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Engrossed Version House Bill 3107 History

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Key: Green = existing Code. Red = new code to be enacted

WEST virginia legislature

2021 regular session

Engrossed

House Bill 3107

By Delegates Criss, Lovejoy, J. Jeffries and L. Pack

[Introduced March 12, 2021; referred to the Committee on Fire Departments and Emergency Medical Services then the Judiciary]


 

A BILL to amend and reenact §23-4-1f of the Code of West Virginia, 1931, as amended, relating to allowing workers’ compensation benefits for first responders diagnosed with post-traumatic stress disorder resulting from an event or events that occurred during their employment; providing for diagnosis; noting that treatment can be conducted by other licensed mental health professionals once the initial diagnosis has been made by a psychiatrist; making benefits and employer immunity contingent on employers adding PTSD to their scope of workers’ compensation coverage; and, requiring the Offices of the Insurance Commission to report annually to the Legislature on first responder PTSD claims.

Be it enacted by the Legislature of West Virginia:


ARTICLE 4. DISABILITY AND DEATH BENEFITS.

§23-4-1f. Certain psychiatric injuries and diseases not compensable; definitions; legislative findings; terms; report required.

For (a) Except as provided by this section, for the purposes of this chapter, no alleged injury or disease shall may be recognized as a compensable injury or disease which was solely caused by nonphysical means and which did not result in any physical injury or disease to the person claiming benefits. It Except as otherwise provided in this section, it is the purpose of this section to clarify that so-called mental-mental claims are not compensable under this chapter.

(b) For the purposes of this section:

(1) “First responder” means a law enforcement officer, firefighter, emergency medical technician, paramedic and emergency dispatcher;

(2) “Post-traumatic stress disorder” means a disorder that meets the diagnostic criteria for post-traumatic stress disorder specified by the American Psychiatric Association in the Diagnostic

and Statistical Manual of Mental Disorders, fifth edition, or a later edition as adopted by rule of the insurance commissioner; and

(3) “Licensed mental health provider” means a psychiatrist, psychologist, licensed professional counselor, licensed marriage and family therapist or licensed social worker who is qualified to treat post-traumatic stress disorder.

(4) “Employer” means any entity that controls the paid or volunteer employment of a first responder eligible for benefits under this section.

(c) The Legislature finds that post-traumatic stress disorder is a unique medical condition. Although it may manifest itself as a psychiatric condition that would be otherwise precluded from workers’ compensation coverage, post-traumatic stress disorder is an occupational hazard for first responders, similar to members of the military serving in combat. The Legislature further finds that because first responders are required to expose themselves to traumatic events during the course of their employment and thus are at a recognized higher risk of developing post-traumatic stress disorder, and because of the severe nature and deliberative effects of post-traumatic stress disorder, it is the moral obligation of the state to permit coverage to this class of individuals for their work-related disease.

(d)(1) Post-traumatic stress disorder suffered by a first responder is a compensable occupational disease under §23-4-1(f) of this code upon a diagnosis by a licensed psychiatrist that the first responder suffers from the disorder, and upon a finding by a licensed psychiatrist that the disorder occurred as the result of an event or events that occurred in the course and within the scope of the first responder’s employment duties: Provided, That the provisions of this section shall apply only to a PTSD diagnosis made on or after July 1, 2021, or the first day of the employer’s next workers’ compensation insurance policy or self-insurance program term, whichever is later.

(2) While diagnosis must be made by a licensed psychiatrist, mental health treatment consistent with a PTSD diagnosis may be offered by a licensed mental health provider other than the diagnosing psychiatrist.

(3) A diagnosis of PTSD under this section shall not include consideration of any layoff, termination, disciplinary action or any similar personnel-related action taken in good faith by an employer.

(4) Benefits for a PTSD diagnosis made under this section are contingent upon the employer electing to provide coverage for PTSD from its workers’ compensation insurance carrier or to provide for it through its self-insurance program, whichever is applicable.

(5) The receipt of benefits is contingent on a claim being made within three years that a licensed psychiatrist has made the claimant aware of a PTSD diagnosis in accordance with this section.

(e) Any employer that elects to offer coverage to first responders for PTSD under this section shall report PTSD claims data to the Offices of the Insurance Commissioner directly or via the employer’s private workers’ compensation insurance carrier, whichever is applicable, beginning July 1, 2021, or the first day of the employer’s next workers’ compensation insurance policy or self-insurance program term, whichever is later.

(f) The Offices of the Insurance Commissioner shall report annually on claims data related to PTSD claims for first responders to the Joint Committee on Volunteer Fire Department and Emergency Medical Services beginning January 1, 2022.

 

NOTE: The purpose of this bill is to is to declare that Post-Traumatic Stress Disorder diagnosed by a licensed psychiatrist is a compensable occupational disease for first responders and makes PTSD workers’ compensation coverage for first responders a voluntary program for employers.

Strike-throughs indicate language that would be stricken from a heading or the present law and underscoring indicates new language that would be added.

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