| 19 | 7 | | employees, so as to require the provision of certain insurance benefits to certain first2 |
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| 20 | 8 | | responders diagnosed with occupational post-traumatic stress disorder; to provide for3 |
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| 21 | 9 | | legislative findings; to provide for definitions; to provide for limitations and restrictions of4 |
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| 22 | 10 | | such benefits; to provide for methods of funding; to provide for treatment of premiums; to5 |
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| 23 | 11 | | provide for annual reporting; to amend Code Section 48-7-27 of the Official Code of Georgia6 |
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| 24 | 12 | | Annotated, relating to computation of Georgia taxable net income, so as to provide an7 |
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| 25 | 13 | | exemption for benefits received from such insurance coverage for first responders; to provide8 |
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| 26 | 14 | | for a short title; to provide for related matters; to provide for an effective date and9 |
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| 27 | 15 | | applicability; to repeal conflicting laws; and for other purposes.10 |
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| 28 | 16 | | BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:11 |
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| 29 | 17 | | 12 |
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| 30 | 18 | | SECTION 1.13 |
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| 31 | 19 | | This Act shall be known and may be cited as the "Ashley Wilson Act."14 |
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| 40 | 25 | | 45-25-1.19 |
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| 41 | 26 | | The Georgia General Assembly finds that:20 |
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| 42 | 27 | | (1) First responders are often exposed to traumatic events in the line of duty and are at21 |
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| 43 | 28 | | risk of developing post-traumatic stress disorder, which, if untreated, can result in the22 |
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| 44 | 29 | | inability to serve as a first responder as well as grave health consequences, including23 |
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| 45 | 30 | | death by suicide;24 |
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| 46 | 31 | | (2) Major medical insurance provides coverage for mental health treatment on parity25 |
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| 47 | 32 | | with other illnesses, and major medical insurance companies are best suited to help first26 |
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| 48 | 33 | | responders identify healthcare providers who can treat post-traumatic stress disorder and27 |
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| 49 | 34 | | provide coverage for treatment by such providers;28 |
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| 50 | 35 | | (3) The Office of Public Safety Support within the Department of Public Safety was29 |
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| 51 | 36 | | established to provide peer counselors and critical incident support services to first30 |
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| 52 | 37 | | responders exposed to traumatic events at work. The intent of this chapter is to expand31 |
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| 53 | 38 | | on this existing support by ensuring that, after a qualifying diagnosis of occupational32 |
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| 54 | 39 | | post-traumatic stress disorder, such first responders have financial resources readily33 |
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| 55 | 40 | | available to them;34 |
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| 56 | 41 | | (4) Having financial resources readily available to meet the financial needs of first35 |
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| 57 | 42 | | responders at the critically important time of identifying the mental healthcare provider36 |
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| 58 | 43 | | of their choice and beginning treatment, as well as having additional financial resources37 |
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| 59 | 44 | | available for the continuation of treatment, pursuit of recovery, and return to service as38 |
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| 60 | 45 | | first responders, will better serve first responders and their families; and39 |
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| 63 | 47 | | (5) Nothing in this chapter is intended to reimburse for or provide mental healthcare40 |
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| 64 | 48 | | treatment or replace or disrupt coverage for mental health treatment under major medical41 |
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| 65 | 49 | | insurance.42 |
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| 66 | 50 | | 45-25-2.43 |
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| 67 | 51 | | As used in this chapter, the term:44 |
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| 68 | 52 | | (1) 'Covered condition' means an eligible first responder's occupational post-traumatic45 |
