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HOUSE DOCKET, NO. 1836 FILED ON: 1/18/2023
HOUSE . . . . . . . . . . . . . . . No. 2528
The Commonwealth of Massachusetts
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PRESENTED BY:
Denise C. Garlick
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To the Honorable Senate and House of Representatives of the Commonwealth of Massachusetts in General
Court assembled:
The undersigned legislators and/or citizens respectfully petition for the adoption of the accompanying bill:
An Act relative to disability or death cause by contagious disease; presumption.
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PETITION OF:
NAME:DISTRICT/ADDRESS :DATE ADDED:Denise C. Garlick13th Norfolk1/17/2023Vanna Howard17th Middlesex1/30/2023Steven Ultrino33rd Middlesex1/30/2023Susannah M. Whipps2nd Franklin1/30/2023Angelo J. Puppolo, Jr.12th Hampden1/30/2023James K. Hawkins2nd Bristol1/30/2023Josh S. Cutler6th Plymouth1/30/2023Carol A. Doherty3rd Bristol1/30/2023Brian W. Murray10th Worcester1/30/2023Jessica Ann Giannino16th Suffolk1/30/2023Marc R. PachecoThird Bristol and Plymouth1/30/2023Gerard J. Cassidy9th Plymouth1/30/2023Ryan M. Hamilton15th Essex1/31/2023William C. Galvin6th Norfolk1/31/2023Erika Uyterhoeven27th Middlesex2/1/2023Rodney M. Elliott16th Middlesex2/2/2023Paul McMurtry11th Norfolk2/2/2023Tackey Chan2nd Norfolk2/3/2023 2 of 2
Tricia Farley-Bouvier2nd Berkshire2/9/2023Colleen M. Garry36th Middlesex2/13/2023Michelle M. DuBois10th Plymouth2/14/2023Daniel Cahill10th Essex2/17/2023Jonathan D. Zlotnik2nd Worcester3/7/2023Paul R. FeeneyBristol and Norfolk3/7/2023 1 of 2
HOUSE DOCKET, NO. 1836 FILED ON: 1/18/2023
HOUSE . . . . . . . . . . . . . . . No. 2528
By Representative Garlick of Needham, a petition (accompanied by bill, House, No. 2528) of
Denise C. Garlick and others relative to the presumption for disability or death cause by
contagious diseases. Public Service.
The Commonwealth of Massachusetts
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In the One Hundred and Ninety-Third General Court
(2023-2024)
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An Act relative to disability or death cause by contagious disease; presumption.
Be it enacted by the Senate and House of Representatives in General Court assembled, and by the authority
of the same, as follows:
1 SECTION 1. Chapter 32 of the General Laws is hereby amended by inserting after
2section 94B the following new section: Section 94C.
3 (1) Notwithstanding the provisions of any general or special law to the contrary, and for
4the purposes of any death, disability or medical services claim including claims under Chapter
532, Chapter 41 and Chapter 152 of the General Laws, any contagious disease, resulting in
6disability or death to a full-time uniformed member of a paid police department, fire department
7or municipal emergency medical service shall, if the person successfully passed a physical
8examination on entry into such service or subsequent to such entry, which examination failed to
9reveal any evidence of such condition, be presumed to have been suffered in the line of duty,
10unless it is shown by a preponderance of the evidence that non-service connected risk factors or
11non-service connected accidents or hazards undergone, or any combination thereof, caused such
12incapacity. The provisions of this section shall only apply if the disabling or fatal condition is a 2 of 2
13type of contagious disease which may, in general, result from exposure to blood and other body
14fluids of the sick, excluding the common cold.
15 (2) Any person first discovering any such condition within five years of the last date on
16which such person actively so served shall be eligible to apply for benefits hereunder, and such
17benefits, if granted, shall be payable as of the date on which the employee last received regular
18compensation. The provisions of this section shall not apply to any person serving in such
19position unless such person shall first establish that they regularly responded to calls for police,
20fire or emergency medical service during some portion of the period of their service in such
21position.
22 (3) The provisions of this section shall also apply to any condition of COVID-19,
23Hepatitis A, B, or C, Tuberculosis, HIV, and any other contagious disease which is found by
24regulation by the commissioner of the department of public health to have a statistically
25significant correlation with police, fire or emergency medical service.
26 (4) Nothing herein shall preclude a member from applying for and receiving benefits
27under section seven or section nine, subject to the provisions of said sections.