23 LC 52 0252
H. B. 451
- 1 -
House Bill 451
By: Representatives Seabaugh of the 34
th
, Kennard of the 101
st
, Hitchens of the 161
st
, Gaines
of the 120
th
, Camp of the 135
th
, and others
A BILL TO BE ENTITLED
AN ACT
To amend Title 45 of the Official Code of Georgia Annotated, relating to public officers and
1
employees, so as to require the provision of supplemental, illness-specific insurance to2
certain first responders diagnosed with occupational post-traumatic stress disorder; to provide3
for legislative findings; to provide for definitions; to provide for certain insurance benefits4
to eligible first responders; to provide for limitations and restrictions of such benefits; to5
provide for methods of funding; to provide for treatment of premiums; to amend Code6
Section 48-7-27 of the Official Code of Georgia Annotated, relating to computation of7
Georgia taxable net income, so as to provide an exemption for benefits received from such8
insurance coverage for first responders; to provide for related matters; to provide for an9
effective date; to repeal conflicting laws; and for other purposes.10
BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:11
SECTION 1.12
Title 45 of the Official Code of Georgia Annotated, relating to public officers and employees,13
is amended by adding a new chapter to read as follows:14 23 LC 52 0252
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"CHAPTER 2515
45-25-1.16
The Georgia General Assembly finds that:17
(1) First responders are often exposed to traumatic events in the line of duty and are at18
risk of developing post-traumatic stress disorder, which, if untreated, can result in the19
inability to serve as a first responder as well as grave health consequences, including20
death by suicide;21
(2) Major medical insurance provides coverage for mental health treatment on parity22
with other illnesses, and major medical insurance companies are best suited to help first23
responders identify healthcare providers who can treat post-traumatic stress disorder and24
provide coverage for treatment by such providers;25
(3) The Office of Public Safety Support within the Department of Public Safety was26
established to provide peer counselors and critical incident support services to first27
responders exposed to traumatic events at work. The intent of this chapter is to expand28
on this existing support by ensuring that, after a qualifying diagnosis of occupational29
post-traumatic stress disorder, such first responders have financial resources readily30
available to them;31
(4) Having financial resources readily available to meet the financial needs of first32
responders at the critically important time of identifying the mental healthcare provider33
of their choice and beginning treatment, as well as having additional financial resources34
available for the continuation of treatment, pursuit of recovery, and return to service as35
first responders, will better serve first responders and their families; and36
(5) Nothing in this chapter is intended to reimburse for or provide mental healthcare37
treatment or replace or disrupt coverage for mental health treatment under major medical38
insurance.39 23 LC 52 0252
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45-25-2.40
As used in this chapter, the term:41
(1) 'Covered condition' means an eligible first responder's occupational post-traumatic42
stress disorder that is the direct result of an experience of or an exposure to a traumatic43
event, wherein such experience or exposure takes place during the normal course of the44
first responder's regular occupational or volunteer duties on behalf of a public entity and45
the diagnosis is made no later than two years after the date of the traumatic event.46
(2) 'Eligible first responder' means a first responder who experienced or was exposed to47
a traumatic event during the normal course of performing regular occupational or48
volunteer duties on behalf of a public entity and such experience or exposure resulted in49
post-traumatic stress disorder, if the first responder received a diagnosis of post-traumatic50
stress disorder arising from such experience or exposure no later than two years after the51
traumatic event.52
(3) 'First responder' means a person designated or trained to respond to an emergency.53
Such term includes any of the following professions:54
(A) 'Communications officer' shall have the same meaning as provided in Code55
Section 37-12-1;56
(B) 'Correctional officer' shall have the same meaning as provided in Code57
Section 45-1-8;58
(C) 'Emergency medical professional' shall have the same meaning as provided in59
Code Section 16-10-24.2;60
(D) 'Emergency medical technician' shall have the same meaning as provided in Code61
Section 16-10-24.2;62
(E) 'Firefighter' shall have the same meaning as provided in Code Section 25-4-2;63
(F) 'Highway emergency response operator' shall have the same meaning as provided64
in Code Section 45-1-8;65
(G) 'Jail officer' shall have the same meaning as provided in Code Section 45-1-8;66 23 LC 52 0252
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(H) 'Juvenile correctional officer' shall have the same meaning as provided in Code67
Section 45-1-8;68
(I) 'Peace officer' shall have the same meaning as provided in Code Section 35-8-2; and69
(J) 'Probation officer' shall have the same meaning as provided in Code Section 45-1-8.70
