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SENATE DOCKET, NO. 729 FILED ON: 1/18/2023
SENATE . . . . . . . . . . . . . . No. 1636
The Commonwealth of Massachusetts
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PRESENTED BY:
John J. Cronin
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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 caused by contagious diseases; presumption.
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PETITION OF:
NAME:DISTRICT/ADDRESS :John J. CroninWorcester and Middlesex 1 of 2
SENATE DOCKET, NO. 729 FILED ON: 1/18/2023
SENATE . . . . . . . . . . . . . . No. 1636
By Mr. Cronin, a petition (accompanied by bill, Senate, No. 1636) of John J. Cronin for
legislation relative to disability or death caused by contagious diseases. Public Service.
[SIMILAR MATTER FILED IN PREVIOUS SESSION
SEE HOUSE, NO. 2650 OF 2021-2022.]
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 caused by contagious diseases; 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 he or she 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 2 of 2
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
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 he has regularly responded to calls for police,
20fire or emergency medical service during some portion of the period of his 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.