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AN ACT relating to firefighters. 1
Be it enacted by the General Assembly of the Commonwealth of Kentucky: 2
ď˘Section 1. KRS 95A.220 is amended to read as follows: 3
(1) For the purposes of this section, "stress injury" means: 4
(a) Post-traumatic stress injury; 5
(b) Post-traumatic stress disorder; 6
(c) Acute stress disorder; or 7
(d) Other specified stress-related disorder; 8
as set out by the American Psychiatric Association's Diagnostic and Statistical 9
Manual of Mental Disorders. 10
(2) There is established the "Firefighters Foundation Program Fund" consisting of 11
appropriations from the general fund of the Commonwealth of Kentucky, and 12
insurance premium surcharge proceeds and earnings on the investments of those 13
proceeds which accrue to this fund pursuant to KRS 42.190 and 136.392. The fund 14
may also receive any other funds, gifts, or grants made available to the state for 15
distribution to local governments and volunteer fire departments in accordance with 16
the provisions of KRS 95A.200 to 95A.300 and KRS 95A.262. 17
(3)[(2)] All moneys remaining in this fund on July 1, 1982, and deposited thereafter, 18
including earnings from their investment, shall be deemed a trust and agency 19
account. Beginning with the fiscal year 1994-95, through June 30, 1999, moneys 20
remaining in the account at the end of the fiscal year in excess of three million 21
dollars ($3,000,000) shall lapse, but moneys in the revolving loan fund established 22
in KRS 95A.262 shall not lapse. On and after July 1, 1999, moneys in this account 23
shall not lapse. 24
(4)[(3)] Moneys in the fund are hereby appropriated by the General Assembly for the 25
purposes provided in KRS 95A.200 to 95A.300. 26
(5)[(4)] (a) A [post-traumatic ]stress injury that arises solely from a legitimate 27 UNOFFICIAL COPY 23 RS BR 93
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personnel action such as transfer, promotion, demotion, or termination shall 1
not be considered a compensable injury. 2
(b) [Post-traumatic stress injury and post-traumatic stress disorder shall be 3
defined as set out by the American Psychiatric Association's Diagnostic and 4
Statistical Manual of Mental Disorders. 5
(c) ]The firefighter shall be diagnosed, by a psychiatrist, psychologist, or 6
professional counselor credentialed under the provisions of KRS 335.500 to 7
335.599, with a stress injury[post-traumatic stress injury or post-traumatic 8
stress] disorder that has been caused by an event or an accumulation of events 9
that have occurred in the course and scope of their employment as a full-10
time[,] career or volunteer firefighter, regardless of whether or not there is an 11
initial physical injury. The event or an accumulation of events that have 12
occurred in the course and scope of employment as a full-time career or 13
volunteer firefighter shall extend from the firefighter's initial employment 14
or service to the date of a diagnosis with the stress injury. 15
(c)[(d)] Once diagnosed, if a firefighter seeks mental health treatment, after in-16
network health insurance has been utilized, he or she may submit 17
corresponding receipts for medical bills paid by the firefighter to the 18
commission for reimbursement to the firefighter of out-of-pocket costs 19
incurred from the funds specifically allocated in the commission's budget for 20
firefighter mental health treatment. The firefighter shall pay his or her out-of-21
pocket share for the mental health treatment before submitting for 22
reimbursement. 23
(d)[(e)] From the time a firefighter seeks mental health treatment, there shall be 24
no[a maximum] limit [of twelve (12) months ]for the benefit described in 25
paragraph (c)[(d)] of this subsection. A lifetime cap on benefits described in 26
paragraph (c) of this subsection may be imposed. 27