House Bill 236

AN ACT TO CREATE THE "HELPING HEROES ACT" TO PROVIDE SUPPORT TO ANY LAW ENFORCEMENT OFFICER, FIREFIGHTER OR PUBLIC EMS PERSONNEL WHO IS DIAGNOSED WITH PTSD BY A MENTAL HEALTH PROFESSIONAL DURING HIS OR HER NORMAL COURSE OF DUTY; TO PROVIDE DEFINITIONS; TO PROVIDE THAT AS AN ALTERNATIVE TO PURSUING WORKERS' COMPENSATION BENEFITS, UPON A DIAGNOSIS OF PTSD, A FIRST RESPONDER OR PUBLIC EMS PERSONNEL SHALL BE ENTITLED TO REIMBURSEMENT FOR PAID MENTAL HEALTH SERVICES AND UP TO THIRTY DAYS OF PAID TIME OFF; TO PROVIDE THAT THE TREATMENT AND PAID TIME OFF FOR EACH ELIGIBLE FIRST RESPONDER OR PUBLIC EMS PERSONNEL SHALL NOT EXCEED $7,500.00 PER PERSON ANNUALLY; TO PROVIDE THAT THE TREATMENT AND PAID TIME OFF SHALL BE PAID THROUGH THE INSURANCE PREMIUM TAX REVENUE COLLECTED BY THE DEPARTMENT OF REVENUE; TO CREATE A SPECIAL FUND IN THE STATE TREASURY TO BE KNOWN AS THE "HELPING HEROES ACT FUND"; TO PROVIDE THE REPORTING REQUIREMENTS OF THE FUND; AND FOR RELATED PURPOSES.

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

SECTION 1. The provisions of this act shall be known and may be cited as the "Helping Heroes Act".

SECTION 2. (1) For the purposes of this section, the following words and phrases shall have the meanings as defined herein unless the context clearly indicates otherwise:

(a) "Post-Traumatic Stress Disorder (PTSD)" shall have the same definition as the definition provided by the National Institute of Mental Health and is caused by an event or events occurring in the course and scope of the first responders and public emergency medical services (EMS) personnel official duty employment.

(b) "Law enforcement officer" means any officer who has been certified by the Mississippi Board on Law Enforcement Officer Standards and Training and has ten (10) or more years of service.

(c) "Firefighter" means any firefighter who has ten (10) or more years of service and is employed by the State of Mississippi, or any political subdivision thereof, on a full-time duty status, and any firefighter who has ten (10) or more years of service and is registered with the State of Mississippi, or a political subdivision thereof, on a volunteer firefighting status.

(d) "Public EMS personnel" means 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.

(e) "First responder" means any firefighter and law enforcement officer as defined in paragraphs (b) and (c) of this subsection.

(2) Any law enforcement officer, firefighter or public EMS personnel who is diagnosed with PTSD by a mental health professional 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. A licensed mental health professional that may be used to diagnose and treat PTSD shall include a clinical social worker, licensed professional mental health counselor, psychologist, psychiatric nurse, nurse practitioner and psychiatrist. The mental health professionals that may be used to diagnose and treat PTSD may have different training, credentials or licenses.

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

(a) Reimbursement for paid mental health services; and

(b) 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, a disability benefit payable as a result of the PTSD.

(4) (a) The treatment and paid time off authorized under subsection (3) for each eligible first responder or public EMS personnel shall not exceed Seven Thousand Five Hundred Dollars ($7,500.00) per person annually.

(b) Beginning with fiscal year 2025, the Department of Revenue shall annually deposit from insurance premium tax revenue collected by it under the provisions of Section 27-15-103 et seq. an amount of Two Hundred Thousand Dollars ($200,000.00) for each fiscal year into the special fund created in Section 3 of this act.

(5) 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.

(6) Nothing in this section shall modify the qualifications necessary to establish eligibility to receive benefits or the calculation of benefits to be paid under Public Employment Retirement System (PERS).

SECTION 3. (1) There is created in the State Treasury a special fund to be known as the "Helping Heroes Act Fund." The fund shall consist of monies deposited therein as provided under Section 2 of this act, monies appropriated by act of the Legislature and monies from any other source designated for deposit into such fund. Unexpended amounts remaining in the fund at the end of a fiscal year shall not lapse into the State General Fund, and any interest earned or investment earnings on amounts in the fund shall be deposited to the credit of the fund.

(2) The Commissioner of Insurance shall file an annual report with the Governor, the Lieutenant Governor, the Speaker of the House of Representatives, the Chair of the House Insurance Committee and the Chair of the Senate Insurance Committee. The report shall contain a detailed explanation of how the funds have been used to help first responders and public EMS personnel who have been diagnosed with PTSD, how many first responders and public EMS personnel have been helped, and whether more funds are needed.

SECTION 4. This act shall take effect and be in force from and after July 1, 2024.