HB 310 – SB 289
FISCAL NOTE
Fiscal Review Committee
Tennessee General Assembly
March 10, 2025
Fiscal Analyst: Rebecca Chandler | Email: rebecca.chandler@capitol.tn.gov | Phone: 615-741-2564
HB 310 – SB 289
SUMMARY OF BILL: Expands the James Dustin’ Samples Act to law enforcement officers
and emergency medical responders. Establishes a presumption, subject to certain criteria, that a
diagnosed post-traumatic stress disorder (PTSD) in law enforcement officers and emergency
medical responders (EMS) is incurred in the line of duty, and is compensable under the state
Workers' Compensation Law. Applies to law enforcement officers and emergency medical responders
who are diagnosed with PTSD within one year of the law enforcement officer’s, or emergency
medical responder's final date of employment.
FISCAL IMPACT:
STATE GOVERNMENT
EXPENDITURES Risk Management Fund
FY25-26 & Subsequent Years >$51,400
LOCAL GOVERNMENT
EXPENDITURES Mandatory
FY25-26 & Subsequent Years >$231,200
Article II, Section 24 of the Tennessee Constitution provides that: no law of general application shall impose increased expenditure
requirements on cities or counties unless the General Assembly shall provide that the state share in the cost.
Assumptions:
• Based on information provided by the Bureau of Workers’ Compensation, to date there
have been no PTSD claims for firefighters since the January 1, 2024 enactment of the James
Dustin’ Samples Act.
• According to the Bureau of Labor Statistics and Treasury in Tennessee there are an
estimated:
o 3,540 emergency medical technicians (EMTs);
o 3,860 paramedics;
o 17,850 local law enforcement officers;
o 7,956 state law enforcement officers; and
o 1,193 retired (within one year) law enforcement officers.
• According to a report from the National Council on Compensation Insurance, 14 percent
of emergency medical technicians are diagnosed with PTSD, and 4.7 percent of law
enforcement officers are diagnosed with PTSD. For analysis purposes, it is assumed that
14 percent of paramedics are diagnosed with PTSD.
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• Passage of the proposed legislation is estimated to increase claims by approximately 0.5
percent each year, estimated to be:
o 2 claims per year for state law enforcement {[(7,956 active + 1,193 retired) x 4.7%
PTSD] x .5% claims};
o 4 claims per year for local law enforcement [(17,850 local law enforcement x 4.7%
PTSD) x .5% claims}; and
o 5 claims per year for EMS workers {[(3,540 EMTs + 3,860 Paramedics) x 14 %
PTSD] x .5% claims}.
• According to the National Institutes of Health 2023 study The Economic Burden of
Posttraumatic Stress Disorder in the United States From a Societal Perspective, the average estimated
cost of a PTSD claim in the U.S. is $25,684.
• The Department of Treasury's Division of Claims and Risk Management administers all
workers' compensation claims for state agencies.
• The increase to the Treasury's Division of Claims and Risk Management is estimated to
exceed $51,368 ($25,684 x 2 claims) in FY25-26 and subsequent years.
• The Bureau of Workers' Compensation provides that claims benefits to local government
employees are paid by insurance carriers or self-insured employers, not the Bureau of
Workers' Compensation.
• Emergency medical responders and local law enforcement are employed by local
governments.
• The increase to local governments is estimated to exceed $231,156 [$25,684 x (4 local law
enforcement + 5 EMS)] in FY25-26 and subsequent years.
IMPACT TO COMMERCE:
NOT SIGNIFICANT
Assumptions:
• The workers’ compensation claims for state employee will be paid by Treasury and by local
governments for local law enforcement and emergency medical responders.
• While such recipients will receive payments for PTSD injuries, the increase and the extent
of treatment and services each recipient will receive is unknown but assumed to not result
in a significant increase in business revenue for such treatment and services.
• Any increase in revenue is estimated to result in a corresponding increase in expenditures
for the cost to provide the services; therefore, the net impact to commerce is considered to
be not significant.
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CERTIFICATION:
The information contained herein is true and correct to the best of my knowledge.
Bojan Savic, Executive Director