23 LC 39 3848S
H. B. 451 (SUB)
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The House Committee on Public Safety and Homeland Security offers the following
substitute to HB 451:
A BILL TO BE ENTITLED
AN ACT
To amend Title 45 of the Official Code of Georgia Annotated, relating to public officers and1
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 that the applicability of certain provisions shall be5
subject to appropriations; to provide for limitations and restrictions of such benefits; to6
provide for methods of funding; to provide for treatment of premiums; to amend Code7
Section 48-7-27 of the Official Code of Georgia Annotated, relating to computation of8
Georgia taxable net income, so as to provide an exemption for benefits received from such9
insurance coverage for first responders; to provide for related matters; to provide for an10
effective date and applicability; to repeal conflicting laws; and for other purposes.11
BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:12
SECTION 1.13
Title 45 of the Official Code of Georgia Annotated, relating to public officers and employees,14
is amended by adding a new chapter to read as follows:15 23 LC 39 3848S
H. B. 451 (SUB)
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"CHAPTER 2516
45-25-1.17
The Georgia General Assembly finds that:18
(1) First responders are often exposed to traumatic events in the line of duty and are at19
risk of developing post-traumatic stress disorder, which, if untreated, can result in the20
inability to serve as a first responder as well as grave health consequences, including21
death by suicide;22
(2) Major medical insurance provides coverage for mental health treatment on parity23
with other illnesses, and major medical insurance companies are best suited to help first24
responders identify healthcare providers who can treat post-traumatic stress disorder and25
provide coverage for treatment by such providers;26
(3) The Office of Public Safety Support within the Department of Public Safety was27
established to provide peer counselors and critical incident support services to first28
responders exposed to traumatic events at work. The intent of this chapter is to expand29
on this existing support by ensuring that, after a qualifying diagnosis of occupational30
post-traumatic stress disorder, such first responders have financial resources readily31
available to them;32
(4) Having financial resources readily available to meet the financial needs of first33
responders at the critically important time of identifying the mental health provider of34
their choice and beginning treatment, as well as having additional financial resources35
available for the continuation of treatment, pursuit of recovery, and return to service as36
first responders, will better serve first responders and their families; and37
(5) Nothing in this chapter is intended to reimburse for or provide mental health38
treatment or replace or disrupt coverage for mental health treatment under major medical39
insurance. Nothing in this chapter is intended to affect the rights provided under40
Chapter 9 of Title 34, relating to workers' compensation.41 23 LC 39 3848S
H. B. 451 (SUB)
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45-25-2.42
As used in this chapter, the term:43
(1) 'Covered condition' means an eligible first responder's occupational post-traumatic44
stress disorder that is the direct result of an experience of or an exposure to a traumatic45
event, wherein such experience or exposure takes place during the normal course of the46
first responder's regular occupational or volunteer duties on behalf of a public entity and47
the diagnosis is made no later than two years after the date of the traumatic event.48
(2) 'Eligible first responder' means a first responder who experienced or was exposed to49
a traumatic event during the normal course of performing regular occupational or50
volunteer duties on behalf of a public entity and such experience or exposure resulted in51
post-traumatic stress disorder, if the first responder received a diagnosis of post-traumatic52
stress disorder arising from such experience or exposure no later than two years after the53
traumatic event.54
(3) 'First responder' means any of the following:55
(A) Communications officer, as defined in Code Section 37-12-1;56
(B) Correctional officer, as defined in Code Section 45-1-8;57
(C) Emergency medical professional, as defined in Code Section 16-10-24.2;58
(D) Emergency medical technician, as defined in Code Section 16-10-24.2;59
(E) Firefighter, as defined in Code Section 25-4-2;60
(F) Highway emergency response operator, as defined in Code Section 45-1-8;61
(G) Jail officer, as defined in Code Section 45-1-8;62
(H) Juvenile correctional officer, as defined in Code Section 45-1-8;63
(I) Peace officer, as defined in Code Section 35-8-2;64
(J) Probation officer, as defined in Code Section 45-1-8; and65
(K) Law enforcement officer with the Department of Natural Resources.66
(4) 'Monthly salary' means regular monthly earnings excluding overtime, bonuses, and67
commissions.68 23 LC 39 3848S
H. B. 451 (SUB)
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(5) 'Post-traumatic stress disorder' means a disorder caused by experiencing or being69
exposed to a traumatic event and which satisfies the clinical diagnostic criteria set forth70
in the American Psychiatric Association's Diagnostic and Statistical Manual of Mental71
