Cole Bill Presumes First Responder PTSD Is Job-Related

The text as introduced · 809 words

90R1859 KKR-D

By: Cole
H.B. No. 1002

A BILL TO BE ENTITLED

AN ACT

relating to the eligibility of certain first responders for

workers' compensation benefits for post-traumatic stress disorder

under the workers' compensation system.

BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:

SECTION 1. Section 408.006(b), Labor Code, is amended to

read as follows:

(b) Notwithstanding Section 408.0061 [ 504.019 ], a mental or

emotional injury that arises principally from a legitimate

personnel action, including a transfer, promotion, demotion, or

termination, is not a compensable injury under this subtitle.

SECTION 2. Section 504.019, Labor Code, is transferred to

Subchapter A, Chapter 408, Labor Code, redesignated as Section

408.0061, Labor Code, and amended to read as follows:

Sec. 408.0061 [ 504.019 ]. COVERAGE FOR POST-TRAUMATIC

STRESS DISORDER FOR CERTAIN FIRST RESPONDERS. (a) In this section:

(1) "First responder" means an individual employed by

this state, a political subdivision of this state , or an

institution of higher education as defined by Section 61.003,

Education Code, who is:

(A) a peace officer under Article 2A.001, Code of

Criminal Procedure;

(B) an individual [ a person ] licensed under

Chapter 773, Health and Safety Code, as an emergency care

attendant, emergency medical technician, advanced emergency

medical technician [ technician-intermediate ], emergency medical

technician-paramedic, or licensed paramedic; or

(C) a firefighter subject to certification by the

Texas Commission on Fire Protection under Chapter 419, Government

Code, whose principal duties are firefighting and aircraft crash

and rescue.

(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 adopted by the commissioner of workers'

compensation.

(b) It is presumed that post-traumatic [ Post-traumatic ]

stress disorder suffered by a first responder is a compensable

injury under this subtitle unless it is shown by a preponderance of

the evidence [ only if it is based on a diagnosis ] that:

(1) the disorder is caused by one or more events

occurring outside [ in ] the course and scope of the first

responder's employment; and

(2) no [ the preponderance of the evidence indicates

that the ] event or events that occurred in the course and scope of

the first responder's employment were a producing cause of the

disorder.

(c) For purposes of this subtitle, the date of injury for

post-traumatic stress disorder suffered by a first responder is the

date on which the first responder first knew or should have known

that the disorder may be related to the first responder's

employment.

SECTION 3. Section 409.021(a-3), Labor Code, is amended to

read as follows:

(a-3) An insurance carrier is not required to comply with

Subsection (a) if the claim results from an employee's disability

or death for which a presumption is claimed to be applicable under

Section 408.0061 of this code or Subchapter B, Chapter 607,

Government Code, and, not later than the 15th day after the date on

which the insurance carrier received written notice of the injury,

the insurance carrier has provided the employee and the division

with a notice that describes all steps taken by the insurance

carrier to investigate the injury before the notice was given and

the evidence the carrier reasonably believes is necessary to

complete its investigation of the compensability of the

injury. The commissioner shall adopt rules as necessary to

implement this subsection.

SECTION 4. Section 415.021(c-2), Labor Code, is amended to

read as follows:

(c-2) In determining whether to assess an administrative

penalty involving a claim in which the insurance carrier provided

notice under Section 409.021(a-3), the commissioner shall consider

whether:

(1) the employee cooperated with the insurance

carrier's investigation of the claim;

(2) the employee timely authorized access to the

applicable medical records before the insurance carrier's deadline

to:

(A) begin payment of benefits; or

(B) notify the division and the employee of the

insurance carrier's refusal to pay benefits; and

(3) the insurance carrier conducted an investigation

of the claim, applied the statutory presumptions under Section

408.0061 of this code or Subchapter B, Chapter 607, Government

Code, and expedited medical benefits under Section 504.055 or

504.057.

SECTION 5. Section 501.001(5-a), Labor Code, is amended to

read as follows:

(5-a) "Post-traumatic stress disorder" has the

meaning assigned by Section 408.0061 [ 504.019 ].

SECTION 6. The changes in law made by this Act apply only to

a claim for workers' compensation benefits based on a compensable

injury that occurs on or after the effective date of this Act. A

claim based on a compensable injury that occurs before that date is

governed by the law as it existed on the date the compensable injury

occurred, and the former law is continued in effect for that

purpose.

SECTION 7. This Act takes effect September 1, 2027.