| 1 | 1 | | 1 of 1 |
|---|
| 2 | 2 | | SENATE DOCKET, NO. 1940 FILED ON: 1/17/2025 |
|---|
| 3 | 3 | | SENATE . . . . . . . . . . . . . . No. 1797 |
|---|
| 4 | 4 | | The Commonwealth of Massachusetts |
|---|
| 5 | 5 | | _________________ |
|---|
| 6 | 6 | | PRESENTED BY: |
|---|
| 7 | 7 | | Nick Collins |
|---|
| 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 caused by infectious diseases, presumption. |
|---|
| 13 | 13 | | _______________ |
|---|
| 14 | 14 | | PETITION OF: |
|---|
| 15 | 15 | | NAME:DISTRICT/ADDRESS :Nick CollinsFirst Suffolk 1 of 2 |
|---|
| 16 | 16 | | SENATE DOCKET, NO. 1940 FILED ON: 1/17/2025 |
|---|
| 17 | 17 | | SENATE . . . . . . . . . . . . . . No. 1797 |
|---|
| 18 | 18 | | By Mr. Collins, a petition (accompanied by bill, Senate, No. 1797) of Nick Collins for legislation |
|---|
| 19 | 19 | | relative to disability or death caused by infectious diseases, presumption. Public Service. |
|---|
| 20 | 20 | | [SIMILAR MATTER FILED IN PREVIOUS SESSION |
|---|
| 21 | 21 | | SEE SENATE, NO. 1624 OF 2023-2024.] |
|---|
| 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 caused by infectious diseases, 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:- |
|---|
| 32 | 32 | | 3 Section 94C. (1) Notwithstanding the provisions of any general or special law to the |
|---|
| 33 | 33 | | 4contrary, and for the purposes of any death, disability or medical services claim including claims |
|---|
| 34 | 34 | | 5under Chapter 32, Chapter 41 and Chapter 152 of the General Laws, any contagious disease, |
|---|
| 35 | 35 | | 6resulting in disability or death to a full-time uniformed member of a paid police department, fire |
|---|
| 36 | 36 | | 7department or municipal emergency medical service shall, if he or she successfully passed a |
|---|
| 37 | 37 | | 8physical examination on entry into such service or subsequent to such entry, which examination |
|---|
| 38 | 38 | | 9failed to reveal any evidence of such condition, be presumed to have been suffered in the line of |
|---|
| 39 | 39 | | 10duty, unless it is shown by a preponderance of the evidence that non-service connected risk 2 of 2 |
|---|
| 40 | 40 | | 11factors or non-service connected accidents or hazards undergone, or any combination thereof, |
|---|
| 41 | 41 | | 12caused such incapacity. The provisions of this section shall only apply if the disabling or fatal |
|---|
| 42 | 42 | | 13condition is a type of contagious disease which may, in general, result from exposure to blood |
|---|
| 43 | 43 | | 14and other body fluids of the sick, excluding the common cold. (2) Any person first discovering |
|---|
| 44 | 44 | | 15any such condition within five years of the last date on which such person actively so served |
|---|
| 45 | 45 | | 16shall be eligible to apply for benefits hereunder, and such benefits, if granted, shall be payable as |
|---|
| 46 | 46 | | 17of the date on which the employee last received regular compensation. The provisions of this |
|---|
| 47 | 47 | | 18section shall not apply to any person serving in such position unless such person shall first |
|---|
| 48 | 48 | | 19establish that he has regularly responded to calls for police, fire or emergency medical service |
|---|
| 49 | 49 | | 20during some portion of the period of his service in such position. (3) The provisions of this |
|---|
| 50 | 50 | | 21section shall also apply to any condition of COVID-19, Hepatitis A, B, or C, Tuberculosis, HIV, |
|---|
| 51 | 51 | | 22and any other contagious disease which is found by regulation by the commissioner of the |
|---|
| 52 | 52 | | 23department of public health to have a statistically significant correlation with police, fire or |
|---|
| 53 | 53 | | 24emergency medical service. (4) Nothing herein shall preclude a member from applying for and |
|---|
| 54 | 54 | | 25receiving benefits under section seven or section nine, subject to the provisions of said sections. |
|---|