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HOUSE DOCKET, NO. 1529 FILED ON: 1/15/2025
HOUSE . . . . . . . . . . . . . . . No. 2846
The Commonwealth of Massachusetts
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PRESENTED BY:
Jessica Ann Giannino
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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:Jessica Ann Giannino16th Suffolk1/15/2025Marcus S. Vaughn9th Norfolk1/23/2025John J. Marsi6th Worcester1/23/2025Christopher Richard Flanagan1st Barnstable1/23/2025Angelo J. Puppolo, Jr.12th Hampden1/23/2025Steven George Xiarhos5th Barnstable1/23/2025David F. DeCoste5th Plymouth1/23/2025Paul K. Frost7th Worcester1/23/2025Paul McMurtry11th Norfolk1/23/2025Patrick Joseph Kearney4th Plymouth1/23/2025Dennis C. Gallagher8th Plymouth1/23/2025Rodney M. Elliott16th Middlesex1/23/2025Michael J. Soter8th Worcester1/23/2025Joseph W. McGonagle, Jr.28th Middlesex1/23/2025Brian W. Murray10th Worcester1/23/2025Joseph D. McKenna18th Worcester1/27/2025Steven Ultrino33rd Middlesex1/27/2025Kimberly N. Ferguson1st Worcester1/27/2025 2 of 2
Mark D. Sylvia10th Bristol1/27/2025Danillo A. Sena37th Middlesex1/27/2025Hannah Kane11th Worcester1/30/2025Erika Uyterhoeven27th Middlesex1/30/2025Michael D. BradySecond Plymouth and Norfolk2/3/2025Samantha Montaño15th Suffolk2/4/2025Jacob R. OliveiraHampden, Hampshire and Worcester2/10/2025James K. Hawkins2nd Bristol2/10/2025Daniel Cahill10th Essex2/10/2025James C. Arena-DeRosa8th Middlesex2/13/2025William F. MacGregor10th Suffolk2/20/2025Priscila S. Sousa6th Middlesex2/20/2025James Arciero2nd Middlesex2/24/2025Natalie M. Higgins4th Worcester2/24/2025Bruce E. TarrFirst Essex and Middlesex2/26/2025Adrian C. Madaro1st Suffolk3/5/2025Antonio F. D. Cabral13th Bristol3/5/2025 1 of 2
HOUSE DOCKET, NO. 1529 FILED ON: 1/15/2025
HOUSE . . . . . . . . . . . . . . . No. 2846
By Representative Giannino of Revere, a petition (accompanied by bill, House, No. 2846) of
Jessica Ann Giannino 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-Fourth General Court
(2025-2026)
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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 Chapter 32 of the General Laws is hereby amended by inserting after section 94B the
2following 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 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.