Revision: April 4, 2018, 3:04 p.m.
SB 541-FN-A - AS AMENDED BY THE SENATE
03/22/2018 1188s
2018 SESSION
18-2793
01/10
SENATE BILL 541-FN-A
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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AMENDED 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. This bill also establishes a commission to study the funding and operations of the presumption under workers' compensation requiring reimbursement of costs associated with firefighters who have cancer.
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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Matter which is either (a) all new or (b) repealed and reenacted appears in regular type.
03/22/2018 1188s 18-2793
01/10
STATE OF NEW HAMPSHIRE
In the Year of Our Lord Two Thousand Eighteen
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, prostate, rectal, non-Hodgkin’s lymphoma, and stomach. 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. 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 II(b) and additional costs in workers’ compensation coverage. The state treasurer shall disburse moneys from the fund only upon written order of the commissioner. The commissioner, with the approval of the fiscal committee of the general court, shall disburse moneys from the fund to the political subdivisions of this state and to the public risk pools covered under RSA 5-B. 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. The commissioner shall adopt rules, pursuant to RSA 541-A, relative to the proper administration of the fund.
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 New Section; Commission to Study the Funding and Operations of the Presumption Under Workers' Compensation Requiring the Reimbursement of Costs Associated with Firefighters who Have Cancer. Amend RSA 281-A by inserting after section 17 the following new section:
281-A:17-a Commission Established.
I.(a) There is established a commission to study the funding and operations of the presumption under workers' compensation requiring the reimbursement of costs associated with firefighters who have cancer. The members of the commission shall be as follows:
(1) One member of the senate, appointed by the president of the senate.
(2) Three members of the house of representatives, appointed by the speaker of the house of representatives.
(3) The labor commissioner, or designee.
(4) The commissioner of safety, or designee.
(5) The insurance commissioner, or designee.
(6) A representative of the New Hampshire Municipal Association, appointed by the association.
(7) A representative of the New Hampshire Association of Counties, appointed by the association.
(8) A fire chief, appointed by the New Hampshire Association of Fire Chiefs.
(9) A representative of the Professional Fire Fighters of New Hampshire, appointed by that organization.
(10) A representative of the New Hampshire Public Risk Management Exchange, appointed by that organization.
(11) An attorney practicing in the field of workers' compensation defense, appointed by the governor.
(b) Legislative members of the commission shall receive mileage at the legislative rate when attending to the duties of the commission.
II.(a) The commission shall study:
(1) The costs that have been incurred to date under RSA 281-A:17.
(2) How to conclusively determine that the cause of cancer is occupationally related.
(3) Reasonable methods and practices to screen out non-occupationally related cancers, that are a result of, including, but not limited to: other employment, genetics, and lifestyle choices made before, during, and after service.
(4) The annual costs to provide physicals and the additional workers’ compensation coverage and how they should be funded.
(5) An appropriate, stable, and long-term funding mechanism and the costs of administering the funding mechanism.
(6) Whether the funding mechanism should include an insurance assessment against carriers issuing certain insurance policies.
(7) Any other issues applicable to the subject matter of RSA 281-A:17.
(b) The commission may solicit input from any person or entity the commission deems relevant to its study.
III. The members of the commission shall elect a chairperson from among the members. The first meeting of the commission shall be called by the senate member. The first meeting of the commission shall be held within 45 days of the effective date of this section. Seven members of the commission shall constitute a quorum.
IV. On or before November 1, 2018, the commission shall submit a report of its findings and any recommendations for proposed legislation to the president of the senate, the speaker of the house of representatives, the senate clerk, the house clerk, the governor, and the state library.
5 Repeal. RSA 281-A:17-a, relative to a commission to study the funding and operations of the presumption under workers' compensation requiring the reimbursement of costs associated with firefighters who have cancer, is repealed.
I. Sections 1-3 of this act shall take effect July 1, 2018.
II. Section 5 of this act shall take effect November 1, 2018.
III. The remainder of this act shall take effect upon its passage.
18-2793
Amended 4/4/18
SB 541-FN-A- FISCAL NOTE
AS AMENDED BY THE SENATE (AMENDMENT #2018-1188s)
FISCAL IMPACT: [ X ] State [ X ] County [ X ] 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 | Indeterminable | Indeterminable | Indeterminable |
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LOCAL: |
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Revenue | $0 | $0 | $0 | $0 |
Expenditures | Indeterminable | Indeterminable | Indeterminable | Indeterminable |
METHODOLOGY:
This bill would establish a fund to reimburse costs associated with firefighters who have cancer and establish a study commission to study, among other things, potential costs and funding of the additional coverage.
The Department of Labor indicates this bill could increase state expenditures by an indeterminable amount as it establishes a dedicated fund from which to pay for the cost of care and required medical physicals. The Department states it is unclear what the fiscal impact, if any, there would be on county and local government. The Department expects its existing staff could handle any additional administrative responsibilities.
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 may be brought against the fund and states the fiscal impact is indeterminable.
AGENCIES CONTACTED:
Departments of Labor and Justice