Disorders at the time of diagnosis.72
(6) 'Public entity' means a department agency, board, bureau, commission, authority, or73
instrumentality of the State of Georgia, any local government or authority, including a74
county, municipal, or consolidated government in this state, or any other political division75
in this state. Such term includes a school district, independent school district, or other76
local school system in this state.77
(7) 'Qualified diagnostician' means any of the following individuals who are board78
certified in the medical specialty appropriate for trauma related mental health diagnoses:79
(A) Nurse practitioner duly licensed in this state under Chapter 26 of Title 43 who is80
recognized by the Georgia Board of Nursing as a certified nurse practitioner;81
(B) Physician, as defined in Code Section 43-34-1;82
(C) Physician assistant, as defined in Code Section 43-34-23;83
(D) Psychiatrist duly authorized to practice psychiatry as provided in84
Code Section 43-34-21; and85
(E) Psychologist duly authorized to practice psychology as provided in Chapter 39 of86
Title 43.87
(8) 'Traumatic event' means an actual or threatened death, serious injury, or act of sexual88
violence that occurs on or after July 1, 2023, and which the first responder experienced89
or was exposed to during the normal course of the first responder's regular occupational90
or volunteer duties on behalf of a public entity. In cases involving multiple traumatic91
events occurring on or after July 1, 2023, the traumatic event is the most recent event92
determined by the qualified diagnostician to be related to the symptoms of post-traumatic93
stress disorder.94 23 LC 39 3848S
H. B. 451 (SUB)
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45-25-3.95
(a) A public entity shall provide and maintain sufficient insurance coverage on each of its96
first responders to pay the benefits described in subsection (b) of this Code section to97
eligible first responders with covered conditions arising from a traumatic event which the98
first responder experienced or was exposed to while performing first responder services for99
such public entity. Such coverage shall also pay such benefits for covered conditions100
arising from an employed first responder's services as a first responder volunteer for101
another public entity. In the event a volunteer first responder of one public entity is102
simultaneously employed as a first responder by another public entity, the public entity for103
which such person is a volunteer shall not be required to maintain the coverage on such104
volunteer otherwise required under this Code section during the period of such employment105
with the other public entity. In no circumstance shall a first responder be entitled, as a106
result of this chapter, to more than the lifetime benefits described under this chapter.107
(b) An eligible first responder with a covered condition shall be entitled to the following108
benefits:109
(1) One lump sum benefit per lifetime of $10,000.00 payable to the eligible first110
responder upon submission to the insurer of acceptable proof of a clinical diagnosis of111
a covered condition by a qualified diagnostician as provided for in subsection (e) of this112
Code section; and113
(2) An income replacement disability benefit payable as a result of a clinical diagnosis114
of a covered condition, which disability benefit is payable as described below:115
(A) If the first responder's qualified diagnostician determines that the covered116
condition precludes continuation of the first responder's regular occupational or117
volunteer duties as a first responder and provides proof acceptable to the insurer,118
including evidence of appropriate care and treatment, then the disability benefit shall119
begin ninety days after the date the covered condition first precludes continuation of120
such duties;121 23 LC 39 3848S
H. B. 451 (SUB)
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(B) The disability benefit shall continue, subject to standard requirements of disability122
insurances and subject to the cumulative lifetime disability benefit limit described in123
subparagraph (E) of this paragraph, during the period of continuous disability arising124
from the covered condition;125
(C) The disability benefit shall cease when the first responder's qualified diagnostician126
determines that the eligible first responder has regained the ability to perform the duties127
previously performed as a first responder;128
(D) Subject to the cumulative lifetime disability benefit limit provided for in129
subparagraph (E) of this paragraph, the disability benefit shall recommence if the first130
responder's qualified diagnostician determines that the eligible first responder has again131
become unable to perform his or her regular occupational or volunteer duties as a first132
responder due to a covered condition and provides proof acceptable to the insurer; and133
(E) The disability benefit shall end after a total of 36 monthly payments in the amount134
set forth below have been made to the eligible first responder:135
(i) If the eligible first responder is employed by a public entity, a monthly benefit136
equal to 60 percent of the eligible first responder's combined monthly salary for all137
public entities for which the first responder is employed as a first responder or a138
