Bill Text: MS SB2404 | 2025 | Regular Session | Introduced
Bill Title: Cancer coverage under First Responders Health and Safety Act; extend eligibility.
Spectrum: Partisan Bill (Republican 1-0)
Status: (Introduced) 2025-01-20 - Referred To Insurance;Appropriations [SB2404 Detail]
Download: Mississippi-2025-SB2404-Introduced.html
MISSISSIPPI LEGISLATURE
2025 Regular Session
To: Insurance; Appropriations
By: Senator(s) Carter
Senate Bill 2404
AN ACT TO AMEND SECTION 25-15-405, MISSISSIPPI CODE OF 1972, TO PROVIDE THAT CANCER BENEFITS UNDER THE "MISSISSIPPI FIRST RESPONDERS HEALTH AND SAFETY ACT" SHALL BE APPLICABLE TO ACTIVE FIRST RESPONDERS AND CERTAIN RETIRED FIRST RESPONDERS; AND FOR RELATED PURPOSES.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MISSISSIPPI:
SECTION 1. Section 25-15-405, Mississippi Code of 1972, is amended as follows:
25-15-405. (1) As an alternative to pursuing workers' compensation benefits, upon a diagnosis of cancer, a first responder is entitled to the following benefits:
(a) Provided the
diagnosis occurs on or after the first responder's effective date of coverage,
a lump-sum benefit of Thirty-five Thousand Dollars ($35,000.00) of coverage for
each diagnosis payable to the first responder upon acceptable proof to the
insurance carrier or other payor of a diagnosis by a board-certified physician
in the medical specialty appropriate for the type of cancer diagnosed * * *
that there are one or more malignant tumors characterized by the uncontrollable
and abnormal growth and spread of malignant cells with invasion of normal
tissue and that either:
(i) There is metastasis, and surgery, radiotherapy or chemotherapy is medically necessary;
(ii) There is a tumor of the prostate, provided that it is treated with radical prostatectomy or external beam therapy; or
(iii) The first responder has terminal cancer, his or her life expectancy is twenty-four (24) months or less from the date of diagnosis, and will not benefit from, or has exhausted, curative therapy.
(b) Provided the diagnosis occurs on or after the first responder's effective date of coverage, a lump-sum benefit of Six Thousand Two Hundred Fifty Dollars ($6,250.00) for each diagnosis payable to the first responder upon acceptable proof to the insurance carrier or other payor of a diagnosis by a board-certified physician in the medical specialty appropriate for the type of cancer involved that:
(i) There is carcinoma in situ such that surgery, radiotherapy or chemotherapy has been determined to be medically necessary;
(ii) There are malignant tumors which are treated by endoscopic procedures alone; or
(iii) There are malignant melanomas.
(c) The combined total of benefits received by any first responder under paragraphs (a) and (b) of this subsection (1) during his or her lifetime shall not exceed Fifty Thousand Dollars ($50,000.00).
(d) Provided the date of disability occurs on or after the first responder's effective date of coverage, a disability benefit payable as a result of a specific cancer to begin six (6) months after the date of disability and submission to the insurance carrier or other payor of acceptable proof of disability caused by the specified disease or events such that the illness precludes the first responder from serving as a first responder:
(i) For nonvolunteer first responders, a monthly benefit equal to sixty percent (60%) of the first responder's monthly salary as an employed first responder with a fire or police department or a monthly benefit of Five Thousand Dollars ($5,000.00), whichever is less, of which the first payment shall be made six (6) months after the total disability and shall continue for thirty-six (36) consecutive monthly payments unless the first responder regains the ability to perform his or her duties as determined by reevaluation under subparagraph (iv) of this paragraph, at which time the payments shall cease the last day of the month of reevaluation;
(ii) For volunteer firefighters, a monthly benefit of One Thousand Five Hundred Dollars ($1,500.00) of which the first payment shall be made six (6) months after the total disability and shall continue for thirty-six (36) consecutive monthly payments unless the first responder regains the ability to perform his or her duties as determined by reevaluation under subparagraph (iv) of this paragraph, at which time the payments shall cease the last day of the month of reevaluation;
(iii) Such monthly benefit shall be subordinate to any other benefit actually paid to the first responder solely for such disability from any other source, not including private insurance purchased solely by the first responder;
(iv) Any first responder receiving the monthly benefits may be required to have his or her condition reevaluated. In the event any such reevaluation reveals that such person has regained the ability to perform duties as a first responder, then his or her monthly benefits shall cease the last day of the month of reevaluation; and
(v) In the event that there is a subsequent recurrence of a disability caused by a specified cancer, which precludes the first responder from serving as a first responder, he or she shall be entitled to receive any remaining monthly payments.
(e) An eligible first responder who dies as a result of a compensable type of cancer, or circumstances arising out of the treatment of a compensable type of cancer, but does not submit sufficient proof of claim prior to the first responder's death, is entitled to receive benefits specified in paragraphs (a) and (b) of this subsection (1) and made available to the deceased first responder's beneficiary or beneficiaries.
(f) Any first
responder who was simultaneously a member of more than one (1) fire or police
department at the time of diagnosis shall not be entitled to receive benefits
from or on behalf of more than one (1) fire or police department. The first
responder's primary place of employment shall maintain coverage for the
eligible first responder; * * * and
(g) An otherwise eligible first responder shall be precluded from the benefits listed under this section if he or she has
filed for workers' compensation for the same
diagnosis of cancer * * *; and
(h) An active first responder and a first responder who retired on July 1, 2020, through July 1, 2025, shall be entitled to cancer coverage benefits under this section. In addition, any first responder who retired after July 1, 2025, shall be entitled to cancer coverage benefits under this section for up to five (5) years following the first responder's retirement. Retired first responders shall not be entitled to disability benefits under subsection (1)(d) of this section.
SECTION 2. This act shall take effect and be in force from and after its passage.
