Revision: Jan. 16, 2018, 10:50 a.m.
SB 541-FN-A - AS INTRODUCED
2018 SESSION
18-2793
01/10
SENATE BILL 541-FN-A
AN ACT establishing a fund to reimburse costs associated with firefighters who have cancer.
SPONSORS: Sen. Innis, Dist 24; Sen. Gannon, Dist 23; Sen. Carson, Dist 14; Sen. Soucy, Dist 18; Rep. Danielson, Hills. 7; Rep. Emerick, Rock. 21; Rep. Murray, Rock. 24; Rep. T. Le, Rock. 31; Rep. Nigrello, Rock. 16
COMMITTEE: Finance
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ANALYSIS
This bill establishes a fund to reimburse costs associated with firefighters who have cancer. The fund shall consist of moneys from an annual assessment by the insurance department against each carrier and self-insurer issuing homeowners and business insurance policies.
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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Matter which is either (a) all new or (b) repealed and reenacted appears in regular type.
18-2793
01/10
STATE OF NEW HAMPSHIRE
In the Year of Our Lord Two Thousand Eighteen
AN ACT establishing a fund to reimburse costs associated with firefighters who have cancer.
Be it Enacted by the Senate and House of Representatives in General Court convened:
1 Workers' Compensation; Firefighter With Heart, Lung, and Cancer Disease. Amend RSA 281-A:17, II to read as follows:
II. Notwithstanding the provisions of RSA 281-A:2, XI and XIII, 16 and 27, there shall exist a prima facie presumption that cancer disease in a firefighter, whether a regular, call, volunteer, or retired member of a fire department, is occupationally related. In order to receive this occupational cancer disability benefit, the type of cancer involved must be a type which may be caused by exposure to heat, radiation, or a known or suspected carcinogen as defined by the International Agency for Research on Cancer, including such types and variations as colon, lung, melanoma, mesothelioma, multiple myeloma, non-melanoma skin cancer, prostate, rectal, non-Hodgkin’s lymphoma, and stomach cancer. However:
(a) A [call or volunteer] firefighter shall have the benefit of this prima facie presumption only if there is on record reasonable medical evidence that such firefighter was free of such disease [at the beginning of his or her employment] for 10 years after completion of the comprehensive medical physical. It shall be the duty of the employer of [call or volunteer] firefighters to provide the required reasonable medical evidence as outlined by the National Fire Protection Association standard 1582 or another evaluation mandated by the fire standards and training commission under RSA 21-P:25. [If the employer fails to do so, the call or volunteer firefighter shall have the benefit of the prima facie presumption regardless of the absence of said reasonable medical evidence.]
(b) A retired firefighter who agrees to submit to [any] a compliant physical examination [requested by his city, town, or precinct] during employment and meets all other standards pertaining to this section shall have the benefit of the prima facie presumption for a period of 20 years from the effective date of such firefighter's retirement.
(c) To qualify for treatment under this paragraph, a firefighter shall:
(1) After completion of a comprehensive medical physical determining the firefighter is cancer-free, document a tobacco-free lifestyle.
(2) Have continuously served at least 10 years in the fire service.
(3) Have completed courses and training in accordance with certification for firefighter I in accordance with RSA 21-P:25.
III.(a)(1) There is hereby established in the office of the state treasurer a fund to be known as the firefighters with cancer disease fund. All moneys in such fund shall be nonlapsing and continually appropriated to the commissioner to be used for the sole purpose of reimbursing costs associated with medical physicals under subparagraph (b) and additional costs in workers’ compensation coverage. The fund shall consist of moneys from an annual assessment by the insurance commissioner against each carrier and self-insurer issuing homeowners and business insurance policies. The assessment shall commence as soon as practicable after July 1, 2019. The commissioner, in consultation with the insurance commissioner, shall establish the amount of the assessment to produce the minimum amount necessary to carry out the purposes of this paragraph; provided, that the assessment shall not exceed ½ of one percent of all commercial and residential insurance policies paid during the previous calendar year. All moneys from the assessment shall be transferred to the state treasurer for deposit into the fund.
