Massachusetts 2023-2024 Regular Session

Massachusetts Senate Bill S1645

Introduced
2/16/23  

Caption

Relative to disability or death caused by post-traumatic stress disorder

Impact

The implications of S1645 are significant for certain employee groups, notably uniformed members of police, fire departments, and personnel working in correctional facilities. Under the proposed legislation, any diagnosed PTSD that results in partial or total disability or death will be presumed to be a result of duty-related stress, granting these employees easier access to disability benefits if the condition was not evident during their initial employment examination. Moreover, if someone is first diagnosed with PTSD within five years of their active duty service, they will be eligible to apply for these benefits retroactively to the last day of their service.

Summary

Senate Bill S1645, presented by Senator Sal N. DiDomenico and others, seeks to amend Chapter 32 of the General Laws of Massachusetts regarding the disability or death caused by post-traumatic stress disorder (PTSD). Specifically, it proposes a new section that outlines the criteria under which individuals afflicted with PTSD can be presumed to have suffered the condition in the line of duty, thereby facilitating access to disability benefits. The bill defines PTSD in alignment with the American Psychiatric Association's criteria and stipulates that qualified mental health professionals must diagnose the condition.

Contention

Notable points of contention include the stipulation that PTSD cannot be presumed to arise from disciplinary actions or personnel evaluations, which some may argue could limit the bill's effectiveness. Critics of similar previous bills have raised concerns over the criteria set for what may or may not be considered service-related mental health conditions, worried that this could complicate claims for benefits. Proponents, on the other hand, emphasize that this bill represents a necessary acknowledgment of the mental health challenges faced by first responders, ultimately aimed at addressing the stigma surrounding PTSD in these professions.

Companion Bills

MA H4746

Similar To Relative to disability pensions and critical incident stress management for violent crimes

MA S1637

Replaced by Relative to the disability or death caused by post-traumatic stress disorder (PTSD)

Similar Bills

No similar bills found.