House Bill 1531

AN ACT TO AMEND SECTIONS 25-15-403, 25-15-405, 25-15-409 AND 25-15-407, MISSISSIPPI CODE OF 1972, TO PROVIDE THAT THE MISSISSIPPI FIRST RESPONDERS HEALTH AND SAFETY ACT SHALL ALSO PROVIDE COVERAGE TO CERTAIN RETIRED FIRST RESPONDERS; TO PROVIDE THE DEFINITION OF RETIRED FIRST RESPONDER; TO UPDATE THE REPORTING REQUIREMENTS TO THE COMMISSIONER OF INSURANCE SHOWING PROOF OF INSURANCE COVERAGE FOR RETIRED FIRST RESPONDERS; AND FOR RELATED PURPOSES.

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

SECTION 1. Section 25-15-403, Mississippi Code of 1972, is amended as follows:

25-15-403. For purposes of this article, the following words shall have the following meanings unless the context clearly indicates otherwise:

(a) "Cancer" means a disease caused by an uncontrolled division of abnormal cells in a part of the body or a malignant growth or tumor resulting from the division of abnormal cells. "Cancer" is limited to cancer affecting the bladder, brain, colon, liver, pancreas, skin, kidney, gastrointestinal tract, reproductive tract, leukemia, lymphoma, multiple myeloma, prostate, testicles and breast.

(b) "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.

(c) "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.

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

(e) "Retired first responder" means:

(i) Any first responder as defined in paragraph (d) of this section who retired between July 1, 2020, until June 30, 2025, and who shall be eligible for the coverage provided in paragraph (a) through (c) of subsection (1) in Section 25-15-405 for five (5) years; and

(ii) Any first responder as defined in paragraph (d) of this section who retires from and after July 1, 2025, and who shall be eligible for the coverage provided in paragraph (a) through (c) of subsection (1) in Section 25-15-405 for five (5) years from the date of his or her retirement.

SECTION 2. Section 25-15-405, Mississippi Code of 1972, is amended as follows:

25-15-405. (1) Except as otherwise provided in this section, as an alternative to pursuing workers' compensation benefits, upon a diagnosis of cancer, a first responder and retired first responder is entitled to the following benefits:

(a) Provided the diagnosis occurs on or after the first responder's or retired 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 or retired 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 the cancer was caused by an occupational hazard and 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 or retired 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 or retired 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 and retired 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 or retired 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.

The provisions of this paragraph (d) shall not apply to retired first responders.

(e) An eligible first responder or retired 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 or retired 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 or retired deceased first responder's beneficiary or beneficiaries.

(f) Any first responder or retired 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 or retired first responder's primary place of employment shall maintain coverage for the eligible first responder; and

(g) An otherwise eligible first responder or retired 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.

(2) (a) A retired first responder who retires from and after July 1, 2025, shall be eligible for the coverage as provided in this section, except for the coverage in paragraph (d), for not more than five (5) years after the date of his or her retirement.

(b) For any first responder who retired between July 1, 2020, and June 30, 2025, he or she shall be eligible for the coverage as provided in this section, except for the coverage in paragraph (d), for not more than five (5) years after the effective date of this act.

SECTION 3. Section 25-15-409, Mississippi Code of 1972, is amended as follows:

25-15-409. (1) The state, municipality, county or fire protection district shall, no later than January 1, 2024, or no later than January 1, 2026, regarding retired first responders, show proof of insurance coverage that meets the requirements of this article to the Commissioner of Insurance, or shall show satisfactory proof of the ability to pay such compensation to ensure adequate coverage for all eligible first responders and retired first responders.

(2) The Commissioner of Insurance shall adopt such rules and regulations as are reasonable and necessary to implement the provisions of this article. Such regulations shall include the process by which a first responder and retired first responder files a claim for cancer and the process by which claimants can appeal a denial of benefits.

(3) The Commissioner of Insurance shall adopt rules to establish firefighter cancer prevention best practices as it relates to personal protective equipment, decontamination, fire suppression, apparatus and fire stations.

SECTION 4. Section 25-15-407, Mississippi Code of 1972, is amended as follows:

25-15-407. The costs of purchasing an insurance policy that provides for cancer coverage in compliance with this article, or the costs of providing such benefits through a self-funded system in compliance with this article, must be borne solely by the employer that employs the eligible first responder or retired first responder and may not be funded partially or wholly by individual first responders or retired first responders. In addition to any other purpose authorized, county governing authorities and municipal governing authorities may use proceeds from county and municipal taxes for the purposes of providing insurance in compliance with this article. The computation of premium amounts by an insurer for the coverage under this article shall be subject to generally accepted adjustments from insurance underwriting.

SECTION 5. This act shall take effect and be in force from and after its passage.