided in section 20-206jj; Substitute Senate Bill No. 913
	14	+	Section 1. Subsections (a) and (b) of section 31-294k of the general 1
	15	+	statutes are repealed and the following is substituted in lieu thereof 2
	16	+	(Effective January 1, 2024): 3
	17	+	(a) As used in this section: 4
	18	+	(1) "COVID-19" means the respiratory disease designated by the 5
	19	+	World Health Organization on February 11, 2020, as coronavirus 2019, 6
	20	+	and any related mutation thereof recognized by the World Health 7
	21	+	Organization as a communicable respiratory disease; 8
	22	+	(2) "Eligible individual" means a police officer, firefighter, emergency 9
	23	+	medical services personnel, Department of Correction employee, 10
	24	+	telecommunicator or health care provider, and on and after January 1, 11
	25	+	2024, an employee; 12
	26	+	(3) "Emergency medical services personnel" has the same meaning as 13
	27	+	provided in section 20-206jj; 14
	28	+	(4) "Employee" has the same meaning as provided in section 31-275; 15
	29	+	[(4)] (5) "Firefighter" has the same meaning as provided in section 7-16
	30	+	313g; 17 Substitute Bill No. 913
29	31
30		-	Public Act No. 23-35 2 of 6
31	32
32		-	(4) "Employee" has the same meaning as provided in section 31-275;
33		-	[(4)] (5) "Firefighter" has the same meaning as provided in section 7-
34		-	313g;
35		-	[(5)] (6) "Health care provider" means (A) a person employed at a
36		-	doctor's office, hospital, health care center, clinic, medical school, local
37		-	health department or agency, nursing facility, retirement facility,
38		-	nursing home, group home, home health care provider, any facility that
39		-	performs laboratory or medical testing, pharmacy or any similar
40		-	institution, or (B) a person employed to provide personal care
41		-	assistance, as defined in section 17b-706, in or about a private dwelling,
42		-	provided such person is regularly employed by the owner or occupier
43		-	of the dwelling for more than twenty-six hours per week;
44		-	[(6)] (7) "In the line of duty" means any action that an eligible
45		-	individual is obligated or authorized by law, rule, regulation or written
46		-	condition of employment service to perform, or for which the eligible
47		-	individual is compensated by the public entity such individual serves,
48		-	except that, in the case of a volunteer firefighter, such action or service
49		-	constitutes fire duties, as defined in subsection (b) of section 7-314b;
50		-	[(7)] (8) "Mental health professional" means a board-certified
51		-	psychiatrist or a psychologist licensed pursuant to chapter 383, who has
52		-	experience diagnosing and treating post-traumatic stress injury;
53		-	[(8)] (9) "Parole officer" means an employee of the Department of
54		-	Correction who supervises inmates in the community after their release
55		-	from prison on parole or under another prison release program;
56		-	[(9)] (10) "Police officer" has the same meaning as provided in section
57		-	7-294a, except that "police officer" does not include an officer of a law
58		-	enforcement unit of the Mashantucket Pequot Tribe or the Mohegan
59		-	Tribe of Indians of Connecticut; Substitute Senate Bill No. 913
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61		-	Public Act No. 23-35 3 of 6
	37	+	[(5)] (6) "Health care provider" means (A) a person employed at a 18
	38	+	doctor's office, hospital, health care center, clinic, medical school, local 19
	39	+	health department or agency, nursing facility, retirement facility, 20
	40	+	nursing home, group home, home health care provider, any facility that 21
	41	+	performs laboratory or medical testing, pharmacy or any similar 22
	42	+	institution, or (B) a person employed to provide personal care 23
	43	+	assistance, as defined in section 17b-706, in or about a private dwelling, 24
	44	+	provided such person is regularly employed by the owner or occupier 25
	45	+	of the dwelling for more than twenty-six hours per week; 26
	46	+	[(6)] (7) "In the line of duty" means any action that an eligible 27
	47	+	individual is obligated or authorized by law, rule, regulation or written 28
	48	+	condition of employment service to perform, or for which the eligible 29
	49	+	individual is compensated by the public entity such individual serves, 30
	50	+	except that, in the case of a volunteer firefighter, such action or service 31
