C.S.H.B. 3162 78(R)    BILL ANALYSIS


C.S.H.B. 3162
By: Capelo
Public Health
Committee Report (Substituted)



BACKGROUND AND PURPOSE 

Due to the nature of their duties, first responders are subject to repeat
exposures to certain disease, usually without the first responder's
knowledge of the exposure.  The first responder is unable to link the
contracting of a disease or illness to a single incident, and consequently
the person must personally bear full financial responsibility of treatment
of the disease or illness.  

Currently the law provides that public safety personnel who contract
certain occupational disease may receive benefits if the person can prove
the disease was caused by an exposure in the  line of duty, and if a
specific exposure  is documented in a timely manner. The proposed bill
provides a rebuttable presumption for tuberculosis or other lung disease
or illness, cancer, hepatitis "C" and smallpox.  The rebuttable
presumption is for exposure in the line of duty only if 1) upon entering
service, the person received a medical examination that failed to reveal
the presence of the illness or disease for which benefits or compensation
is being sought, 2) the person has served as a first responder for at
least five years preceding the claim and 3) if there is a positive
correlation between the disease or illness and the person's duties as a
first responder.  Habitual users of tobacco are excluded from coverage
under certain conditions. 


RULEMAKING AUTHORITY

It is the committee's opinion that this bill does not expressly grant any
additional rulemaking authority to a state officer, department, agency, or
institution. 

ANALYSIS
This bill amends Chapter 607, Government Code by adding Subchapter B which
addresses benefits for first responders who suffer from selected  diseases
or illnesses acquired during employment. The bill defines the meaning of
first responder to include certain public safety employees, fire
protection personnel, certified volunteer fire fighters, peace officer,
fire fighter and certified emergency medical technicians. The bill
provides a rebuttable presumption for tuberculosis or other lung disease
or illness, cancer, hepatitis "C" and smallpox.  The  rebuttable
presumption created in the bill relates to exposure in the line of duty
only if 1) upon entering service, the person received a medical
examination that failed to reveal the presence of the illness or disease
for which benefits or compensation is being sought, 2) the person has
served as a first responder for at least five years preceding the claim
and 3) if there is a positive correlation between the disease or illness
and the person's duties as a first responder.  Habitual users of tobacco
are excluded from coverage under certain conditions. 

The presumption  established  in the bill applies to determining whether
the first responder's disability or death resulted from a disease or
illness  contracted in the course and scope of employment for the purpose
of providing benefits or compensation under a designated benefit plan. The
bill allows the presumption to be rebutted upon showing by a preponderance
of evidence that the illness or disease was not associated with the
individual's service as a first responder.  The bills provides that any
benefits or compensation under this chapter will be paid form the last
date on which the person received regular compensation as a first
responder.  

EFFECTIVE DATE

September 1, 2003.
 

COMPARISON OF ORIGINAL TO SUBSTITUTE

C.S.H.B. 3162 amends  the original bill by adding sections 607.053(e),
607.056 and additional language to Section 607.051(3). C.S.H.B 3162
includes the State's Firemen's and Fire Marshall's Association of Texas as
a volunteer fire fighter certifying agency within the first responders
definition.  In addition the substitute includes Nurse's (RNs and LVNs)
as first responders by providing a rebuttable presumption that any
disability or death suffered as a result of an immunization is within the
provider's course and scope of employment.  Furthermore, a  rebuttable
presumption  for first responders who suffer from a rheumatic and
autoimmune disease.