(4) 'Monthly salary' means regular monthly earnings excluding overtime, bonuses, and71
commissions.72
(5) 'Post-traumatic stress disorder' means an anxiety disorder caused by experiencing or73
being exposed to a traumatic event and which satisfies the clinical diagnostic criteria set74
forth in the American Psychiatric Association's Diagnostic and Statistical Manual of75
Mental Disorders (DSM-5), in effect as of January 1, 2023.76
(6) 'Public entity' means a department agency, board, bureau, commission, authority, or77
instrumentality of the State of Georgia, any local government or authority, including a78
county, municipal, or consolidated government in this state, or any other political division79
in this state. Such term includes a school district, independent school district, or other80
local school system in this state.81
(7) 'Qualified diagnostician' means an individual that is board certified in the medical82
specialty appropriate for trauma related mental health diagnoses. Such term includes any83
of the following professions:84
(A) 'Nurse practitioner' means a nurse duly licensed in this state under Chapter 26 of85
Title 43;86
(B) 'Physician' shall have the same meaning as provided in Code Section 43-34-1;87
(C) 'Physician assistant' shall have the same meaning as provided in Code88
Section 43-34-23;89
(D) 'Psychiatrist' means a person duly authorized to practice psychiatry as provided for90
in Code Section 43-34-21; and91
(E) 'Psychologist' means a person duly authorized to practice psychology as provided92
in Chapter 39 of Title 43.93 23 LC 52 0252
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(8) 'Traumatic event' means an actual or threatened death, serious injury, or act of sexual94
violence that occurs on or after July 1, 2023, and which the first responder experienced95
or was exposed to during the normal course of the first responder's regular occupational96
or volunteer duties on behalf of a public entity. In cases involving multiple traumatic97
events occurring on or after July 1, 2023, the traumatic event is the most recent event98
determined by the qualified diagnostician to be related to the symptoms of post-traumatic99
stress disorder.100
45-25-3.101
(a) A public entity shall provide and maintain sufficient insurance coverage on each of its102
first responders to pay the benefits described in subsection (b) of this Code section to103
eligible first responders with covered conditions arising from a traumatic event which the104
first responder experienced or was exposed to while performing first responder services for105
such public entity. Such coverage shall also pay such benefits for covered conditions106
arising from an employed first responder's services as a first responder volunteer for107
another public entity. In the event a volunteer first responder of one public entity is108
simultaneously employed as a first responder by another public entity, the public entity for109
which such person is a volunteer shall not be required to maintain the coverage on such110
volunteer otherwise required under this Code section during the period of such employment111
with the other public entity. In no circumstance shall a first responder be entitled, as a112
result of this chapter, to more than the lifetime benefits described under this chapter.113
(b) An eligible first responder with a covered condition shall be entitled to the following114
benefits:115
(1) One lump sum benefit per lifetime of $10,000.00 payable to the eligible first116
responder upon submission to the insurer of acceptable proof of a clinical diagnosis of117
a covered condition by a qualified diagnostician as provided for in subsection (e) of this118
Code section; and119 23 LC 52 0252
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(2) An income replacement disability benefit payable as a result of a clinical diagnosis120
of a covered condition, which disability benefit is payable as described below:121
(A) If the first responder's qualified diagnostician determines that the covered122
condition precludes continuation of the first responder's regular occupational or123
volunteer duties as a first responder and provides proof acceptable to the insurer,124
including evidence of appropriate care and treatment, then the disability benefit shall125
begin ninety days after the date the covered condition first precludes continuation of126
such duties;127
(B) The disability benefit shall continue, subject to standard requirements of disability128
insurances and subject to the cumulative lifetime disability benefit limit described in129
subparagraph (E) of this paragraph, during the period of continuous disability arising130
from the covered condition;131
(C) The disability benefit shall cease when the first responder's qualified diagnostician132
determines that the eligible first responder has regained the ability to perform the duties133
previously performed as a first responder;134
(D) Subject to the cumulative lifetime disability benefit limit provided for in135
subparagraph (E) of this paragraph, the disability benefit shall recommence if the first136
responder's qualified diagnostician determines that the eligible first responder has again137
become unable to perform his or her regular occupational or volunteer duties as a first138
responder due to a covered condition and provides proof acceptable to the insurer; and139
(E) The disability benefit shall end after a total of 36 monthly payments in the amount140
