Revision: Jan. 9, 2018, 9:32 a.m.
SB 553-FN - AS INTRODUCED
2018 SESSION
18-2880
01/10
SENATE BILL 553-FN
AN ACT relative to mental health parity for workers' compensation.
SPONSORS: Sen. Hennessey, Dist 5; Sen. Bradley, Dist 3; Sen. Carson, Dist 14; Sen. Cavanaugh, Dist 16; Sen. D'Allesandro, Dist 20; Sen. Fuller Clark, Dist 21; Sen. Lasky, Dist 13; Sen. Soucy, Dist 18; Sen. Watters, Dist 4; Sen. Woodburn, Dist 1; Rep. Shurtleff, Merr. 11; Rep. Proulx, Hills. 44; Rep. M. McCarthy, Hills. 29; Rep. Elliott, Rock. 8
COMMITTEE: Commerce
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ANALYSIS
This bill establishes workers' compensation claims for police officers, firefighters, and emergency medical providers for post-traumatic stress disorders and certain mental health conditions.
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Explanation: Matter added to current law appears in bold italics.
Matter removed from current law appears [in brackets and struckthrough.]
Matter which is either (a) all new or (b) repealed and reenacted appears in regular type.
18-2880
01/10
STATE OF NEW HAMPSHIRE
In the Year of Our Lord Two Thousand Eighteen
AN ACT relative to mental health parity for workers' compensation.
Be it Enacted by the Senate and House of Representatives in General Court convened:
1 Workers' Compensation; Definitions. Amend RSA 281-A:2, XI to read as follows:
XI. "Injury'' or "personal injury'' as used in and covered by this chapter means accidental injury or death arising out of and in the course of employment, or any occupational disease or resulting death arising out of and in the course of employment, including disability due to radioactive properties or substances or exposure to ionizing radiation. "Injury'' or "personal injury'' shall not include diseases or death resulting from stress without physical manifestation. "Injury'' or " personal injury'' shall not include a mental injury if it results from any disciplinary action, work evaluation, job transfer, layoff, demotion, termination, or any similar action, taken in good faith by an employer. No compensation shall be allowed to an employee for injury proximately caused by the employee's willful intention to injure himself or injure another. Conditions of the aging process, including but not limited to heart and cardiovascular conditions, shall be compensable only if contributed to or aggravated or accelerated by the injury. Notwithstanding any law to the contrary, "injury'' or "personal injury'' shall not mean accidental injury, disease, or death resulting from participation in athletic/recreational activities, on or off premises, unless the employee reasonably expected, based on the employer's instruction or policy, that such participation was a condition of employment or was required for promotion, increased compensation, or continued employment. "Personal injury" includes an injury caused by the willful act of a third person directed against an employee because of that employment.
2 New Section; Mental Health Parity for Police Officers, Firefighters, and Emergency Medical Providers. Amend RSA 281-A by inserting after section 17 the following new section:
281-A:17-a Mental Health Parity for Police Officers, Firefighters, and Emergency Medical Providers.
I. In this section:
(a) "Firefighter" means a call, volunteer, or regular firefighter.
(b) "Mental health professional" means a person with professional training, experience, and demonstrated competence in the treatment and diagnosis of mental conditions, who is certified or licensed by this state to provide mental health care services and for whom diagnoses of mental conditions are within his or her scope of practice, including a physician, nurse with recognized psychiatric specialties, psychologist, clinical social worker, mental health counselor, or alcohol or drug abuse counselor.
(c) “Police officer” means a law enforcement officer certified under RSA 106-L.
(d) "Rescue or ambulance worker” means ambulance service, emergency medical personnel, first responder service, and volunteer personnel.
II.(a) In the case of police officers, rescue or ambulance workers, or firefighters, post-traumatic stress disorder that is diagnosed by a mental health professional shall be presumed to have been incurred during service in the line of duty and shall be compensable, unless it is shown by a preponderance of the evidence that the post-traumatic stress disorder was caused by nonservice-connected risk factors or nonservice-connected exposure.
(b) A police officer, rescue or ambulance worker, or firefighter who is diagnosed with post-traumatic stress disorder within 3 years of the last active date of employment as a police officer, rescue or ambulance worker, or firefighter shall be eligible for benefits under this chapter.
