UNOFFICIAL COPY 23 RS HB 52/GA
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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, but shall not include complex post-8
traumatic stress disorder; 9
as set out in the most recent edition of the American Psychiatric Association's 10
Diagnostic and Statistical Manual of Mental Disorders. 11
(2) There is established the "Firefighters Foundation Program Fund" consisting of 12
appropriations from the general fund of the Commonwealth of Kentucky, and 13
insurance premium surcharge proceeds and earnings on the investments of those 14
proceeds which accrue to this fund pursuant to KRS 42.190 and 136.392. The fund 15
may also receive any other funds, gifts, or grants made available to the state for 16
distribution to local governments and volunteer fire departments in accordance with 17
the provisions of KRS 95A.200 to 95A.300 and KRS 95A.262. 18
(3)[(2)] All moneys remaining in this fund on July 1, 1982, and deposited thereafter, 19
including earnings from their investment, shall be deemed a trust and agency 20
account. Beginning with the fiscal year 1994-95, through June 30, 1999, moneys 21
remaining in the account at the end of the fiscal year in excess of three million 22
dollars ($3,000,000) shall lapse, but moneys in the revolving loan fund established 23
in KRS 95A.262 shall not lapse. On and after July 1, 1999, moneys in this account 24
shall not lapse. 25
(4)[(3)] Moneys in the fund are hereby appropriated by the General Assembly for the 26
purposes provided in KRS 95A.200 to 95A.300. 27 UNOFFICIAL COPY 23 RS HB 52/GA
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(5)[(4)] (a) A [post-traumatic ]stress injury that arises solely from a legitimate 1
personnel action such as transfer, promotion, demotion, or termination shall 2
not be considered a compensable injury. 3
(b) [Post-traumatic stress injury and post-traumatic stress disorder shall be 4
defined as set out by the American Psychiatric Association's Diagnostic and 5
Statistical Manual of Mental Disorders. 6
(c) ]The firefighter shall be diagnosed, by a psychiatrist, psychologist, [or 7
]professional counselor, or nurse practitioner credentialed under [the 8
provisions of ]KRS 335.500 to 335.599, with a stress injury[post-traumatic 9
stress injury or post-traumatic stress disorder] that has been caused by an 10
event or an accumulation of events that have occurred in the course and scope 11
of his or her[ their] employment as a full-time[,] career or volunteer 12
firefighter, regardless of whether or not there is an initial physical injury. The 13
event or an accumulation of events that have occurred in the course and 14
scope of employment as a career or volunteer firefighter shall extend from 15
the firefighter's initial employment or service to the date of a diagnosis with 16
the stress injury. 17
(c)[(d)] Once diagnosed, if a firefighter seeks mental health treatment[, after in-18
network health insurance has been utilized], he or she may submit 19
corresponding receipts for medical bills paid by the firefighter to the 20
commission for reimbursement to the firefighter of out-of-pocket costs 21
incurred from the funds specifically allocated in the commission's budget for 22
firefighter mental health treatment, if applicable[. The firefighter shall pay his 23
or her out-of-pocket share for the mental health treatment before submitting 24
for reimbursement]. 25
(d)[(e)] From the time a firefighter seeks mental health treatment, there shall not 26
be a[a maximum] limit [of twelve (12) months for]on the benefit described in 27 UNOFFICIAL COPY 23 RS HB 52/GA
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paragraph (c)[(d)] of this subsection, except that a lifetime cap on benefits 1
described in paragraph (c) of this subsection may be imposed. 2