Connecticut Seal

General Assembly

 

Substitute Bill No. 5075

    February Session, 2016

 

*_____HB05075LAB___022316____*

AN ACT CONCERNING DISABILITY INSURANCE COVERAGE FOR UNIFORMED MEMBERS OF FIRE DEPARTMENTS WHO ARE OTHERWISE INELIGIBLE FOR WORKERS' COMPENSATION BENEFITS FOR CERTAIN TYPES OF CANCER.

Be it enacted by the Senate and House of Representatives in General Assembly convened:

Section 1. Section 31-294j of the general statutes is repealed and the following is substituted in lieu thereof (Effective October 1, 2016):

(a) For the purpose of adjudication of claims for payment of benefits under the provisions of this chapter, a uniformed member of a paid municipal or volunteer fire department, a regular member of a paid municipal police department, a constable, as defined in section 31-294i, or a member of a volunteer ambulance service shall be eligible for such benefits for any disease arising out of and in the course of employment, including, but not limited to, hepatitis, meningococcal meningitis, tuberculosis, Kahler's Disease, non-Hodgkin's lymphoma, and prostate or testicular cancer that results in death or temporary or permanent total or partial disability.

(b) (1) Notwithstanding the provisions of subsection (a) of this section, on and after the date that the state establishes a firefighters' cancer benefit program pursuant to section 3 of this act, a uniformed member of a paid municipal or volunteer fire department shall be eligible for benefits under such cancer benefit program for the following types of cancer: Kahler's Disease, non-Hodgkin's lymphoma or any condition of cancer affecting the brain, digestive system, endocrine system or urinary system that results in the death or temporary or permanent total or partial disability of such uniformed member, provided (A) such uniformed member successfully passed a physical examination upon entry into such service that failed to reveal any evidence of such cancer or a propensity for such cancer, (B) such uniformed member has submitted to annual physical examinations subsequent to entry into such service that have failed to reveal any evidence of such cancer or a propensity for such cancer, (C) such uniformed member has never been a smoker and has not used any cigarettes, as defined in section 12-285, or any other tobacco products, as defined in section 12-330a, (D) such uniformed member has worked for not less than five consecutive years after the effective date of this section as a certified interior structural firefighter at a municipal or volunteer fire department at the time such cancer is discovered, or should have been discovered, and (E) such cancer is one that is known to result from exposure to heat, radiation or a known or suspected carcinogen as determined by the International Agency for Research on Cancer or the National Toxicology Program of the United States Department of Health and Human Services.

(2) Any uniformed member of a paid municipal or volunteer fire department applying for benefits pursuant to subdivision (1) of this subsection shall be required to submit to annual physical examinations as a condition of receiving such benefits.

Sec. 2. Section 29-303 of the general statutes is repealed and the following is substituted in lieu thereof (Effective October 1, 2016):

The fire chief or local fire marshal with jurisdiction over a town, city, borough or fire district where a fire, explosion or other fire emergency occurs shall furnish the State Fire Marshal a report [of] that shall include (1) all the facts relating to its cause, its origin, the kind, the estimated value and ownership of the property damaged or destroyed, (2) the name of each certified interior structural firefighter at a municipal or volunteer fire department who was (A) present at such fire, explosion or other fire emergency, and (B) exposed to heat, radiation or a known or suspected carcinogen as a result of such fire, explosion or other fire emergency, including the duration of each such firefighters' exposure, and (3) such other information as called for by the State Fire Marshal on forms furnished by the State Fire Marshal, or in an electronic format prescribed by the State Fire Marshal. The fire chief or fire marshal may also submit reports regarding other significant fire department response to such fire or explosion, and such reports may be filed monthly but commencing January 1, 2008, such reports shall be filed not less than quarterly.

Sec. 3. (NEW) (Effective from passage) Not later than January 1, 2017, the state shall establish a firefighters' cancer benefit program. Through such program, the state shall procure a disability insurance policy to provide benefits, in accordance with the provisions of subsection (b) of section 31-294j of the general statutes, as amended by this act, to certain uniformed members of paid municipal or volunteer fire departments who suffer from certain conditions of cancer.

This act shall take effect as follows and shall amend the following sections:

Section 1

October 1, 2016

31-294j

Sec. 2

October 1, 2016

29-303

Sec. 3

from passage

New section

LAB

Joint Favorable Subst.