84R15982 CJC-D
By: Bohac H.B. No. 1388
Substitute the following for H.B. No. 1388:
By: Phillips C.S.H.B. No. 1388
A BILL TO BE ENTITLED
AN ACT
relating to certain diseases or illnesses suffered by firefighters
and emergency medical technicians.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
SECTION 1. Section 607.056, Government Code, is amended to
read as follows:
Sec. 607.056. ACUTE MYOCARDIAL INFARCTION OR STROKE. [(a)]
A firefighter or emergency medical technician who suffers an acute
myocardial infarction or stroke resulting in disability or death is
presumed to have suffered the disability or death during the course
and scope of employment as a firefighter or emergency medical
technician if [:
[(1) while on duty, the firefighter or emergency
medical technician:
[(A) was engaged in a situation that involved
nonroutine stressful or strenuous physical activity involving fire
suppression, rescue, hazardous material response, emergency
medical services, or other emergency response activity; or
[(B) participated in a training exercise that
involved nonroutine stressful or strenuous physical activity; and
[(2)] the acute myocardial infarction or stroke
occurred while the firefighter or emergency medical technician was
on duty [engaging in the activity described under Subdivision (1)].
[(b) For purposes of this section, "nonroutine stressful or
strenuous physical activity" does not include clerical,
administrative, or nonmanual activities.]
SECTION 2. Section 607.058, Government Code, is amended to
read as follows:
Sec. 607.058. PRESUMPTION REBUTTABLE. (a) A presumption
under Section 607.053, 607.054, 607.055, or 607.056 may be rebutted
through a showing by a preponderance of the evidence that a risk
factor, accident, hazard, or other cause not associated with the
individual's service as a firefighter or emergency medical
technician caused the individual's disease or illness.
(b) A rebuttal offered under this section must include a
statement by the person offering the rebuttal that describes, in
detail, the evidence that the person reviewed before making the
determination that a cause not associated with the individual's
service as a firefighter or emergency medical technician caused the
individual's disease or illness.
SECTION 3. Section 409.022, Labor Code, is amended by
adding Subsection (d) to read as follows:
(d) In this subsection, the terms "emergency medical
technician" and "firefighter" have the meanings assigned by Section
607.051, Government Code. In addition to the other requirements of
this section, if an insurance carrier's notice of refusal to pay
benefits under Section 409.021 is sent in response to a claim for
compensation resulting from an emergency medical technician's or a
firefighter's disability or death for which a presumption is
established under Subchapter B, Chapter 607, Government Code, the
notice must describe, in detail, the evidence the carrier reviewed
before making the determination not to pay benefits.
SECTION 4. The changes in law made by this Act apply to a
claim for benefits or compensation brought on or after the
effective date of this Act. A claim for benefits or compensation
brought before that date is covered by the law in effect on the date
the claim was made, and that law is continued in effect for that
purpose.
SECTION 5. This Act takes effect immediately if it receives
a vote of two-thirds of all the members elected to each house, as
provided by Section 39, Article III, Texas Constitution. If this
Act does not receive the vote necessary for immediate effect, this
Act takes effect September 1, 2015.