24 LC 52 0496S
The House Committee on Insurance 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 provide for annual6
reporting; to amend Code Section 48-7-27 of the Official Code of Georgia Annotated,7
relating to computation of Georgia taxable net income, so as to provide an exemption for8
benefits received from such insurance coverage for first responders; to provide for related9
matters; to provide for an effective date and applicability; to repeal conflicting laws; and for10
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
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 healthcare provider34
of 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 healthcare38
treatment or replace or disrupt coverage for mental health treatment under major medical39
insurance.40
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45-25-2.41
As used in this chapter, the term:42
(1) 'Covered condition' means an eligible first responder's occupational post-traumatic43
stress disorder that is the direct result of an experience of or an exposure to a traumatic44
event, wherein such experience or exposure takes place during the normal course of the45
first responder's regular occupational or volunteer duties on behalf of a public entity and46
the diagnosis is made no later than two years after the date of the traumatic event.47
(2) 'Eligible first responder' means a first responder who experienced or was exposed to48
a traumatic event during the normal course of performing regular occupational or49
volunteer duties on behalf of a public entity and such experience or exposure resulted in50
post-traumatic stress disorder, if the first responder received a diagnosis of post-traumatic51
stress disorder arising from such experience or exposure no later than two years after the52
traumatic event.53
(3) 'First responder' means any of the following:54
(A) 'Communications officer' as defined in Code Section 37-12-1;55
(B) 'Correctional officer' as defined in Code Section 45-1-8;56
(C) 'Emergency medical professional' as defined in Code Section 16-10-24.2;57
(D) 'Emergency medical technician' as defined in Code Section 16-10-24.2;58
(E) 'Firefighter' as defined in Code Section 25-4-2;59
(F) 'Highway emergency response operator' as defined in Code Section 45-1-8;60
(G) 'Jail officer' as defined in Code Section 45-1-8;61
(H) 'Juvenile correctional officer' as defined in Code Section 45-1-8;62
(I) 'Peace officer' as defined in Code Section 35-8-2;63
(J) 'Probation officer' as defined in Code Section 45-1-8; and64
(K) Law enforcement officer with the Department of Natural Resources.65
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(4) 'Monthly salary' means regular monthly earnings excluding overtime, bonuses, and66
commissions.67
(5) 'Post-traumatic stress disorder' means an anxiety disorder caused by experiencing or68
being exposed to a traumatic event and which satisfies the clinical diagnostic criteria set69
forth in the most recent published edition of the American Psychiatric Association's70
Diagnostic and Statistical Manual of Mental Disorders at the time of diagnosis.71
(6) 'Public entity' means a department, agency, board, bureau, commission, authority, or72
instrumentality of the State of Georgia, any local government or authority, including a73
county, municipal, or consolidated government in this state, or any other political division74
in this state. Such term includes a school district, independent school district, or other75
local school system in this state.76
(7) 'Qualified diagnostician' means a physician, psychiatrist, or psychologist who is duly77
authorized to practice in this state and is certified in a medical specialty appropriate for78
trauma related mental health diagnoses.79
(8) 'Traumatic event' means an actual or threatened death, serious injury, or act of sexual80
violence that occurs on or after July 1, 2024, and which the first responder experienced81
or was exposed to during the normal course of the first responder's regular occupational82
or volunteer duties on behalf of a public entity. In cases involving multiple traumatic83
events occurring on or after July 1, 2024, the traumatic event is the most recent event84
determined by the qualified diagnostician to be related to the symptoms of post-traumatic85
stress disorder.86
45-25-3.87
(a) A public entity shall provide and maintain sufficient insurance coverage on each of its88
first responders to pay the benefits described in subsection (b) of this Code section to89
eligible first responders with covered conditions arising from a traumatic event which the90
first responder experienced or was exposed to while performing first responder services for91
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such public entity. Such coverage shall also pay such benefits for covered conditions92
arising from an employed first responder's services as a volunteer first responder for93
another public entity. In the event a volunteer first responder of one public entity is94
simultaneously employed as a first responder by another public entity, the public entity for95
which such person is a volunteer shall not be required to maintain the coverage on such96
volunteer otherwise required under this Code section during the period of such employment97
with the other public entity. In no circumstance shall a first responder be entitled, as a98
result of this chapter, to more than the lifetime benefits described under this chapter.99
(b) An eligible first responder with a covered condition shall be entitled to the following100
benefits:101
(1) One lump sum benefit per lifetime of $3,000.00 payable to the eligible first responder102
upon submission to the insurer of acceptable proof of a clinical diagnosis of a covered103
condition by a qualified diagnostician as provided for in subsection (e) of this Code104
section; and105
(2) An income replacement disability benefit payable as a result of a clinical diagnosis106
of a covered condition, which disability benefit is payable as described below:107
(A) If the first responder's qualified diagnostician determines that the covered108
condition precludes continuation of the first responder's regular occupational or109
volunteer duties as a first responder and provides proof acceptable to the insurer,110
including evidence of appropriate care and treatment, then the disability benefit shall111
begin 90 days after the date the covered condition first precludes continuation of such112
duties;113
(B) The disability benefit shall continue, subject to standard requirements of disability114
insurances and subject to the cumulative lifetime disability benefit limit described in115
subparagraph (E) of this paragraph, during the period of continuous disability arising116
from the covered condition;117
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(C) The disability benefit shall cease when the first responder's qualified diagnostician118
determines that the eligible first responder has regained the ability to perform the duties119
previously performed as a first responder;120
(D) Subject to the cumulative lifetime disability benefit limit provided for in121