(2) The state treasurer shall disburse moneys from the fund only upon written order of the commissioner. The commissioner shall disburse moneys from the fund to the political subdivisions of this state and to the public risk pools covered under RSA 5-B. Costs of administering the fund, including actuarial or accounting costs, shall be a charge against the fund.
(3) The commissioner shall conserve the assets of the fund. The attorney general shall appoint an employee of the department of justice to represent the fund in all proceedings brought to enforce claims against the fund.
(4) The commissioner shall adopt rules, pursuant to RSA 541-A, relative to the proper administration of the fund.
(5) The state treasurer shall maintain a minimum balance of $500,000 and a maximum balance of $10,000,000 at any given time. Upon violation of this balance, the state treasurer shall report to the commissioner the necessity to evaluate rates to operate within the balance restrictions.
(b) Medical physicals under RSA 281-A:17, II(a) shall become accessible and reimbursable by the fund as follows:
(1) Permanent firefighters as active members in the New Hampshire retirement system group II before January 1, 1993 shall be eligible July 1, 2019.
(2) Permanent firefighters as active members in New Hampshire retirement system group II before January 1, 2000; and call firefighters, shall be eligible July 1, 2020.
(3) Permanent firefighters as active members in New Hampshire retirement system group II since January 1, 2000; and volunteer firefighters with a minimum 3 years’ service and confirmation by primary fire chief, shall be eligible July 1, 2021.
2 New Subparagraph; Rulemaking Added. Amend RSA 281-A:60, I by inserting after subparagraph (aa) the following new subparagraph:
(bb) The administration of the fund established in RSA 281-A:17, III.
3 New Subparagraph; Special Fund Added. Amend RSA 6:12, I(b) by inserting after subparagraph (339) the following new subparagraph:
(340) Moneys deposited into the firefighters with cancer disease fund, established in RSA 281-A:17, III.
4 Effective Date. This act shall take effect July 1, 2018.
18-2793
12/21/17
SB 541-FN-A- FISCAL NOTE
AS INTRODUCED
AN ACT establishing a fund to reimburse costs associated with firefighters who have cancer.
FISCAL IMPACT: [ X ] State [ ] County [ ] Local [ ] None
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| Estimated Increase / (Decrease) | |||
STATE: | FY 2019 | FY 2020 | FY 2021 | FY 2022 |
Appropriation | $0 | $0 | $0 | $0 |
Revenue | Indeterminable Increase | Indeterminable Increase | Indeterminable Increase | Indeterminable Increase |
Expenditures | Indeterminable Increase | Indeterminable Increase | Indeterminable Increase | Indeterminable Increase |
Funding Source: | [ X ] General [ ] Education [ ] Highway [ X ] Other - Assessments on Insurers | |||
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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 would establish a fund to reimburse costs associated with firefighters who have cancer. The fund would be supported by an annual assessment by the insurance department on carriers and self-insurers issuing homeowners and business insurance policies.
The Department of Labor indicates this bill would increase state, local and county expenditures by an indeterminable amount. The Department assumes the cost to insurers of paying the proposed assessment would likely be recouped by adjusting premium prices for commercial polices. To the extent state, county and local governments pay for these policies, they would be subject any increase in premium prices. The Department expects any such increase would be negligible. The Department expects its existing staff could handle any additional administrative responsibilities.
The Insurance Department assumes its role would be to invoice insurance carriers and annually review the fund balances to determine the assessment rate. The Department estimates the bill would require an additional 150 hours of staff time to administer at an annual cost of approximately $10,500.
The Department of Justice indicates the Attorney General would be required to represent the fund in all proceedings brought to enforce claims against the fund. The Department is not able to estimate the number or complexity of claims that would be brought against the fund and states the fiscal impact is indeterminable.
AGENCIES CONTACTED:
Departments of Labor, Insurance and Justice