Revision: July 11, 2018, 3:36 p.m.
CHAPTER 369
SB 541-FN-A - FINAL VERSION
03/22/2018 1188s
2May2018... 1683h
05/23/2018 2056CofC
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Matter which is either (a) all new or (b) repealed and reenacted appears in regular type.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
05/23/2018 2056CofC 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:
369:1 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 RSA 281-A:17, II is repealed and reenacted to read as follows: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 firefighter who has been a firefighter for 10 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 and has been a firefighter for 10 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.
(c) No active or retired firefighter shall receive the presumption benefit unless the employer voluntarily has in effect a policy that follows the fire standards and training commission curriculum requirement for best practices for use and cleaning of equipment.
369:2 Effective Date. This act shall take effect upon its passage.
Approved: July 10, 2018
Effective Date: July 10, 2018