24 LC 39 4113S
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 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 and applicability; 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
H. B. 451 (SUB)
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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
H. B. 451 (SUB)
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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 any of the following:53
(A) 'Communications officer' as defined in Code Section 37-12-1;54
(B) 'Correctional officer' as defined in Code Section 45-1-8;55
(C) 'Emergency medical professional' as defined in Code Section 16-10-24.2;56
(D) 'Emergency medical technician' as defined in Code Section 16-10-24.2;57
(E) 'Firefighter' as defined in Code Section 25-4-2;58
(F) 'Highway emergency response operator' as defined in Code Section 45-1-8;59
(G) 'Jail officer' as defined in Code Section 45-1-8;60
(H) 'Juvenile correctional officer' as defined in Code Section 45-1-8;61
(I) 'Peace officer' as defined in Code Section 35-8-2;62
(J) 'Probation officer' as defined in Code Section 45-1-8; and63
(K) Law enforcement officer with the Department of Natural Resources.64
H. B. 451 (SUB)
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(4) 'Monthly salary' means regular monthly earnings excluding overtime, bonuses, and65
commissions.66
(5) 'Post-traumatic stress disorder' means an anxiety disorder caused by experiencing or67
being exposed to a traumatic event and which satisfies the clinical diagnostic criteria set68
forth in the most recent published edition of the American Psychiatric Association's69
Diagnostic and Statistical Manual of Mental Disorders at the time of diagnosis.70
(6) 'Public entity' means a department, agency, board, bureau, commission, authority, or71
instrumentality of the State of Georgia, any local government or authority, including a72
county, municipal, or consolidated government in this state, or any other political division73
in this state. Such term includes a school district, independent school district, or other74
local school system in this state.75
(7) 'Qualified diagnostician' means any of the following individuals who are board76
certified in the medical specialty appropriate for trauma related mental health diagnoses:77
(A) Nurse practitioner duly licensed in this state under Chapter 26 of Title 43 who is78
recognized by the Georgia Board of Nursing as a certified nurse practitioner;79
(B) 'Physician' as defined in Code Section 43-34-1;80
(C) 'Physician assistant' as defined in Code Section 43-34-23;81
(D) Psychiatrist duly authorized to practice psychiatry under the laws of this state; and82
(E) Psychologist duly authorized to practice psychology as provided in Chapter 39 of83
Title 43.84
(8) 'Traumatic event' means an actual or threatened death, serious injury, or act of sexual85
violence that occurs on or after July 1, 2024, and which the first responder experienced86
or was exposed to during the normal course of the first responder's regular occupational87
or volunteer duties on behalf of a public entity. In cases involving multiple traumatic88
events occurring on or after July 1, 2024, the traumatic event is the most recent event89
determined by the qualified diagnostician to be related to the symptoms of post-traumatic90
stress disorder.91
H. B. 451 (SUB)
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45-25-3.92
(a) A public entity shall provide and maintain sufficient insurance coverage on each of its93
first responders to pay the benefits described in subsection (b) of this Code section to94
eligible first responders with covered conditions arising from a traumatic event which the95
first responder experienced or was exposed to while performing first responder services for96
such public entity. Such coverage shall also pay such benefits for covered conditions97
arising from an employed first responder's services as a first responder volunteer for98
another public entity. In the event a volunteer first responder of one public entity is99
simultaneously employed as a first responder by another public entity, the public entity for100
which such person is a volunteer shall not be required to maintain the coverage on such101
volunteer otherwise required under this Code section during the period of such employment102
with the other public entity. In no circumstance shall a first responder be entitled, as a103
result of this chapter, to more than the lifetime benefits described under this chapter.104
(b) An eligible first responder with a covered condition shall be entitled to the following105
benefits:106
(1) One lump sum benefit per lifetime of $10,000.00 payable to the eligible first107
responder upon submission to the insurer of acceptable proof of a clinical diagnosis of108
a covered condition by a qualified diagnostician as provided for in subsection (e) of this109
Code section; and110
(2) An income replacement disability benefit payable as a result of a clinical diagnosis111
of a covered condition, which disability benefit is payable as described below:112
(A) If the first responder's qualified diagnostician determines that the covered113
condition precludes continuation of the first responder's regular occupational or114
volunteer duties as a first responder and provides proof acceptable to the insurer,115
including evidence of appropriate care and treatment, then the disability benefit shall116
begin 90 days after the date the covered condition first precludes continuation of such117
duties;118
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(B) The disability benefit shall continue, subject to standard requirements of disability119
insurances and subject to the cumulative lifetime disability benefit limit described in120
subparagraph (E) of this paragraph, during the period of continuous disability arising121
from the covered condition;122
