Kentucky 2023 Regular Session Status: Passed House

HB 52 — AN ACT relating to firefighters.

Last action — to Veterans, Military Affairs, & Public Protection (S)

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  1. ✓
    Introduced
  2. ✓
    In Committee
  3. 3
    Passed House
  4. 4
    Passed Senate
  5. 5
    To Executive
  6. 6
    Enacted

This bill died with 2023 Regular Session. It reached “Passed House” and never advanced before the session ended, so it can no longer move — a new version would have to be reintroduced in the current session.

This bill is no longer active — its legislative session has ended, so there is no live prognosis. It would have to be reintroduced in the current session to move again.

Summary

Amend KRS 95A.220 to define "stress injury" to include post-traumatic stress disorder; define scope of coverage; allow lifetime cap on benefits.

Bill Text

What changed in the latest version

57 added · 53 removed

57 line(s) added, 53 removed.

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UNOFFICIAL COPY 23 RS BR 93 AN ACT relating to firefighters.
UNOFFICIAL COPY 23 RS HB 52/GA AN ACT relating to firefighters.
or (d) Other specified stress-related disorder;
or (d) Other specified stress-related disorder, but shall not include complex post- traumatic stress disorder;
as set out by the American Psychiatric Association's Diagnostic and Statistical Manual of Mental Disorders.
as set out in the most recent edition of the American Psychiatric Association's Diagnostic and Statistical Manual of Mental Disorders.
(5)[(4)] (a) A [post-traumatic ]stress injury that arises solely from a legitimate Page 1 of 2 XXXX 8/24/2022 10:56 AM Jacketed UNOFFICIAL COPY 23 RS BR 93 personnel action such as transfer, promotion, demotion, or termination shall not be considered a compensable injury.
Page 1 of 3 HB005210.100 - 93 - XXXX 2/28/2023 3:52 PM GA UNOFFICIAL COPY 23 RS HB 52/GA (5)[(4)] (a) A [post-traumatic ]stress injury that arises solely from a legitimate personnel action such as transfer, promotion, demotion, or termination shall not be considered a compensable injury.
(c) ]The firefighter shall be diagnosed, by a psychiatrist, psychologist, or professional counselor credentialed under the provisions of KRS 335.500 to 335.599, with a stress injury[post-traumatic stress injury or post-traumatic stress] disorder that has been caused by an event or an accumulation of events that have occurred in the course and scope of their employment as a full- time[,] career or volunteer firefighter, regardless of whether or not there is an initial physical injury.
(c) ]The firefighter shall be diagnosed, by a psychiatrist, psychologist, [or ]professional counselor, or nurse practitioner credentialed under [the provisions of ]KRS 335.500 to 335.599, with a stress injury[post-traumatic stress injury or post-traumatic stress disorder] that has been caused by an event or an accumulation of events that have occurred in the course and scope of his or her[ their] employment as a full-time[,] career or volunteer firefighter, regardless of whether or not there is an initial physical injury.
The event or an accumulation of events that have occurred in the course and scope of employment as a full-time career or volunteer firefighter shall extend from the firefighter's initial employment or service to the date of a diagnosis with the stress injury.
The event or an accumulation of events that have occurred in the course and scope of employment as a career or volunteer firefighter shall extend from the firefighter's initial employment or service to the date of a diagnosis with the stress injury.
(c)[(d)] Once diagnosed, if a firefighter seeks mental health treatment, after in- network health insurance has been utilized, he or she may submit corresponding receipts for medical bills paid by the firefighter to the commission for reimbursement to the firefighter of out-of-pocket costs incurred from the funds specifically allocated in the commission's budget for firefighter mental health treatment.
(c)[(d)] Once diagnosed, if a firefighter seeks mental health treatment[, after in- network health insurance has been utilized], he or she may submit corresponding receipts for medical bills paid by the firefighter to the commission for reimbursement to the firefighter of out-of-pocket costs incurred from the funds specifically allocated in the commission's budget for firefighter mental health treatment, if applicable[.
The firefighter shall pay his or her out-of- pocket share for the mental health treatment before submitting for reimbursement.
The firefighter shall pay his or her out-of-pocket share for the mental health treatment before submitting for reimbursement].
(d)[(e)] From the time a firefighter seeks mental health treatment, there shall be no[a maximum] limit [of twelve (12) months ]for the benefit described in paragraph (c)[(d)] of this subsection.
(d)[(e)] From the time a firefighter seeks mental health treatment, there shall not be a[a maximum] limit [of twelve (12) months for]on the benefit described in Page 2 of 3 HB005210.100 - 93 - XXXX 2/28/2023 3:52 PM GA UNOFFICIAL COPY 23 RS HB 52/GA paragraph (c)[(d)] of this subsection, except that a lifetime cap on benefits described in paragraph (c) of this subsection may be imposed.
A lifetime cap on benefits described in paragraph (c) of this subsection may be imposed.
HB005210.100 - 93 - XXXX 2/28/2023 3:52 PMge 3 of 3 GA
Page 2 of 2 XXXX 8/24/2022 10:56 AM Jacketed
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Action History

  1. to Veterans, Military Affairs, & Public Protection (S)

  2. to Committee on Committees (S)

  3. received in Senate

  4. 3rd reading, passed 97-0 with Committee Substitute (1)

  5. posted for passage in the Regular Orders of the Day for Tuesday, February 28, 2023

  6. 2nd reading, to Rules

  7. reported favorably, 1st reading, to Calendar with Committee Substitute (1)

  8. to Local Government (H)

  9. to Committee on Committees (H)

  10. introduced in House

Sponsorship breakdown

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0 sponsors · 0 co-sponsors · 138 not signed on

Sponsors (0)

None.