set forth below have been made to the eligible first responder:141
(i) If the eligible first responder is employed by a public entity, a monthly benefit142
equal to 60 percent of the eligible first responder's combined monthly salary for all143
public entities for which the first responder is employed as a first responder or a144
monthly benefit of $5,000.00, whichever is less; or145 23 LC 52 0252
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(ii) If the eligible first responder is a volunteer first responder and not employed as146
a first responder by any public entity, a monthly benefit of $1,500.00.147
(c) Any first responder who receives income replacement disability benefits under148
paragraph (2) of subsection (b) of this Code section may be required by the insurer149
providing such benefits to have his or her condition reevaluated by a qualified150
diagnostician selected by the insurer. In the event any such reevaluation reveals that such151
first responder has regained the ability to perform the duties previously performed as a first152
responder, then such benefits shall cease.153
(d) The benefits under paragraph (2) of subsection (b) of this Code section, as applicable,154
shall be subordinate to any other income replacement disability benefit actually paid to the155
first responder for such disability from any employer funded group long-term disability156
plan, not including any disability insurance purchased in whole or in part by the first157
responder, and shall be limited to the difference between the amount of such other paid158
benefit and the amount specified under subparagraph (b)(2)(E) of this Code section, as159
applicable.160
(e) Proof of a first responder's covered condition requires both of the following:161
(1) A clinical diagnosis of post-traumatic stress disorder made by a qualified162
diagnostician which substantiates that the clinical diagnosis is the direct result of163
experiencing or being exposed to a traumatic event, or repeated experiences or exposures164
to traumatic events, during his or her regular occupational or volunteer duties on behalf165
of a public entity. Such clinical diagnosis shall be made within two years following the166
date of the traumatic event, and such clinical diagnosis shall include documentation167
indicating the date and nature of the traumatic event or the most recent traumatic event168
related to the symptoms of post-traumatic stress disorder if due to repeated experiences169
or exposures; and170 23 LC 52 0252
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(2) Written documentation of criteria required for the diagnosis of post-traumatic stress171
disorder under the American Psychiatric Association's Diagnostic and Statistical Manual172
of Mental Disorders (DSM-5), in effect as of January 1, 2023.173
(f) Information that reasonably could be used to identify individuals making claims or174
receiving benefits under this Code section must be treated as sensitive mental health175
information and, absent express authorization by the individual, may only be used and176
shared for administration of benefits, underwriting, and for purposes of aggregation and177
de-identification, and also may be used only in compliance with applicable laws and178
published privacy notices.179
(g) The benefits shall be administered in a manner designed to ensure that first responders180
are able to obtain the lump sum benefit provided for in paragraph (1) of subsection (b) of181
this Code section in a confidential manner similar to receiving mental health benefits under182
an employer sponsored major medical health plan or employee assistance program, or, for183
the disability benefit provided for in paragraph (2) of subsection (b) of this Code section,184
in a confidential manner similar to receiving other employer sponsored disability benefits185
involving mental health issues. In no event shall information solely about an individual's186
diagnosis, claims, or benefits be used for any employment action.187
45-25-4.188
The governing authority of any county, municipality, or consolidated government is189
authorized to use available revenues, including, but not limited to, proceeds from county190
and municipal taxes imposed under Chapter 8 of Title 33, for purposes of providing191
insurance under this chapter.192
45-25-5.193
Funds received as premiums for the coverages specified in this chapter shall not be subject194
to premium taxes under Chapter 8 of Title 33.195 23 LC 52 0252
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45-25-6.196
The computation of premium amounts by an insurer for the coverages specified in this197
chapter shall be subject to generally accepted adjustments from insurance underwriting."198
SECTION 2.199
Code Section 48-7-27 of the Official Code of Georgia Annotated, relating to computation of200
Georgia taxable net income, is amended in subsection (a) by adding a new paragraph to read201
as follows:202
"(12.5) Payments received by a first responder pursuant to subsection (b) of Code203
Section 45-25-3, to any extent such amounts are included in the taxpayer's federal204
adjusted gross income and are not otherwise exempt under any other provision of this205
Code section;"206
SECTION 3.207
This Act shall become effective upon its approval by the Governor or upon its becoming law208
without such approval.209
SECTION 4.210
All laws and parts of laws in conflict with this Act are repealed.211