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| 69 | 53 | | stress disorder that is the direct result of an experience of or an exposure to a traumatic46 |
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| 70 | 54 | | event, wherein such experience or exposure takes place during the normal course of the47 |
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| 71 | 55 | | first responder's regular occupational or volunteer duties on behalf of a public entity and48 |
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| 72 | 56 | | the diagnosis is made no later than two years after the date of the traumatic event.49 |
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| 73 | 57 | | (2) 'Eligible first responder' means a first responder who experienced or was exposed to50 |
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| 74 | 58 | | a traumatic event during the normal course of performing regular occupational or51 |
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| 75 | 59 | | volunteer duties on behalf of a public entity and such experience or exposure resulted in52 |
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| 76 | 60 | | post-traumatic stress disorder, if the first responder received a diagnosis of post-traumatic53 |
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| 77 | 61 | | stress disorder arising from such experience or exposure no later than two years after the54 |
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| 78 | 62 | | traumatic event.55 |
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| 79 | 63 | | (3) 'First responder' means any of the following:56 |
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| 80 | 64 | | (A) 'Communications officer' as defined in Code Section 37-12-1;57 |
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| 81 | 65 | | (B) 'Correctional officer' as defined in Code Section 45-1-8;58 |
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| 82 | 66 | | (C) 'Emergency medical professional' as defined in Code Section 16-10-24.2;59 |
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| 83 | 67 | | (D) 'Emergency medical technician' as defined in Code Section 16-10-24.2;60 |
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| 84 | 68 | | (E) 'Firefighter' as defined in Code Section 25-4-2;61 |
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| 85 | 69 | | (F) 'Highway emergency response operator' as defined in Code Section 45-1-8;62 |
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| 86 | 70 | | (G) 'Jail officer' as defined in Code Section 45-1-8;63 |
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| 87 | 71 | | (H) 'Juvenile correctional officer' as defined in Code Section 45-1-8;64 |
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| 88 | 72 | | (I) 'Peace officer' as defined in Code Section 35-8-2;65 |
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| 91 | 74 | | (J) 'Probation officer' as defined in Code Section 45-1-8; and66 |
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| 92 | 75 | | (K) Law enforcement officer with the Department of Natural Resources.67 |
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| 93 | 76 | | (4) 'Monthly salary' means regular monthly earnings excluding overtime, bonuses, and68 |
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| 94 | 77 | | commissions.69 |
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| 95 | 78 | | (5) 'Post-traumatic stress disorder' means an anxiety disorder caused by experiencing or70 |
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| 96 | 79 | | being exposed to a traumatic event and which satisfies the clinical diagnostic criteria set71 |
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| 97 | 80 | | forth in the American Psychiatric Association's Diagnostic and Statistical Manual of72 |
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| 98 | 81 | | Mental Disorders, in effect on January 1, 2024.73 |
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| 99 | 82 | | (6) 'Public entity' means a department, agency, board, bureau, commission, authority, or74 |
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| 100 | 83 | | instrumentality of the State of Georgia, any local government or authority, including a75 |
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| 101 | 84 | | county, municipal, or consolidated government in this state, or any other political division76 |
|---|
| 102 | 85 | | in this state. Such term includes a school district, independent school district, or other77 |
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| 103 | 86 | | local school system in this state.78 |
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| 104 | 87 | | (7) 'Qualified diagnostician' means a physician, psychiatrist, or psychologist who is duly79 |
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| 105 | 88 | | authorized to practice in this state and is certified in a medical specialty appropriate for80 |
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| 106 | 89 | | trauma related mental health diagnoses.81 |
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| 107 | 90 | | (8) 'Traumatic event' means an actual or threatened death, serious injury, or act of sexual82 |
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| 108 | 91 | | violence that occurs on or after July 1, 2024, and which the first responder experienced83 |