	51	+	constitutes fire duties, as defined in subsection (b) of section 7-314b; 32
	52	+	[(7)] (8) "Mental health professional" means a board-certified 33
	53	+	psychiatrist or a psychologist licensed pursuant to chapter 383, who has 34
	54	+	experience diagnosing and treating post-traumatic stress injury; 35
	55	+	[(8)] (9) "Parole officer" means an employee of the Department of 36
	56	+	Correction who supervises inmates in the community after their release 37
	57	+	from prison on parole or under another prison release program; 38
	58	+	[(9)] (10) "Police officer" has the same meaning as provided in section 39
	59	+	7-294a, except that "police officer" does not include an officer of a law 40
	60	+	enforcement unit of the Mashantucket Pequot Tribe or the Mohegan 41
	61	+	Tribe of Indians of Connecticut; 42
	62	+	[(10)] (11) "Post-traumatic stress injury" means an injury that meets 43
	63	+	the diagnostic criteria for post-traumatic stress disorder as specified in 44
	64	+	the most recent edition of the American Psychiatric Association's 45
	65	+	"Diagnostic and Statistical Manual of Mental Disorders"; 46
	66	+	[(11)] (12) "Qualifying event" means: 47 Substitute Bill No. 913
62	67
63		-	[(10)] (11) "Post-traumatic stress injury" means an injury that meets
64		-	the diagnostic criteria for post-traumatic stress disorder as specified in
65		-	the most recent edition of the American Psychiatric Association's
66		-	"Diagnostic and Statistical Manual of Mental Disorders";
67		-	[(11)] (12) "Qualifying event" means:
68		-	(A) An event occurring in the line of duty on or after July 1, 2019, in
69		-	which a police officer, parole officer, firefighter, emergency medical
70		-	services personnel, Department of Correction employee or
71		-	telecommunicator:
72		-	(i) Views a deceased minor;
73		-	(ii) Witnesses the death of a person or an incident involving the death
74		-	of a person;
75		-	(iii) Witnesses an injury to a person who subsequently dies before or
76		-	upon admission at a hospital as a result of the injury and not as a result
77		-	of any other intervening cause;
78		-	(iv) Has physical contact with and treats an injured person who
79		-	subsequently dies before or upon admission at a hospital as a result of
80		-	the injury and not as a result of any other intervening cause;
81		-	(v) Carries an injured person who subsequently dies before or upon
82		-	admission at a hospital as a result of the injury and not as a result of any
83		-	other intervening cause; or
84		-	(vi) Witnesses a traumatic physical injury that results in the loss of a
85		-	vital body part or a vital body function that results in permanent
86		-	disfigurement of the victim; [, or]
87		-	(B) An event arising out of and in the course of employment on or
88		-	after March 10, 2020, in which an eligible individual who is a health care
89		-	provider is engaged in activities substantially dedicated to mitigating or Substitute Senate Bill No. 913
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93		-	responding to the public health and civil preparedness emergencies
94		-	declared by the Governor on March 10, 2020, or any extension of such
95		-	emergency declarations; [,] and:
96		-	(i) Witnesses the death of a person due to COVID-19 or due to
97		-	symptoms that were later diagnosed as COVID-19;
98		-	(ii) Witnesses an injury to a person who subsequently dies as a result
99		-	of COVID-19 or due to symptoms that were later diagnosed as COVID-
100		-	19;
101		-	(iii) Has physical contact with and treats or provides care for a person
102		-	who subsequently dies as a result of COVID-19 or due to symptoms that
103		-	were later diagnosed as COVID-19; or
104		-	(iv) Witnesses a traumatic physical injury that results in the loss of a
105		-	vital body function of a person due to COVID-19 or due to symptoms
106		-	that were later diagnosed as COVID-19; or
107		-	(C) An event arising out of and in the course of employment on and
108		-	after January 1, 2024, in which an employee:
109		-	(i) Views a deceased minor;
110		-	(ii) Witnesses the death of a person or an incident involving the death
111		-	of a person;
112		-	(iii) Witnesses an injury to a person who subsequently dies before or
113		-	upon admission at a hospital as a result of the injury and not as a result
114		-	of any other intervening cause;
115		-	(iv) Has physical contact with and treats an injured person who
