Relative to disability or death cause by contagious disease; presumption
The bill asserts that if a member of these services suffers from a contagious disease that can result from exposure to body fluids while in active service, that disease will be presumed to have been contracted in the line of duty, provided they did not exhibit any pre-existing conditions. The inclusion of modern health threats, such as COVID-19 and other diseases (e.g., Hepatitis, Tuberculosis, and HIV) recognized as occupational hazards, reflects a proactive approach to adapting public health policies to contemporary challenges faced by first responders.
House Bill 2528, proposed by Representative Denise C. Garlick, seeks to amend the General Laws of Massachusetts, specifically Chapter 32, to create a presumption of duty-related disability or death for full-time uniformed members of police, fire, and emergency medical services caused by contagious diseases. This legislative initiative is aimed at supporting public safety personnel who encounter various infectious diseases during their service, establishing a clearer path for them to claim disability or death benefits as a result of service-related incidents involving contagious diseases.
Notably, there are discussions regarding the implications of this presumption on existing workers' compensation frameworks and the potential increase in claims from service members. Supporters argue that it creates essential protections for those risking their lives on the front lines of public health crises, while critics may raise concerns about the bill leading to increased financial burdens on state resources or potential misuse of benefits. The bill also requires that benefits can only be claimed if the individual can demonstrate they were actively serving in their respective roles, which aims to mitigate concerns about fraudulent claims and ensures that those genuinely in need receive appropriate support.