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| 109 | 92 | | or was exposed to during the normal course of the first responder's regular occupational84 |
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| 110 | 93 | | or volunteer duties on behalf of a public entity. In cases involving multiple traumatic85 |
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| 111 | 94 | | events occurring on or after July 1, 2024, the traumatic event is the most recent event86 |
|---|
| 112 | 95 | | determined by the qualified diagnostician to be related to the symptoms of post-traumatic87 |
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| 113 | 96 | | stress disorder.88 |
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| 114 | 97 | | 45-25-3.89 |
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| 115 | 98 | | (a) A public entity shall provide and maintain sufficient insurance coverage on each of its90 |
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| 116 | 99 | | first responders to pay the benefits described in subsection (b) of this Code section to91 |
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| 119 | 101 | | eligible first responders with covered conditions arising from a traumatic event which the92 |
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| 120 | 102 | | first responder experienced or was exposed to while performing first responder services for93 |
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| 121 | 103 | | such public entity. Such coverage shall also pay such benefits for covered conditions94 |
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| 122 | 104 | | arising from an employed first responder's services as a volunteer first responder for the95 |
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| 123 | 105 | | same or another public entity. In the event a volunteer first responder of one public entity96 |
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| 124 | 106 | | is simultaneously employed as a first responder by another public entity, the public entity97 |
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| 125 | 107 | | for which such person is a volunteer shall not be required to maintain the coverage on such98 |
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| 126 | 108 | | volunteer otherwise required under this Code section during the period of such employment99 |
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| 127 | 109 | | with the other public entity. In no circumstance shall a first responder be entitled, as a100 |
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| 128 | 110 | | result of this chapter, to more than the lifetime benefits described under this chapter.101 |
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| 129 | 111 | | (b) An eligible first responder with a covered condition shall be entitled to the following102 |
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| 130 | 112 | | benefits:103 |
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| 131 | 113 | | (1) One lump sum benefit per lifetime of $3,000.00 payable to the eligible first responder104 |
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| 132 | 114 | | upon submission to the insurer of acceptable proof of a clinical diagnosis of a covered105 |
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| 133 | 115 | | condition by a qualified diagnostician as provided for in subsection (f) of this Code106 |
|---|
| 134 | 116 | | section; and107 |
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| 135 | 117 | | (2) An income replacement disability benefit payable as a result of a clinical diagnosis108 |
|---|
| 136 | 118 | | of a covered condition, which disability benefit is payable as described below:109 |
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| 137 | 119 | | (A) If the first responder's qualified diagnostician determines that the covered110 |
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| 138 | 120 | | condition precludes continuation of the first responder's regular occupational or111 |
|---|
| 139 | 121 | | volunteer duties as a first responder and provides proof acceptable to the insurer,112 |
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| 140 | 122 | | including evidence of appropriate care and treatment, then the disability benefit shall113 |
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| 141 | 123 | | begin 90 days after the date the covered condition first precludes continuation of such114 |
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| 142 | 124 | | duties;115 |
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| 143 | 125 | | (B) The disability benefit shall continue, subject to standard requirements of disability116 |
|---|
| 144 | 126 | | insurances and subject to the cumulative lifetime disability benefit limit described in117 |
|---|
| 147 | 128 | | subparagraph (E) of this paragraph, during the period of continuous disability arising118 |
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| 148 | 129 | | from the covered condition;119 |
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| 149 | 130 | | (C) The disability benefit shall cease when the first responder's qualified diagnostician120 |
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| 150 | 131 | | determines that the eligible first responder has regained the ability to perform the duties121 |