116		-	subsequently dies before or upon admission at a hospital as a result of
117		-	the injury and not as a result of any other intervening cause;
118		-	(v) Carries an injured person who subsequently dies before or upon Substitute Senate Bill No. 913
	73	+	(A) An event occurring in the line of duty on or after July 1, 2019, in 48
	74	+	which a police officer, parole officer, firefighter, emergency medical 49
	75	+	services personnel, Department of Correction employee or 50
	76	+	telecommunicator: 51
	77	+	(i) Views a deceased minor; 52
	78	+	(ii) Witnesses the death of a person or an incident involving the death 53
	79	+	of a person; 54
	80	+	(iii) Witnesses an injury to a person who subsequently dies before or 55
	81	+	upon admission at a hospital as a result of the injury and not as a result 56
	82	+	of any other intervening cause; 57
	83	+	(iv) Has physical contact with and treats an injured person who 58
	84	+	subsequently dies before or upon admission at a hospital as a result of 59
	85	+	the injury and not as a result of any other intervening cause; 60
	86	+	(v) Carries an injured person who subsequently dies before or upon 61
	87	+	admission at a hospital as a result of the injury and not as a result of any 62
	88	+	other intervening cause; or 63
	89	+	(vi) Witnesses a traumatic physical injury that results in the loss of a 64
	90	+	vital body part or a vital body function that results in permanent 65
	91	+	disfigurement of the victim; [, or] 66
	92	+	(B) An event arising out of and in the course of employment on or 67
	93	+	after March 10, 2020, in which an eligible individual who is a health care 68
	94	+	provider is engaged in activities substantially dedicated to mitigating or 69
	95	+	responding to the public health and civil preparedness emergencies 70
	96	+	declared by the Governor on March 10, 2020, or any extension of such 71
	97	+	emergency declarations; [,] and: 72
	98	+	(i) Witnesses the death of a person due to COVID-19 or due to 73
	99	+	symptoms that were later diagnosed as COVID-19; 74
	100	+	(ii) Witnesses an injury to a person who subsequently dies as a result 75 Substitute Bill No. 913
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120		-	Public Act No. 23-35 5 of 6
121	102
122		-	admission at a hospital as a result of the injury and not as a result of any
123		-	other intervening cause; or
124		-	(vi) Witnesses a traumatic physical injury that results in the loss of a
125		-	vital body part or a vital body function that results in permanent
126		-	disfigurement of the victim;
127		-	[(12)] (13) "Telecommunicator" has the same meaning as provided in
128		-	section 28-30; and
129		-	[(13)] (14) "Witnesses" means, for an eligible individual who is a
130		-	telecommunicator, hears by telephone or radio while directly
131		-	responding to an emergency call that constitutes a qualifying event
132		-	under this section and providing a dispatch assignment.
133		-	(b) A diagnosis of post-traumatic stress injury is compensable as a
134		-	personal injury as described in subparagraph (B)(ii)(III) of subdivision
135		-	(16) of section 31-275 if a mental health professional examines the
136		-	eligible individual and diagnoses [the] such individual with a post-
137		-	traumatic stress injury as a direct result of a qualifying event, provided
138		-	(1) the post-traumatic stress injury resulted from (A) the eligible
139		-	individual acting in the line of duty if such individual is a police officer,
140		-	firefighter, emergency medical services personnel, Department of
141		-	Correction employee or telecommunicator and, in the case of a
142		-	firefighter, such firefighter complied with Federal Occupational Safety
143		-	and Health Act standards adopted pursuant to 29 CFR 1910.134 and 29
144		-	CFR 1910.156, or (B) the eligible individual acting the course of
145		-	employment if such individual is a health care provider or other
146		-	employee, on and after January 1, 2024, (2) a qualifying event was a
147		-	substantial factor in causing the injury, and (3) the post-traumatic stress
148		-	injury did not result from any disciplinary action, work evaluation, job
149		-	transfer, layoff, demotion, promotion, termination, retirement or similar
150		-	action of the eligible individual. Any such mental health professional