III. A mental condition resulting from a work-related event or work-related stress shall be considered a personal injury by accident arising out of and in the course of employment and be compensable if it is demonstrated by a preponderance of the evidence that:
(a) The work-related event or work-related stress was extraordinary and unusual in comparison to pressures and tensions experienced by the average employee across all occupations; and
(b) The work-related event or work-related stress, and not some other event or source of stress, was the predominant cause of the mental condition.
(c) A mental condition shall not be considered a personal injury by accident arising out of and in the course of employment if it results from any disciplinary action, work evaluation, job transfer, layoff, demotion, termination, or similar action taken in good faith by the employer.
I. The commissioner shall examine claims for workers' compensation made under RSA 281-A:17-a as inserted by section 2 of this act between the effective date of this act and January 1, 2020 including:
(a) The number of claims made;
(b) The cost of the workers compensation benefits provided for those claims; and
(c) Any changes in administrative and premium costs associated with those claims.
II. On or before November 1, 2019 and on or before November 1, 2020, the commissioner of labor shall make a report detailing the findings under paragraph I and any recommendations for legislation to the president of the senate, the speaker of the house of representatives, the governor, and the chairs of the senate and house committees having jurisdiction over workers' compensation issues.
4 Effective Date. This act shall take effect January 1, 2019.
18-2880
12/20/17
SB 553-FN- FISCAL NOTE
AS INTRODUCED
AN ACT relative to mental health parity for workers' compensation.
FISCAL IMPACT: [ X ] State [ X ] County [ X ] Local [ ] None
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STATE: | FY 2019 | FY 2020 | FY 2021 | FY 2022 |
Appropriation | $0 | $0 | $0 | $0 |
Revenue | $0 | $0 | $0 | $0 |
Expenditures | Indeterminable Increase | Indeterminable Increase | Indeterminable Increase | Indeterminable Increase |
Funding Source: | [ X ] General [ X ] Education [ X ] Highway [ X ] Other | |||
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COUNTY: |
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Revenue | $0 | $0 | $0 | $0 |
Expenditures | Indeterminable Increase | Indeterminable Increase | Indeterminable Increase | Indeterminable Increase |
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LOCAL: |
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Revenue | $0 | $0 | $0 | $0 |
Expenditures | Indeterminable Increase | Indeterminable Increase | Indeterminable Increase | Indeterminable Increase |
METHODOLOGY:
This bill expands the definition of "personal injury" under the workers compensation statute (RSA 281-A) to include injuries caused by the willful act of a third person directed against an employee because of that employment. It establishes workers' compensation claims for mental conditions resulting from work-related events or work-related stress (PTSD) for firefighters, police officers, and rescue or ambulance workers when diagnosed by a mental health professional. The bill creates a presumption that such claims have been incurred in the course of employment and are therefore compensable. Such claims will also be compensable if diagnosed within three years after the last active date of employment.
The Department of Administrative Services (DAS) states the bill expands the definition of a covered injury to include injuries caused by a third party because of the employee's job. Currently such injuries may not be covered if they occurred outside the course and scope of employment. DAS indicates the bill also creates a presumption in favor of public safety employees diagnosed with post-traumatic stress disorder and creates new criteria as the basis for such claims. Potential filings may increase for the New Hampshire Retirement System for accidental disability pensions which include paid retiree health coverage at the time of retirement, regardless of employee age or years of creditable service. Potential increases in covered workers' compensation claims, accepted accidental disability pensions and any associated retiree health costs could increase the fiscal impact. Employee average weekly wage, treatment costs, pension amounts, Medicare eligibility, and age at time of accidental disability retirement would affect individual employee costs. Due to the public nature of the work performed by state employees and the potential severity and long-term nature of these types of claims, the total fiscal impact is indeterminable.
The New Hampshire Municipal Association indicates this would likely lead to increased workers' compensation premiums for municipal employers. It may also result in increased costs for pre-employment mental health examinations. The Association has no information to estimate such increase, thus the fiscal impact is indeterminable.
The Department of Labor (DOL) indicates additional claims and compensation at the local and county level may result from the bill but there is no way to quantify such costs, therefore the fiscal impact is indeterminable. The DOL indicates that additional claims or reporting requirements of the bill would not add any appreciable cost to the operations of the DOL and would have no effect on state expenditures or revenues.
The Insurance Department and New Hampshire Association of Counties state there is no fiscal impact to their operations.
AGENCIES CONTACTED:
Departments of Administrative Services, Labor and Insurance, New Hampshire Municipal Association, and New Hampshire Association of Counties