Massachusetts 2025-2026 Regular Session

Massachusetts House Bill H2846 Compare Versions

Only one version of the bill is available at this time.

Old	New	Differences
1	1	1 of 2
2	2	HOUSE DOCKET, NO. 1529 FILED ON: 1/15/2025
3	3	HOUSE . . . . . . . . . . . . . . . No. 2846
4	4	The Commonwealth of Massachusetts
5	5	_________________
6	6	PRESENTED BY:
7	7	Jessica Ann Giannino
8	8	_________________
9	9	To the Honorable Senate and House of Representatives of the Commonwealth of Massachusetts in General
10	10	Court assembled:
11	11	The undersigned legislators and/or citizens respectfully petition for the adoption of the accompanying bill:
12	12	An Act relative to disability or death cause by contagious disease; presumption.
13	13	_______________
14	14	PETITION OF:
15	15	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
16	16	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
17	17	HOUSE DOCKET, NO. 1529 FILED ON: 1/15/2025
18	18	HOUSE . . . . . . . . . . . . . . . No. 2846
19	19	By Representative Giannino of Revere, a petition (accompanied by bill, House, No. 2846) of
20	20	Jessica Ann Giannino and others relative to the presumption for disability or death cause by
21	21	contagious diseases. Public Service.
22	22	The Commonwealth of Massachusetts
23	23	_______________
24	24	In the One Hundred and Ninety-Fourth General Court
25	25	(2025-2026)
26	26	_______________
27	27	An Act relative to disability or death cause by contagious disease; presumption.
28	28	Be it enacted by the Senate and House of Representatives in General Court assembled, and by the authority
29	29	of the same, as follows:
30	30	1 Chapter 32 of the General Laws is hereby amended by inserting after section 94B the
31	31	2following new section: Section 94C.
32	32	3 (1) Notwithstanding the provisions of any general or special law to the contrary, and for
33	33	4the purposes of any death, disability or medical services claim including claims under Chapter
34	34	532, Chapter 41 and Chapter 152 of the General Laws, any contagious disease, resulting in
35	35	6disability or death to a full-time uniformed member of a paid police department, fire department
36	36	7or municipal emergency medical service shall, if the person successfully passed a physical
37	37	8examination on entry into such service or subsequent to such entry, which examination failed to
38	38	9reveal any evidence of such condition, be presumed to have been suffered in the line of duty,
39	39	10unless it is shown by a preponderance of the evidence that non-service connected risk factors or
40	40	11non-service connected accidents or hazards undergone, or any combination thereof, caused such
41	41	12incapacity. The provisions of this section shall only apply if the disabling or fatal condition is a 2 of 2
42	42	13type of contagious disease which may, in general, result from exposure to blood and other body
43	43	14fluids of the sick, excluding the common cold.
44	44	15 (2) Any person first discovering any such condition within five years of the last date on
45	45	16which such person actively served shall be eligible to apply for benefits hereunder, and such
46	46	17benefits, if granted, shall be payable as of the date on which the employee last received regular
47	47	18compensation. The provisions of this section shall not apply to any person serving in such
48	48	19position unless such person shall first establish that they regularly responded to calls for police,
49	49	20fire or emergency medical service during some portion of the period of their service in such
50	50	21position.
51	51	22 (3) The provisions of this section shall also apply to any condition of COVID-19,
52	52	23Hepatitis A, B, or C, Tuberculosis, HIV, and any other contagious disease which is found by
53	53	24regulation by the commissioner of the department of public health to have a statistically
54	54	25significant correlation with police, fire or emergency medical service.
55	55	26 (4) Nothing herein shall preclude a member from applying for and receiving benefits
56	56	27under section seven or section nine, subject to the provisions of said sections.