monthly benefit of $5,000.00, whichever is less; or139
(ii) If the eligible first responder is a volunteer first responder and not employed as140
a first responder by any public entity, a monthly benefit of $1,500.00.141
(c) Any first responder who receives income replacement disability benefits under142
paragraph (2) of subsection (b) of this Code section may be required by the insurer143
providing such benefits to have his or her condition reevaluated by a qualified144
diagnostician selected by the insurer. In the event any such reevaluation reveals that such145
first responder has regained the ability to perform the duties previously performed as a first146
responder, then such benefits shall cease.147 23 LC 39 3848S
H. B. 451 (SUB)
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(d) The benefits under paragraph (2) of subsection (b) of this Code section, as applicable,148
shall be subordinate to any other income replacement disability benefit actually paid to the149
first responder for such disability from any employer funded group long-term disability150
plan, not including any disability insurance purchased in whole or in part by the first151
responder, and shall be limited to the difference between the amount of such other paid152
benefit and the amount specified under subparagraph (b)(2)(E) of this Code section, as153
applicable.154
(e) Proof of a first responder's covered condition requires both of the following:155
(1) A clinical diagnosis of post-traumatic stress disorder made by a qualified156
diagnostician which substantiates that the clinical diagnosis is the direct result of157
experiencing or being exposed to a traumatic event, or repeated experiences or exposures158
to traumatic events, during his or her regular occupational or volunteer duties on behalf159
of a public entity. Such clinical diagnosis shall be made within two years following the160
date of the traumatic event, and such clinical diagnosis shall include documentation161
indicating the date and nature of the traumatic event or the most recent traumatic event162
related to the symptoms of post-traumatic stress disorder if due to repeated experiences163
or exposures; and164
(2) Written documentation of criteria required for the diagnosis of post-traumatic stress165
disorder under the American Psychiatric Association's Diagnostic and Statistical Manual166
of Mental Disorders at the time of diagnosis.167
(f) Information that reasonably could be used to identify individuals making claims or168
receiving benefits under this Code section must be treated as sensitive mental health169
information and, absent express authorization by the individual, may only be used and170
shared for administration of benefits, underwriting, and for purposes of aggregation and171
de-identification, and also may be used only in compliance with applicable laws and172
published privacy notices.173 23 LC 39 3848S
H. B. 451 (SUB)
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(g) The benefits shall be administered in a manner designed to ensure that first responders174
are able to obtain the lump sum benefit provided for in paragraph (1) of subsection (b) of175
this Code section in a confidential manner similar to receiving mental health benefits under176
an employer sponsored major medical health plan or employee assistance program, or, for177
the disability benefit provided for in paragraph (2) of subsection (b) of this Code section,178
in a confidential manner similar to receiving other employer sponsored disability benefits179
involving mental health issues. In no event shall information solely about an individual's180
diagnosis, claims, or benefits be used for any employment action.181
(h) The requirements of this Code section upon a public entity that is a department agency,182
board, bureau, commission, authority, or instrumentality of the State of Georgia shall be183
subject to appropriations by the General Assembly.184
45-25-4.185
The governing authority of any county, municipality, or consolidated government is186
authorized to use available revenues, including, but not limited to, proceeds from county187
and municipal taxes imposed under Chapter 8 of Title 33, for purposes of providing188
insurance under this chapter.189
45-25-5.190
Funds received as premiums for the coverages specified in this chapter shall not be subject191
to premium taxes under Chapter 8 of Title 33.192
45-25-6.193
The computation of premium amounts by an insurer for the coverages specified in this194
chapter shall be subject to generally accepted adjustments from insurance underwriting."195 23 LC 39 3848S
H. B. 451 (SUB)
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SECTION 2.196
Code Section 48-7-27 of the Official Code of Georgia Annotated, relating to computation of197
Georgia taxable net income, is amended in subsection (a) by adding a new paragraph to read198
as follows:199
"(12.5) Payments received by a first responder pursuant to subsection (b) of Code200
Section 45-25-3, to any extent such amounts are included in the taxpayer's federal201
adjusted gross income and are not otherwise exempt under any other provision of this202
Code section;"203
SECTION 3.204
This Act shall become effective July 1, 2023. Section 2 of this Act shall apply to taxable205
years beginning on or after January 1, 2023.206
SECTION 4.207
All laws and parts of laws in conflict with this Act are repealed.208