subparagraph (E) of this paragraph, the disability benefit shall recommence if the first122
responder's qualified diagnostician determines that the eligible first responder has again123
become unable to perform his or her regular occupational or volunteer duties as a first124
responder due to a covered condition and provides proof acceptable to the insurer; and125
(E) The disability benefit shall end after a total of 36 monthly payments in the amount126
set forth below have been made to the eligible first responder:127
(i) If the eligible first responder is employed by a public entity, a monthly benefit128
equal to 60 percent of the eligible first responder's combined monthly salary for all129
public entities for which the first responder is employed as a first responder or a130
monthly benefit of $5,000.00, whichever is less; or131
(ii) If the eligible first responder is a volunteer first responder and not employed as132
a first responder by any public entity, a monthly benefit of $1,500.00.133
(c) Any first responder who receives income replacement disability benefits under134
paragraph (2) of subsection (b) of this Code section may be required by the insurer135
providing such benefits to have his or her condition reevaluated by a qualified136
diagnostician selected by the insurer. In the event any such reevaluation reveals that such137
first responder has regained the ability to perform the duties previously performed as a first138
responder, then such benefits shall cease.139
(d) The benefits under paragraph (2) of subsection (b) of this Code section, as applicable,140
shall be subordinate to any other income replacement disability benefit actually paid to the141
first responder for such disability from any employer funded group long-term disability142
plan or workers' compensation benefit, not including any disability insurance purchased143
in whole or in part by the first responder, and shall be limited to the difference between the144
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amount of such other paid benefit and the amount specified under subparagraph (b)(2)(E)145
of this Code section, as applicable.146
(e) Proof of a first responder's covered condition requires both of the following:147
(1) A clinical diagnosis of post-traumatic stress disorder made by a qualified148
diagnostician which substantiates that the clinical diagnosis is the direct result of149
experiencing or being exposed to a traumatic event, or repeated experiences or exposures150
to traumatic events, during his or her regular occupational or volunteer duties on behalf151
of a public entity. Such clinical diagnosis shall be made within two years following the152
date of the traumatic event, and such clinical diagnosis shall include documentation153
indicating the date and nature of the traumatic event or the most recent traumatic event154
related to the symptoms of post-traumatic stress disorder if due to repeated experiences155
or exposures; and156
(2) Written documentation of criteria required for the diagnosis of post-traumatic stress157
disorder under the most recent published edition of the American Psychiatric158
Association's Diagnostic and Statistical Manual of Mental Disorders at the time of159
diagnosis.160
(f) Information that could reasonably be used to identify individuals making claims or who161
have made claims or who have received benefits under this Code section shall be treated162
as sensitive mental health information and, absent express authorization by the individual,163
shall only be used and shared for administration of benefits, underwriting, and for purposes164
of aggregation and de-identification or for purposes of compliance with applicable laws165
and published privacy notices. Communications, in any form, between such individuals166
and the administrator or insurer of the benefits shall be confidential and privileged.167
(g) The benefits shall be administered in a manner designed to ensure that first responders168
are able to obtain the lump sum benefit provided for in paragraph (1) of subsection (b) of169
this Code section in a confidential manner similar to receiving mental health benefits under170
an employer sponsored major medical health plan or employee assistance program, or, for171
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the disability benefit provided for in paragraph (2) of subsection (b) of this Code section,172
in a confidential manner similar to receiving other employer sponsored disability benefits173
involving mental health issues. In no event shall information solely about an individual's174
diagnosis, claims, or benefits be used for any employment action.175
(h) The benefits shall be administered in a manner designed to enforce lifetime limits and176
to coordinate benefits. Any insurer or self-insurer of the benefits shall disclose the amount177
of benefits already paid to an individual upon written request by another insurer or178
self-insurer that is evaluating a claim by such individual as provided under subsection (b)179
of this Code section.180
45-25-4.181
The governing authority of any county, municipality, or consolidated government is182
authorized to use available revenues, including, but not limited to, proceeds from county183
and municipal taxes imposed under Chapter 8 of Title 33, for purposes of providing184
insurance under this chapter.185
45-25-5.186
Funds received as premiums for the coverages specified in this chapter shall not be subject187
to premium taxes under Chapter 8 of Title 33.188
45-25-6.189
The computation of premium amounts by an insurer for the coverages specified in this190
chapter shall be subject to generally accepted adjustments from insurance underwriting.191
45-25-7.192
The Commissioner of Insurance shall submit an annual report summarizing the use of the193
benefits provided for in this chapter to the chairpersons of the House Committee on194
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Insurance and the Senate Insurance and Labor Committee no later than July 1, 2025, and195
annually thereafter. The Commissioner of Insurance shall not be required to distribute196
copies of the annual report to the members of the General Assembly but shall notify the197
members of the availability of the annual report in the manner which he or she deems to198
be most effective and efficient."199
SECTION 2.200
Code Section 48-7-27 of the Official Code of Georgia Annotated, relating to computation of201
Georgia taxable net income, is amended in subsection (a) by adding a new paragraph to read202
as follows:203
"(12.5) Payments received by a first responder pursuant to subsection (b) of Code204
Section 45-25-3, to any extent such amounts are included in the taxpayer's federal205
adjusted gross income and are not otherwise exempt under any other provision of this206
Code section;"207
SECTION 3.208
This Act shall become effective on July 1, 2024. Section 2 of this Act shall be applicable to209
taxable years beginning on or after January 1, 2024.210
SECTION 4.211
All laws and parts of laws in conflict with this Act are repealed.212
H. B. 451 (SUB)
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