Revision: May 9, 2018, 12:18 p.m.
SB 541-FN-A - AS AMENDED BY THE HOUSE
03/22/2018 1188s
2May2018... 1683h
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 clarifies when a firefighter has the benefit of the presumption under workers' compensation requiring the 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Matter which is either (a) all new or (b) repealed and reenacted appears in regular type.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
2May2018... 1683h 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 and Heart, Lung, or Cancer Disease. RSA 281-A:17, II is repealed and reenacted to read as follows: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 carcinogen, as defined by the International Agency for Research on Cancer. However:
(a) A call or volunteer firefighter who has been a firefighter for 5 years shall have the benefit of this prima facie presumption as follows:
(1) If a fire department follows the medical examination as outlined by the National Fire Protection Association standard 1582, the firefighter shall provide this report as evidence that the firefighter was free of such disease at the beginning of his or her employment and shall guarantee that he or she has lived a tobacco free life. The employer of a call or volunteer firefighter shall provide the required reasonable medical evidence to the firefighter to present as part of his or her claim.
(2) If the fire department does not follow the medical examination standard, the firefighter shall guarantee that he or she has lived a tobacco free life, has been a firefighter for 5 years and shall be required to present after action reports filed after fire incidents which demonstrate exposure to the known carcinogens as part of the claim, but shall not have the benefit of the prima facie presumption.
(b) A retired firefighter who has been retired between 6 and 20 years who guarantees that he or she has lived a tobacco free life and who is receiving a pension, shall be eligible for medical payments only under this section. If a new claim is being filed, the firefighter shall be responsible for filing applicable data and after action reports if no physical report can be provided. A retired firefighter who agrees to submit to any physical examination requested by the employing city, town, or precinct shall have the benefit of the prima facie presumption for a period of 20 years from the effective date of the firefighter's retirement, during which time the firefighter shall be eligible to have his or her medical expenses paid for this period.
2 Effective Date. This act shall take effect upon its passage.
18-2793
Amended 5/9/18
SB 541-FN-A- FISCAL NOTE
AS AMENDED BY THE HOUSE (AMENDMENT #2018-1683h)
FISCAL IMPACT: [ ] State [ ] County [ X ] Local [ ] None
LOCAL: |
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Revenue | $0 | $0 | $0 | $0 |
Expenditures | Indeterminable | Indeterminable | Indeterminable | Indeterminable |
METHODOLOGY:
This bill clarifies when a firefighter has the benefit of the presumption under workers' compensation requiring the reimbursement of costs associated with firefighters who have cancer.
The Department of Labor indicates this bill would not have an impact on the expenditures or revenues of the Department. The Department assumes there would not be an impact on county revenues or expenditures, but there may be increased costs at the local level concerning reimbursement for cancer cases deemed to be occupationally related and reimbursable through workers compensation.
The New Hampshire Municipal Association states the bill modifies the law regarding a prima facie presumption that cancer disease in a firefighter is occupationally related for purposes of workers’ compensation. Under the current law, for a firefighter to receive a cancer disability benefit, the type of cancer must be one that may be caused by exposure to heat, radiation, or “a known or suspected carcinogen.” The bill as amended deletes the words “or suspected,” thus potentially limiting the circumstances under which the benefit would apply. The bill also modifies the requirements for a call or volunteer firefighter to obtain the benefit of the prima facie presumption by allowing the presumption only if the fire department has followed certain medical examination standards. The Association does not have any information from which to determine the effect these changes may have on workers’ compensation claims or premiums. The Association indicates there could be costs incurred both in conducting pre-employment medical examinations designed to detect cancer and in paying benefits to firefighters who have cancer, who because of the presumption, could qualify for benefits if their cancer was not work-related. The Association states the bill will not affect municipal revenues.
AGENCIES CONTACTED:
Department of Labor and New Hampshire Municipal Association