Revision: March 20, 2018, 10:05 a.m.
SB 553-FN - AS AMENDED BY THE SENATE
03/15/2018 1116s
2018 SESSION
18-2880
01/10
SENATE BILL 553-FN
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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AMENDED ANALYSIS
This bill establishes a commission to study the incidence of post traumatic stress disorder in first responders and whether such disorder should be covered under workers' compensation.
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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Matter which is either (a) all new or (b) repealed and reenacted appears in regular type.
03/15/2018 1116s 18-2880
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 New Section; Commission to Study the Incidence of Post Traumatic Stress Disorder in First Responders and Whether Such Disorder Should be Covered Under Workers' Compensation. 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 incidence of post traumatic stress disorder in first responders and whether such disorder should be covered under workers' compensation. 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 representative of the National Alliance on Mental Illness New Hampshire, appointed by the alliance.
(9) A fire chief, appointed by the New Hampshire Association of Fire Chiefs.
(10) One member appointed by the New Hampshire Association of Chiefs of Police.
(11) One member appointed by the New Hampshire Police Association.
(12) A representative of the Professional Firefighters of New Hampshire, appointed by that organization.
(13) A representative of the New Hampshire Association of Emergency Medical Technicians, appointed by the association.
(14) A representative of the New Hampshire Ambulance Association, appointed by the association.
(15) A representative of the New Hampshire Public Risk Management Exchange, appointed by that organization.
(16) The adjutant general, or designee.
(17) An attorney, appointed by the New Hampshire Association of Justice.
(18) 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 commissions shall study:
(1) The prevalence of post traumatic stress disorder (PTSD) among first responders.
(2) The prevalence of PTSD, or factors contributing to PTSD, among first responders at the time of hiring.
(3) The extent to which first responders’ employment benefits provide health insurance coverage for treatment of PTSD.
(4) The degree to which employers who hire first responders are capable of reassigning affected workers to less stressful positions that would allow employees to continue working while receiving mental health treatment.
(5) The degree to which employers currently provide peer-to-peer counseling programs for first responders, the effectiveness of such programs, and the degree to which such programs should be expanded.
(6) The degree to which workplace culture prevents first responders from seeking assistance for mental health issues that may be caused or exacerbated by workplace stress.
(7) The extent to which prior military service may contribute to the rate of PTSD among first responders.
(8) The difficulty first responders currently have establishing that a PTSD diagnosis is causally related to employment.
(9) The difficulty employers would have establishing that a pre-employment condition or experience caused PTSD, rather than a first responders' current employment.
(10) The cost that creating a rebuttal presumption that PTSD was caused uncured during service in the line of duty would impose on public employers, private employers, and taxpayers.
(11) Other issues the commission deems relevant to its study.
(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. Ten 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.
2 Repeal. RSA 281-A:17-a, relative to a commission to study the incidence of post traumatic stress disorder in first responders and whether such disorder should be covered under workers' compensation, is repealed.
I. Section 2 of this act shall take effect November 1, 2018.
II. The remainder of this act shall take effect upon its passage.
18-2880
Amended 3/19/18
SB 553-FN- FISCAL NOTE
AS AMENDED BY THE SENATE (AMENDMENT #2018-1116s)
FISCAL IMPACT: [ ] State [ ] County [ ] Local [ X ] None
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METHODOLOGY:
This bill establishes a study commission to study the incidence of post traumatic stress disorder in first responders and whether such disorder should be covered under workers' compensation. This bill will have no impact on state, county, or local revenue or expenditures.
AGENCIES CONTACTED:
None