Texas 2023 - 88th Regular

Texas House Bill HB4147

Filed
3/8/23  
Out of House Committee
5/1/23  
Voted on by Senate
 
Governor Action
 
Bill Becomes Law
 

Caption

Relating to the eligibility of certain first responders for workers' compensation benefits for post-traumatic stress disorder.

Impact

If enacted, HB 4147 would modify the Labor Code to define PTSD as a compensable injury under workers' compensation laws. The law stipulates that for PTSD to be covered, it must be diagnosed based on events occurring in the course of employment, providing clarity on how claims are to be evaluated. Additionally, the law emphasizes that the injury date for claims will be the date when the first responder first recognizes that the disorder may be linked to their job. This addition significantly impacts the state's approach to mental health issues faced by those serving in high-stress emergency roles.

Summary

House Bill 4147 aims to extend workers' compensation benefits to include coverage for post-traumatic stress disorder (PTSD) for certain first responders in Texas, including peace officers, licensed emergency medical personnel, and certified firefighters. Previously, access to care and treatment for PTSD was available only for first responders at the local level, leaving state-employed first responders without similar protections. The bill seeks to fill this gap, ensuring that state first responders can receive compensation for PTSD related to the traumatic events they encounter during their duties.

Sentiment

The sentiment surrounding HB 4147 is primarily positive, with strong support from various stakeholders, including first responder organizations and mental health advocates. Proponents argue that recognizing PTSD as a compensable condition is a significant step in addressing the mental health crisis among first responders and providing them with adequate resources for care. However, there may be some concerns regarding the potential impact on workers' compensation costs and how claims will be managed under the new criteria.

Contention

While the bill received broad support, discussions reveal some contention around the specifics of implementation and the potential for increased claims. Some stakeholders voiced concerns regarding how the preponderance of evidence would be evaluated for claims, with fears of possible misuse. Furthermore, ensuring comprehensive mental health support alongside these benefits is essential to avoid merely treating the symptoms through compensation without addressing underlying issues. The outcome of the discussions reflects the ongoing struggle to balance adequate support for first responders with fiscal responsibility within the state's workers' compensation system.

Texas Constitutional Statutes Affected

Labor Code

  • Chapter 501. Workers' Compensation Insurance Coverage For State Employees, Including Employees Under The Direction Or Control Of The Board Of Regents Of Texas Tech University
    • Section: New Section
    • Section: New Section
  • Chapter 502. Workers' Compensation Insurance Coverage For Employees Of The Texas A&m University System And Employees Of Institutions Of The Texas A&m University System
    • Section: New Section
    • Section: New Section
  • Chapter 503. Workers' Compensation Insurance Coverage For Employees Of The University Of Texas System And Employees Of Institutions Of The University Of Texas System
    • Section: New Section
    • Section: New Section
  • Chapter 505. Workers' Compensation Insurance Coverage For Employees Of Texas Department Of Transportation
    • Section: New Section
    • Section: New Section

Companion Bills

TX SB1776

Identical Relating to the eligibility of certain first responders for workers' compensation benefits for post-traumatic stress disorder.

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