|---|
| 151 | 132 | | previously performed as a first responder;122 |
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| 152 | 133 | | (D) Subject to the cumulative lifetime disability benefit limit provided for in123 |
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| 153 | 134 | | subparagraph (E) of this paragraph, the disability benefit shall recommence if the first124 |
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| 154 | 135 | | responder's qualified diagnostician determines that the eligible first responder has again125 |
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| 155 | 136 | | become unable to perform his or her regular occupational or volunteer duties as a first126 |
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| 156 | 137 | | responder due to a covered condition and provides proof acceptable to the insurer; and127 |
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| 157 | 138 | | (E) The disability benefit shall end after a total of 36 monthly payments in the amount128 |
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| 158 | 139 | | set forth below have been made to the eligible first responder:129 |
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| 159 | 140 | | (i) If the eligible first responder is employed by a public entity, a monthly benefit130 |
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| 160 | 141 | | equal to 60 percent of the eligible first responder's combined monthly salary for all131 |
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| 161 | 142 | | public entities for which the first responder is employed as a first responder or a132 |
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| 162 | 143 | | monthly benefit of $5,000.00, whichever is less; or133 |
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| 163 | 144 | | (ii) If the eligible first responder is a volunteer first responder and not employed as134 |
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| 164 | 145 | | a first responder by any public entity, a monthly benefit of $1,500.00.135 |
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| 165 | 146 | | (c) Any first responder who receives income replacement disability benefits under136 |
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| 166 | 147 | | paragraph (2) of subsection (b) of this Code section may be required by the insurer137 |
|---|
| 167 | 148 | | providing such benefits to have his or her condition reevaluated by a qualified138 |
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| 168 | 149 | | diagnostician selected by the insurer. In the event any such reevaluation reveals that such139 |
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| 169 | 150 | | first responder has regained the ability to perform the duties previously performed as a first140 |
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| 170 | 151 | | responder, then such benefits shall cease.141 |
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| 171 | 152 | | (d) The benefits under paragraph (1) of subsection (b) of this Code section, as applicable,142 |
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| 172 | 153 | | shall be subordinate to any other insurance benefit payable to the first responder for143 |
|---|
| 173 | 154 | | medical expenses incurred as a result of the covered condition.144 |
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| 176 | 156 | | (e) The benefits under paragraph (2) of subsection (b) of this Code section, as applicable,145 |
|---|
| 177 | 157 | | shall be subordinate to any other income replacement disability benefit payable to the first146 |
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| 178 | 158 | | responder for such disability from any employer funded group long-term disability plan or147 |
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| 179 | 159 | | workers' compensation benefit, not including any disability insurance purchased in whole148 |
|---|
| 180 | 160 | | or in part by the first responder, and shall be limited to the difference between the amount149 |
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| 181 | 161 | | of such other paid benefit and the amount specified under subparagraph (b)(2)(E) of this150 |
|---|
| 182 | 162 | | Code section, as applicable.151 |
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| 183 | 163 | | (f) Proof of a first responder's covered condition requires both of the following:152 |
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| 184 | 164 | | (1) A clinical diagnosis of post-traumatic stress disorder made by a qualified153 |
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| 185 | 165 | | diagnostician which substantiates that the clinical diagnosis is the direct result of154 |
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| 186 | 166 | | experiencing or being exposed to a traumatic event, or repeated experiences or exposures155 |
|---|
| 187 | 167 | | to traumatic events, during his or her regular occupational or volunteer duties on behalf156 |
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| 188 | 168 | | of a public entity. Such clinical diagnosis shall be made within two years following the157 |
|---|
| 189 | 169 | | date of the traumatic event, and such clinical diagnosis shall include documentation158 |
|---|
| 190 | 170 | | indicating the date and nature of the traumatic event or the most recent traumatic event159 |
|---|