(C) The disability benefit shall cease when the first responder's qualified diagnostician123
determines that the eligible first responder has regained the ability to perform the duties124
previously performed as a first responder;125
(D) Subject to the cumulative lifetime disability benefit limit provided for in126
subparagraph (E) of this paragraph, the disability benefit shall recommence if the first127
responder's qualified diagnostician determines that the eligible first responder has again128
become unable to perform his or her regular occupational or volunteer duties as a first129
responder due to a covered condition and provides proof acceptable to the insurer; and130
(E) The disability benefit shall end after a total of 36 monthly payments in the amount131
set forth below have been made to the eligible first responder:132
(i) If the eligible first responder is employed by a public entity, a monthly benefit133
equal to 60 percent of the eligible first responder's combined monthly salary for all134
public entities for which the first responder is employed as a first responder or a135
monthly benefit of $5,000.00, whichever is less; or136
(ii) If the eligible first responder is a volunteer first responder and not employed as137
a first responder by any public entity, a monthly benefit of $1,500.00.138
(c) Any first responder who receives income replacement disability benefits under139
paragraph (2) of subsection (b) of this Code section may be required by the insurer140
providing such benefits to have his or her condition reevaluated by a qualified141
diagnostician selected by the insurer. In the event any such reevaluation reveals that such142
first responder has regained the ability to perform the duties previously performed as a first143
responder, then such benefits shall cease.144
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(d) The benefits under paragraph (2) of subsection (b) of this Code section, as applicable,145
shall be subordinate to any other income replacement disability benefit actually paid to the146
first responder for such disability from any employer funded group long-term disability147
plan or workers' compensation benefit, not including any disability insurance purchased148
in whole or in part by the first responder, and shall be limited to the difference between the149
amount of such other paid benefit and the amount specified under subparagraph (b)(2)(E)150
of this Code section, as applicable.151
(e) Proof of a first responder's covered condition requires both of the following:152
(1) A clinical diagnosis of post-traumatic stress disorder made by a qualified153
diagnostician which substantiates that the clinical diagnosis is the direct result of154
experiencing or being exposed to a traumatic event, or repeated experiences or exposures155
to traumatic events, during his or her regular occupational or volunteer duties on behalf156
of a public entity. Such clinical diagnosis shall be made within two years following the157
date of the traumatic event, and such clinical diagnosis shall include documentation158
indicating the date and nature of the traumatic event or the most recent traumatic event159
related to the symptoms of post-traumatic stress disorder if due to repeated experiences160
or exposures; and161
(2) Written documentation of criteria required for the diagnosis of post-traumatic stress162
disorder under the most recent published edition of the American Psychiatric163
Association's Diagnostic and Statistical Manual of Mental Disorders at the time of164
diagnosis.165
(f) Information that could reasonably be used to identify individuals making claims or who166
have made claims or who have received benefits under this Code section shall be treated167
as sensitive mental health information and, absent express authorization by the individual,168
shall only be used and shared for administration of benefits, underwriting, and for purposes169
of aggregation and de-identification or for purposes of compliance with applicable laws170
and published privacy notices. Communications, in any form, between such individuals171
H. B. 451 (SUB)
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and the administrator or insurer of the benefits also shall be confidential and privileged172
pursuant to Code Section 24-5-501.173
(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
45-25-4.182
The governing authority of any county, municipality, or consolidated government is183
authorized to use available revenues, including, but not limited to, proceeds from county184
and municipal taxes imposed under Chapter 8 of Title 33, for purposes of providing185
insurance under this chapter.186
45-25-5.187
Funds received as premiums for the coverages specified in this chapter shall not be subject188
to premium taxes under Chapter 8 of Title 33.189
45-25-6.190
The computation of premium amounts by an insurer for the coverages specified in this191
chapter shall be subject to generally accepted adjustments from insurance underwriting."192
H. B. 451 (SUB)
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SECTION 2.193
Code Section 48-7-27 of the Official Code of Georgia Annotated, relating to computation of194
Georgia taxable net income, is amended in subsection (a) by adding a new paragraph to read195
as follows:196
"(12.5) Payments received by a first responder pursuant to subsection (b) of Code197
Section 45-25-3, to any extent such amounts are included in the taxpayer's federal198
adjusted gross income and are not otherwise exempt under any other provision of this199
Code section;"200
SECTION 3.201
This Act shall become effective on July 1, 2024. Section 2 of this Act shall be applicable to202
taxable years beginning on or after January 1, 2024.203
SECTION 4.204
All laws and parts of laws in conflict with this Act are repealed.205
H. B. 451 (SUB)
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