PRESUMPTION BILL
HB 1854 creates a presumption that an infectious disease acquired by a full time firefighter, paramedic, emergency medical technician, or emergency medical technician (advanced) was suffered in the line of duty.
According to the General Assembly's own Fiscal Review Committee, local government will incur costs exceeding $100,000 as a result of passage of this legislation. By statute and by rule, the House is required to fund any bill that increases costs to local governments in excess of $100,000. Summary of Key Points Under the bill, any full time firefighter, paramedic, EMT, or EMT(Advanced) that contracts an infectious disease resulting in partial or full disability or death is presumed to have suffered such a disability in the line of duty. In the case of partial disability, the employee would receive worker's compensation benefits. In the event of full disability or death, the employee would receive, TCRS or other pension benefit provided by the local government. Shifts burden of proof Currently, burden is on employees to demonstrate that their disability was suffered in the line of duty. If this bill becomes law, a covered employee is granted line of duty disability or death benefits, unless the city can prove that the employee did not contract the infectious disease on the job. In order to be entitled to the presumption, a covered employee must: 1. Have tested negative for any infectious disease at some point in time prior to the diagnosis; and 2. Verify by written declaration that he/she has not:
- Been exposed, through transfer of bodily fluids, to any person known to have an infectious disease;
- Had a blood transfusion for any reason other than work-related accident or injury;
- Engaged in unsafe sexual practices or other high-risk behaviors; or
- Used intravenous drugs not prescribed by a physician.
Extension of Presumption beyond Retirement or Termination In addition, covered employees retain the presumption following retirement or termination for a period of time equal to (3 month x each full year of service). EXAMPLE: An individual that served as a full time firefighter for 15 years retires and is diagnosed with an infectious disease 45 months after his/her retirement date. Under the bill, the presumption applies and the retired firefighter is eligible for benefits even though he/she has not responded to a call for nearly four years.