| 191 | 171 | | related to the symptoms of post-traumatic stress disorder if due to repeated experiences160 |
|---|
| 192 | 172 | | or exposures; and161 |
|---|
| 193 | 173 | | (2) Written documentation of criteria required for the diagnosis of post-traumatic stress162 |
|---|
| 194 | 174 | | disorder under the American Psychiatric Association's Diagnostic and Statistical Manual163 |
|---|
| 195 | 175 | | of Mental Disorders, in effect on January 1, 2024.164 |
|---|
| 196 | 176 | | (g) Information that could reasonably be used to identify individuals making claims or165 |
|---|
| 197 | 177 | | who have made claims or who have received benefits under this Code section shall be166 |
|---|
| 198 | 178 | | treated as sensitive mental health information and, absent express authorization by the167 |
|---|
| 199 | 179 | | individual, shall only be used and shared for administration of benefits, underwriting, and168 |
|---|
| 200 | 180 | | for purposes of aggregation and de-identification or for purposes of compliance with169 |
|---|
| 201 | 181 | | Article 4 of Chapter 18 of Title 50 or other applicable laws. Communications, in any form,170 |
|---|
| 204 | 183 | | between such individuals and the administrator or insurer of the benefits shall be171 |
|---|
| 205 | 184 | | confidential and privileged.172 |
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| 206 | 185 | | (h) The benefits shall be administered in a manner designed to ensure that first responders173 |
|---|
| 207 | 186 | | are able to obtain the lump sum benefit provided for in paragraph (1) of subsection (b) of174 |
|---|
| 208 | 187 | | this Code section in a confidential manner similar to receiving mental health benefits under175 |
|---|
| 209 | 188 | | an employer sponsored major medical health plan or employee assistance program, or, for176 |
|---|
| 210 | 189 | | the disability benefit provided for in paragraph (2) of subsection (b) of this Code section,177 |
|---|
| 211 | 190 | | in a confidential manner similar to receiving other employer sponsored disability benefits178 |
|---|
| 212 | 191 | | involving mental health issues. In no event shall information solely about an individual's179 |
|---|
| 213 | 192 | | diagnosis, claims, or benefits be used for any employment action.180 |
|---|
| 214 | 193 | | (i) The benefits shall be administered in a manner designed to enforce lifetime limits and181 |
|---|
| 215 | 194 | | to coordinate benefits. Any insurer or self-insurer of the benefits shall disclose the amount182 |
|---|
| 216 | 195 | | of benefits already paid to an individual upon written request by another insurer or183 |
|---|
| 217 | 196 | | self-insurer that is evaluating a claim by such individual as provided under subsection (b)184 |
|---|
| 218 | 197 | | of this Code section.185 |
|---|
| 219 | 198 | | 45-25-4.186 |
|---|
| 220 | 199 | | The governing authority of any county, municipality, or consolidated government is187 |
|---|
| 221 | 200 | | authorized to use available revenues, including, but not limited to, proceeds from county188 |
|---|
| 222 | 201 | | and municipal taxes imposed under Chapter 8 of Title 33, for purposes of providing189 |
|---|
| 223 | 202 | | insurance under this chapter.190 |
|---|
| 224 | 203 | | 45-25-5.191 |
|---|
| 225 | 204 | | Funds received as premiums for the coverages specified in this chapter shall not be subject192 |
|---|
| 226 | 205 | | to premium taxes under Chapter 8 of Title 33.193 |
|---|
| 229 | 207 | | 45-25-6.194 |
|---|
| 230 | 208 | | The computation of premium amounts by an insurer for the coverages specified in this195 |
|---|
| 231 | 209 | | chapter shall be subject to generally accepted adjustments from insurance underwriting.196 |
|---|
| 232 | 210 | | 45-25-7.197 |
|---|
| 233 | 211 | | The Commissioner of Insurance shall submit an annual report summarizing the use of the198 |
|---|
| 234 | 212 | | benefits provided for in this chapter to the chairpersons of the House Committee on199 |
|---|
| 235 | 213 | | Insurance and the Senate Insurance and Labor Committee no later than July 1, 2025, and200 |
|---|
| 236 | 214 | | annually thereafter. The Commissioner of Insurance shall not be required to distribute201 |
|---|
| 237 | 215 | | copies of the annual report to the members of the General Assembly but shall notify the202 |
|---|
| 238 | 216 | | members of the availability of the annual report in the manner which he or she deems to203 |
|---|
| 239 | 217 | | be most effective and efficient."204 |
|---|
| 240 | 218 | | SECTION 3.205 |
|---|
| 241 | 219 | | Code Section 48-7-27 of the Official Code of Georgia Annotated, relating to computation of206 |
|---|
| 242 | 220 | | Georgia taxable net income, is amended in subsection (a) by adding a new paragraph to read207 |
|---|
| 243 | 221 | | as follows:208 |
|---|
| 244 | 222 | | "(12.5) Payments received by a first responder pursuant to subsection (b) of Code209 |
|---|
| 245 | 223 | | Section 45-25-3, to any extent such amounts are included in the taxpayer's federal210 |
|---|
| 246 | 224 | | adjusted gross income and are not otherwise exempt under any other provision of this211 |
|---|
| 247 | 225 | | Code section;"212 |
|---|
| 248 | 226 | | SECTION 4.213 |
|---|
| 249 | 227 | | This Act shall become effective on January 1, 2025. Section 3 of this Act shall be applicable214 |
|---|
| 250 | 228 | | to taxable years beginning on or after January 1, 2024.215 |
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