SB 326 — Firefighter Cancer Ins/Alt Crim Rec Check.

GENERAL ASSEMBLY OF NORTH CAROLINA SESSION 2023 S 21 SENATE BILL 326 Finance Committee Substitute Adopted 4/4/23 Short Title:

Senators Johnson, Perry, and Barnes (Primary Sponsors).

Rules and Operations of the Senate March 20, 2023 A BILL TO BE ENTITLED AN ACT TO MAKEFUND PERMANENT THE FIREFIGHTERS'NORTH HEALTHCAROLINA BENEFITSFIREFIGHTER PILOTCANCER INSURANCE PROGRAM ANDWITHIN TO RENAME IT THE FIREFIGHTERS'DEPARTMENT CANCEROF INSURANCE PROGRAM,BY TOAMENDING MODIFY THE CURRENT PERCENTAGE DISTRIBUTION OF THE GROSS PREMIUMSPREMIUM TAXASSESSMENT TO FUND THE PROGRAM, AND TO SET ARETAINED MAXIMUMEARNING RESERVELIMITS FOR THE VOLUNTEER SAFETY WORKERS' COMPENSATION FUND.

Up to twentypercenttwenty percent (20%), (20%) of the net proceeds must be credited to the Department of Insurance and shall be used to fund the provisions of the Firefighter Cancer Insurance Program, with the balance of twenty percent (20%), as determined in accordance with G.S.

Fund but in no event shall the fund reserve exceed forty-five million dollars ($45,000,000), and the balance of the twenty percent (20%) must be credited to the Department of Insurance to be used to fund the Firefighters' Cancer Insurance Program.

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ChapterEffective 58July of1, the2023, GeneralG.S. Statutes is amended byadding a new Article to read:

"Article58-87-10 86A.reads as rewritten:

"Firefighters'"§ Cancer58-87-10. Insurance Program.

"§Workers' 58-86A-1.Compensation Fund for the benefit of certain safety workers.

Purpose.… (e) Revenue Source.

The– purposeRevenue of this program is credited to providethe healthWorkers' benefitsCompensation asFund authorizedfrom by this Article to eligible firefighters with a newportion diagnosis of cancerthe onproceeds orof afterthe Januarytax 1,levied 2022.under G.S.

The105-228.5(d)(3). health benefits provided under this Article shall be supplemental to any other health benefits authorized by law for firefighters.

"§In 58-86A-2.addition, every eligible unit and eligible entity that elects to participate shall pay into the Fund an amount set annually bythe State Fire and Rescue Commission to ensure that the Fund will be able to meet its payment obligations under this section.

Definitions.The amount shall be set as an amount for each member of the roster of the eligible unit or for each employee or volunteer of an eligible entity, and the amount may vary based on whether an individual is a volunteer, a part-time employee, or a full-time employee.

The followingpayment definitionsshall applybe inmade thisto Article:the State Fire and Rescue Commission on or before July 1 of each year.

(1)The Cancer.Commission shall remit the payments it receives to the State Treasurer, who shall credit the payments to the Fund.

–When Malignantthe neoplasmsretained ofearnings within the bodyFund thatreach mayforty-five bemillion causeddollars by($45,000,000), exposurethe toexcess heat,amount radiation,at oryear-end ashall knownbe carcinogen,credited asto defined by the WorldGeneral HealthFund. Organization's International Agency for Research on Cancer.

(2)… Eligible(g) firefighter.Allocation of Taxes.

– AThe firefighterstudy whoconducted meetsunder subsection (f) of this section shall be reviewed by the requirementsOffice of G.S.State Budget and Management.

58-86A-3.On or before March 1 of each year, the Office of State Budget and Management, in consultation with the Department of Insurance, must notify the Secretary of Revenue of the amount required to meet the needs of the Fund, as determined by the study, for the upcoming fiscal year.

(3)The FireSecretary department.of Revenue shall remit that amount, subject to the twenty percent (20%) limitation in G.S.

–105-228.5(d)(3), Anyto organizationthe thatFund." isSECTION not3. a federal agency, including anypublic or government-sponsored organization, that is located and based in this State and provides rescue, fire suppression, and related activities.

(4)Except Firefighter.as otherwise provided, this act is effective when it becomes law.

–Page As2 definedSenate inBill G.S.326-First Edition

58-84-5.

"§ 58-86A-3.

Eligibility.

To be eligible to receive benefits under the pilot program, a firefighter:

(1) Must have served in a North Carolina fire department for a minimum of five continuous years.

(2) Must have received a new diagnosis of cancer on or after January 1, 2022.

A firefighter with a diagnosis of cancer prior to January 1, 2022, is not eligible for benefits in the pilot program for that previously diagnosed cancer type but remains eligible for benefits in the pilot program upon diagnosis of any other cancer type.

A firefighter is not eligible to receive benefits under the pilot program if the firefighter is receiving benefits related to cancer under Article 1 of Chapter 97 of the General Statutes, the North Carolina Workers' Compensation Act.

"§ 58-86A-4.

Benefits.

The following benefits shall be provided under this program:

(1) Medical costs reimbursement.

– An eligible firefighter shall receive reimbursement of up to twelve thousand dollars ($12,000) for any out-of-pocket medical expenses incurred, including deductibles, copayments, or coinsurance costs, for each diagnosis of cancer.

(2) Lump sum benefit.

– Not to exceed a total of fifty thousand dollars ($50,000), a lump sum benefit of twenty-five thousand dollars ($25,000) for each diagnosis of cancer shall be payable to an eligible firefighter upon sufficient proof to the insurance carrier, the Department, or other applicable payor of a diagnosis of cancer by a board-certified, licensed physician in the medical specialty appropriate for the type of cancer diagnosed.