151		-	shall comply with any workers' compensation guidelines for approved Substitute Senate Bill No. 913
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153		-	Public Act No. 23-35 6 of 6
	107	+	of COVID-19 or due to symptoms that were later diagnosed as COVID-76
	108	+	19; 77
	109	+	(iii) Has physical contact with and treats or provides care for a person 78
	110	+	who subsequently dies as a result of COVID-19 or due to symptoms that 79
	111	+	were later diagnosed as COVID-19; or 80
	112	+	(iv) Witnesses a traumatic physical injury that results in the loss of a 81
	113	+	vital body function of a person due to COVID-19 or due to symptoms 82
	114	+	that were later diagnosed as COVID-19; or 83
	115	+	(C) An event arising out of and in the course of employment on and 84
	116	+	after January 1, 2024, in which an employee: 85
	117	+	(i) Views a deceased minor; 86
	118	+	(ii) Witnesses the death of a person or an incident involving the death 87
	119	+	of a person; 88
	120	+	(iii) Witnesses an injury to a person who subsequently dies before or 89
	121	+	upon admission at a hospital as a result of the injury and not as a result 90
	122	+	of any other intervening cause; 91
	123	+	(iv) Has physical contact with and treats an injured person who 92
	124	+	subsequently dies before or upon admission at a hospital as a result of 93
	125	+	the injury and not as a result of any other intervening cause; 94
	126	+	(v) Carries an injured person who subsequently dies before or upon 95
	127	+	admission at a hospital as a result of the injury and not as a result of any 96
	128	+	other intervening cause; or 97
	129	+	(vi) Witnesses a traumatic physical injury that results in the loss of a 98
	130	+	vital body part or a vital body function that results in permanent 99
	131	+	disfigurement of the victim; 100
	132	+	[(12)] (13) "Telecommunicator" has the same meaning as provided in 101
	133	+	section 28-30; and 102 Substitute Bill No. 913
154	134
155		-	medical providers, including, but not limited to, guidelines on release
156		-	of past or contemporaneous medical records.
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	139	+
	140	+	[(13)] (14) "Witnesses" means, for an eligible individual who is a 103
	141	+	telecommunicator, hears by telephone or radio while directly 104
	142	+	responding to an emergency call that constitutes a qualifying event 105
	143	+	under this section and providing a dispatch assignment. 106
	144	+	(b) A diagnosis of post-traumatic stress injury is compensable as a 107
	145	+	personal injury as described in subparagraph (B)(ii)(III) of subdivision 108
	146	+	(16) of section 31-275 if a mental health professional examines the 109
	147	+	eligible individual and diagnoses [the] such individual with a post-110
	148	+	traumatic stress injury as a direct result of a qualifying event, provided 111
	149	+	(1) the post-traumatic stress injury resulted from (A) the eligible 112
	150	+	individual acting in the line of duty if such individual is a police officer, 113
	151	+	firefighter, emergency medical services personnel, Department of 114
	152	+	Correction employee or telecommunicator and, in the case of a 115
	153	+	firefighter, such firefighter complied with Federal Occupational Safety 116
	154	+	and Health Act standards adopted pursuant to 29 CFR 1910.134 and 29 117
	155	+	CFR 1910.156, or (B) the eligible individual acting the course of 118
	156	+	employment if such individual is a health care provider or other 119
	157	+	employee, on and after January 1, 2024, (2) a qualifying event was a 120
	158	+	substantial factor in causing the injury, and (3) the post-traumatic stress 121
	159	+	injury did not result from any disciplinary action, work evaluation, job 122
	160	+	transfer, layoff, demotion, promotion, termination, retirement or similar 123
	161	+	action of the eligible individual. Any such mental health professional 124
	162	+	shall comply with any workers' compensation guidelines for approved 125
	163	+	medical providers, including, but not limited to, guidelines on release 126
	164	+	of past or contemporaneous medical records. 127
	165	+	This act shall take effect as follows and shall amend the following
	166	+	sections:
	167	+
	168	+	Section 1 January 1, 2024 31-294k(a) and (b)
	169	+
	170	+
	171	+	LAB Joint Favorable Subst. -LCO
	172	+	APP Joint Favorable Substitute Bill No. 913
	173	+
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