Co-sponsors (0)

None.

Not signed on (138)

138 members have not signed on to this bill.

Show all 138 →

"Not signed on" means a member has not sponsored or co-sponsored this bill — it does not imply opposition. Members flagged Voted No have a recorded No vote on this bill.

Whip count is in markup. Polling the chamber and every recorded vote this session. Only the first open is slow. It’s instant for you after this. Calling the roll · Tallying · Engrossing

Votes

Pass

Passed 97 Yea · 0 Nay · 3 Other
Party YeaNayPresentNot Voting
Democrat 13001
Republican 64002
Unaffiliated 20000
Total 97003
% of votes cast 97%0%0%3%
How each member voted (100)
Member Party Vote
Smith — Yea
Nemes — Yea
Bentley — Yea
Swann — Yea
Justice — Yea
Palumbo — Yea
Thomas — Yea
Pratt — Yea
Timoney — Yea
Bratcher S. — Yea
Webber — Yea
Graham — Yea
Raymond — Yea
Williams — Yea
Heath — Yea
Wilson — Yea
Meredith — Yea
Dixon — Yea
Bratcher K. — Yea
Stevenson C — Yea
Al Gentry Democrat Yea
Ashley Tackett Laferty Democrat Yea
Beverly Chester-Burton Democrat Yea
Chad Aull Democrat Yea
Daniel Grossberg Democrat Yea
George Brown Jr. Democrat Yea
Keturah J. Herron Democrat Yea
Lindsey Burke Democrat Yea
Lisa Willner Democrat Yea
Nima Kulkarni Democrat Yea
Pamela Stevenson Democrat Not Voting
Rachel Roarx Democrat Yea
Sarah Stalker Democrat Yea
Tina Bojanowski Democrat Yea
Aaron Reed Republican Yea
Adam Bowling Republican Yea
Amy Neighbors Republican Yea
Bill Wesley Republican Yea
Bobby McCool Republican Yea
Candy Massaroni Republican Yea
Chris Freeland Republican Yea
Chris Fugate Republican Yea
DJ Johnson Republican Yea
Daniel Elliott Republican Yea
Daniel Fister Republican Yea
David Hale Republican Yea
David Meade Republican Yea
David W. Osborne Republican Yea
Deanna Gordon Republican Yea
Derek Lewis Republican Yea
Emily Callaway Republican Yea
Felicia Rabourn Republican Yea
James Tipton Republican Yea
Jared Bauman Republican Yea
Jason Petrie Republican Yea
Jennifer Decker Republican Yea
Jim Gooch Jr. Republican Yea
John Blanton Republican Not Voting
John Hodgson Republican Yea
Josh Branscum Republican Yea
Josh Bray Republican Yea
Josh Calloway Republican Not Voting
Ken Fleming Republican Yea
Ken Upchurch Republican Yea
Kevin Jackson Republican Yea
Kim Banta Republican Yea
Kim King Republican Yea
Kimberly Poore Moser Republican Yea
Marianne Proctor Republican Yea
Mark Hart Republican Yea
Mary Beth Imes Republican Yea
Matt Lockett Republican Yea
Matthew Koch Republican Yea
Michael Sarge Pollock Republican Yea
Mike Clines Republican Yea
Myron Dossett Republican Yea
Nancy Tate Republican Yea
Patrick Flannery Republican Yea
Randy Bridges Republican Yea
Rebecca Raymer Republican Yea
Richard White Republican Yea
Robert Duvall Republican Yea
Ryan Dotson Republican Yea
Samara Heavrin Republican Yea
Savannah Maddox Republican Yea
Scott Lewis Republican Yea
Scott Sharp Republican Yea
Shane Baker Republican Yea
Shawn McPherson Republican Yea
Stephanie Dietz Republican Yea
Steve Rawlings Republican Yea
Steve Riley Republican Yea
Steven Doan Republican Yea
Steven Rudy Republican Yea
Susan Witten Republican Yea
Suzanne Miles Republican Yea
T.J. Roberts Republican Yea
Thomas Huff Republican Yea
Timmy Truett Republican Yea
William Lawrence Republican Yea

Official roll call →

Subjects

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Frequently asked questions

What does HB 52 do?
Amend KRS 95A.220 to define "stress injury" to include post-traumatic stress disorder; define scope of coverage; allow lifetime cap on benefits.
What is the current status of HB 52?
This bill died with 2023 Regular Session. It reached “Passed House” and never advanced before the session ended, so it can no longer move — a new version would have to be reintroduced in the current session.
Where can I track HB 52?
Track HB 52 free on One Click Politics — get push/email alerts when it moves.

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