Bill Text: MS SB2624 | 2023 | Regular Session | Introduced

Mississippi Senate Bill 2624 (Prior Session Legislation)

Introduced

Bill Title: Helping Heroes Act; provide certain benefits for law enforcement and first responders diagnosed with PTSD.

Spectrum: Partisan Bill (Republican 1-0)

Status: (Failed) 2023-01-31 - Died In Committee [SB2624 Detail]

Download: Mississippi-2023-SB2624-Introduced.html

MISSISSIPPI LEGISLATURE

2023 Regular Session

To: Insurance; Appropriations

By: Senator(s) DeLano

Senate Bill 2624

AN ACT TO ENACT THE HELPING HEROES ACT TO PROVIDE THAT ANY POLICE OFFICER, FIREFIGHTER OR PUBLIC EMS PERSONNEL WHO IS DIAGNOSED BY A MENTAL HEALTH PROFESSIONAL WITH PTSD, DURING HIS OR HER NORMAL COURSE OF DUTY SHALL BE PRESUMED TO HAVE A DISEASE OR INFIRMITY CONNECTED TO WORK-RELATED SERVICE AS A FIRST RESPONDER. TO PROVIDE CERTAIN ALTERNATIVES TO PURSUING WORKERS' COMPENSATION BENEFITS; TO SET A LIMIT ON THE AMOUNT OF TREATMENT AND PAID TIME OFF AN ELIGIBLE FIRST RESPONDER MAY RECEIVE; TO PROVIDE CERTAIN EXCLUSIONS TO THE ACT; TO PROVIDE THAT FUNDING FOR THE HEROES ACT SHALL COME FROM THE FUNDS ALLOCATED IN THE FIRST RESPONDERS HEALTH AND SAFETY ACT; AND FOR RELATED PURPOSES.

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

SECTION 1. This act shall be known and may be cited as the "Helping Heroes Act."

SECTION 2. (1) The following terms shall have the meanings ascribed herein:

(a) "Post-Traumatic Stress Disorder (PTSD)" means an anxiety disorder that occurs following the experience of a frightening, distressing or traumatic event or from witnessing a traumatic event. For purposes of this act, such event must be caused by an event or events occurring in the course and scope of the first responders and public EMS personnel official duty or employment.

(b) "Law enforcement officer" means any officer who has been certified by the Mississippi Board on Law Enforcement Officer Standards and Training.

(c) "Firefighter and volunteer firefighter" means any firefighter employed by the State of Mississippi, or any political subdivision thereof.

(d) "Public EMS personnel" shall mean a licensed certified paramedic, emergency medical technician or emergency medical responder who is employed by the State of Mississippi or a political subdivision of the State on a full-time basis.

(2) Any police officer, firefighter or public EMS personnel who is diagnosed by a mental health professional with PTSD during his or her normal course of duty, shall be presumed to have a disease or infirmity connected to work-related service as a first responder and shall be entitled to workers' compensation benefits as a result thereof. For purposes of this act, a licensed mental health professional for diagnosis and treatment shall include clinical social workers, licensed professional mental health counselors, psychologists, psychiatric nurses, nurse practitioners and psychiatrists.

(3) As an alternative to pursuing workers' compensation benefits, upon a diagnosis of PTSD, a first responder or public EMS personnel is entitled to the following benefits:

(a) Once diagnosed with PTSD, as provided in this act, the member shall be entitled to reimbursement for paid mental health services; and

(b) Be entitled to up to thirty (30) days of paid time off provided the date of disability occurs on or after the first responder's effective date of coverage and is a disability benefit payable as a result of the PTSD.

(4) The treatment and paid time off for each eligible first responder or public EMS personnel shall not exceed Seven Thousand Five Hundred Dollars ($7,500.00) per person annually.

(5) Funding for the Heroes Act shall come from the funds allocated in the First Responders Health and Safety Act.

(6) A PTSD diagnosis that arises solely from a legitimate personnel action such as a transfer, promotion, demotion or termination, shall not be a compensable injury.

(7) Nothing in this section shall modify the qualifications necessary to establish eligibility to receive benefits or the calculation of benefits to be paid under the Public Employees' Retirement System in accordance with Section 25-11-101 et seq.

SECTION 3. This act shall take effect and be in force from and after July 1, 2023.