EXPLANATION: CAPITALS INDICATE MAT TER ADDED TO EXISTIN G LAW.
[Brackets] indicate matter deleted from existing law.
*hb0217*
HOUSE BILL 217
K1 5lr1559
HB 1145/24 – ECM (PRE–FILED) CF SB 173
By: Delegates Rogers and Pruski
Requested: October 31, 2024
Introduced and read first time: January 8, 2025
Assigned to: Economic Matters
A BILL ENTITLED
AN ACT concerning 1
Workers’ Compensation – Occupational Disease Presumptions – Hypertension 2
FOR the purpose of establishing that certain firefighters, fire fighting instructors, rescue 3
squad members, advanced life support unit members, and members of the Office of 4
the State Fire Marshal demonstrate disablement for purposes of workers’ 5
compensation and are deemed to have hypertension for purposes of an occupational 6
disease presumption for hypertension if certain requirements are met; and generally 7
relating to occupational disease presumptions under workers’ compensation law. 8
BY repealing and reenacting, without amendments, 9
Article – Labor and Employment 10
Section 9–502 11
Annotated Code of Maryland 12
(2016 Replacement Volume and 2024 Supplement) 13
BY repealing and reenacting, with amendments, 14
Article – Labor and Employment 15
Section 9–503(a) 16
Annotated Code of Maryland 17
(2016 Replacement Volume and 2024 Supplement) 18
SECTION 1. BE IT ENACTED BY THE GENERAL ASSEMBLY OF MARYLAND, 19
That the Laws of Maryland read as follows: 20
Article – Labor and Employment 21
9–502. 22
(a) In this section, “disablement” means the event of a covered employee becoming 23
partially or totally incapacitated: 24 2 HOUSE BILL 217
(1) because of an occupational disease; and 1
(2) from performing the work of the covered employee in the last occupation 2
in which the covered employee was injuriously exposed to the hazards of the occupational 3
disease. 4
(b) Subsection (c) of this section applies only to: 5
(1) the employer in whose employment the covered employee was last 6
injuriously exposed to the hazards of the occupational disease; and 7
(2) the insurer liable for the risk when the covered employee, while 8
employed by the employer, was last injuriously exposed to the hazards of the occupational 9
disease. 10
(c) Subject to subsection (d) of this section and except as otherwise provided, an 11
employer and insurer to whom this subsection applies shall provide compensation in 12
accordance with this title to: 13
(1) a covered employee of the employer for disability of the covered 14
employee resulting from an occupational disease; or 15
(2) the dependents of the covered employee for death of the covered 16
employee resulting from an occupational disease. 17
(d) An employer and insurer are liable to provide compensation under subsection 18
(c) of this section only if: 19
(1) the occupational disease that caused the death or disability: 20
(i) is due to the nature of an employment in which hazards of the 21
occupational disease exist and the covered employee was employed before the date of 22
disablement; or 23
(ii) has manifestations that are consistent with those known to 24
result from exposure to a biological, chemical, or physical agent that is attributable to the 25
type of employment in which the covered employee was employed before the date of 26
disablement; and 27
(2) on the weight of the evidence, it reasonably may be concluded that the 28
occupational disease was incurred as a result of the employment of the covered employee. 29
(e) A covered employee or a dependent of the covered employee is not entitled to 30
compensation for a disability or death that results from an occupational disease if, when 31
the covered employee began employment with the employer, the covered employee falsely 32
represented in writing that the covered employee had not been disabled, laid off, or 33 HOUSE BILL 217 3
compensated in damages or otherwise, due to the occupational disease for which the 1
covered employee or dependent is seeking compensation. 2
9–503. 3
(a) (1) A paid firefighter, paid fire fighting instructor, paid rescue squad 4
member, paid advanced life support unit member, or sworn member of the Office of the 5
State Fire Marshal employed by an airport authority, a county, a fire control district, a 6
municipality, or the State or a volunteer firefighter, volunteer fire fighting instructor, 7
volunteer rescue squad member, or volunteer advanced life support unit member who is a 8
covered employee under § 9–234 of this title is presumed to have an occupational disease 9
that was suffered in the line of duty and is compensable under this title if: 10
[(1)] (I) 1. the individual has heart disease[, hypertension,] or lung 11
disease; 12
[(2)] 2. the heart disease[, hypertension,] or lung disease results 13
in partial or total disability or death; and 14
[(3)] 3. in the case of a volunteer firefighter, volunteer fire 15
fighting instructor, volunteer rescue squad member, or volunteer advanced life support unit 16
member, the individual has met a suitable standard of physical examination before 17
becoming a firefighter, fire fighting instructor, rescue squad member, or advanced life 18
support unit member; OR 19
(II) 1. THE INDIVIDUAL HAS H YPERTENSION ; AND 20
2. IN THE CASE OF A VOL UNTEER FIRE FIGHTER, 21
VOLUNTEER FIRE FIGHT ING INSTRUCTOR , VOLUNTEER RESCUE SQU AD MEMBER, OR 22
VOLUNTEER ADVANCED L IFE SUPPORT UNIT MEM BER, THE INDIVIDUAL HAS M ET A 23
SUITABLE STANDARD OF PHYSICAL EXAMINATION BEFORE BECOMING A 24
FIREFIGHTER, FIRE FIGHTING INSTRU CTOR, RESCUE S QUAD MEMBER , OR 25
ADVANCED LIFE SUPPOR T UNIT MEMBER . 26
(2) NOTWITHSTANDING ANY O THER PROVISION OF TH IS TITLE, AN 27
INDIVIDUAL DEMONSTRA TES DISABLEMENT UNDE R § 9–502 OF THIS SUBTITLE AND 28
IS DEEMED TO HAVE HY PERTENSION UNDER PAR AGRAPH (1)(II)1 OF THIS 29
SUBSECTION IF THE INDIVIDUAL : 30
(I) HAS BLOOD PRESSURE R EADINGS THAT EXCEED 140 MM HG 31
SYSTOLIC OR 90 MM HG DIASTOLIC AS REQUI RED FOR A FINDING OF HYPERTENSION 32
UNDER THE 2022 EDITION OF THE NATIONAL FIRE PROTECTION ASSOCIATION 1582 33
STANDARD ON COMPREHENSIVE OCCUPATIONAL MEDICAL PROGRAM FOR FIRE 34
DEPARTMENTS ; AND 35
4 HOUSE BILL 217
(II) HAS BEEN REQUIRED TO USE PRESCRIBED MEDIC ATION TO 1
TREAT HYPERTENSION F OR AT LEAST 90 CONSECUTIVE DAYS . 2
SECTION 2. AND BE IT FURTHER ENACTED, That this Act shall take effect 3
October 1, 2025. 4