SB 913 — AN ACT EXPANDING WORKERS' COMPENSATION COVERAGE FOR POST-TRAUMATIC STRESS INJURIES FOR ALL EMPLOYEES.

General Assembly Substitute Senate Bill No.

913 JanuaryPublic Session,Act 2023No. AN ACT EXPANDING WORKERS' COMPENSATION COVERAGE FOR POST-TRAUMATIC STRESS INJURIES FOR ALL EMPLOYEES.

23-35 AN ACT EXPANDING WORKERS' COMPENSATION COVERAGE FOR POST-TRAUMATIC STRESS INJURIES FOR ALL EMPLOYEES.

(4)Substitute "Employee"Senate hasBill theNo. same meaning as provided in section 31-275;

913 (4) "Employee" has the same meaning as provided in section 31-275;

LCO[(5)] \\PRDFS1\SCOUSERS\FORZANOF\WS\2023SB-00913-R02-S1(6) "Health care provider" means (A) a person employed at a doctor's office, hospital, health care center, clinic, medical school, local health department or agency, nursing facility, retirement facility, nursing home, group home, home health care provider, any facility that performs laboratory or medical testing, pharmacy or any similar institution, or (B) a person employed to provide personal care assistance, as defined in section 17b-706, in or about a private dwelling, provided such person is regularly employed by the owner or occupier of 6the Substitutedwelling Billfor No.more than twenty-six hours per week;

913 [(5)] (6) "Health care provider" means (A) a person employed at a doctor's office, hospital, health care center, clinic, medical school, local health department or agency, nursing facility, retirement facility, nursing home, group home, home health care provider, any facility that performs laboratory or medical testing, pharmacy or any similar institution, or (B) a person employed to provide personal care assistance, as defined in section 17b-706, in or about a private dwelling, provided such person is regularly employed by the owner or occupier of the dwelling for more than twenty-six hours per week;

[(10)]Public (11)Act "Post-traumaticNo. stress injury" means an injury that meets the diagnostic criteria for post-traumatic stress disorder as specified in the most recent edition of the American Psychiatric Association's "Diagnostic and Statistical Manual of Mental Disorders";

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913 [(10)] (11) "Post-traumatic stress injury" means an injury that meets the diagnostic criteria for post-traumatic stress disorder as specified in the most recent edition of the American Psychiatric Association's "Diagnostic and Statistical Manual of Mental Disorders";

LCO(A) {\\PRDFS1\SCOUSERS\FORZANOF\WS\2023SB-00913-R02-An 2event occurring in the line of 6duty SB.docxon }or Substituteafter BillJuly No.1, 2019, in which a police officer, parole officer, firefighter, emergency medical services personnel, Department of Correction employee or telecommunicator:

913 (A) An event occurring in the line of duty on or after July 1, 2019, in which a police officer, parole officer, firefighter, emergency medical services personnel, Department of Correction employee or telecommunicator:

[, or] (B) An event arising out of and in the course of employment on or after March 10, 2020, in which an eligible individual who is a health care provider is engaged in activities substantially dedicated to mitigating or respondingPublic toAct theNo. public health and civil preparedness emergencies declared by the Governor on March 10, 2020, or any extension of such emergency declarations;

23-35 3 of 6 Substitute Senate Bill No.

913 responding to the public health and civil preparedness emergencies declared by the Governor on March 10, 2020, or any extension of such emergency declarations;

(ii) Witnesses an injury to a person who subsequently dies as a result LCOof {\\PRDFS1\SCOUSERS\FORZANOF\WS\2023SB-00913-R02-COVID-19 3or ofdue 6to SB.docxsymptoms }that Substitutewere Billlater No.diagnosed as COVID- 19;

913 of COVID-19 or due to symptoms that were later diagnosed as COVID- 19;

(v) Carries an injured person who subsequently dies before or upon admissionPublic atAct aNo. hospital as a result of the injury and not as a result of any other intervening cause;

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913 admission at a hospital as a result of the injury and not as a result of any other intervening cause;

and LCO[(13)] {\\PRDFS1\SCOUSERS\FORZANOF\WS\2023SB-00913-R02-(14) 4"Witnesses" ofmeans, 6for SB.docxan }eligible Substituteindividual Billwho No.is a telecommunicator, hears by telephone or radio while directly responding to an emergency call that constitutes a qualifying event under this section and providing a dispatch assignment.

913(b) [(13)]A (14)diagnosis "Witnesses"of means,post-traumatic forstress aninjury is compensable as a personal injury as described in subparagraph (B)(ii)(III) of subdivision (16) of section 31-275 if a mental health professional examines the eligible individual whoand diagnoses [the] such individual with a post- traumatic stress injury as a direct result of a qualifying event, provided (1) the post-traumatic stress injury resulted from (A) the eligible individual acting in the line of duty if such individual is a telecommunicator,police hearsofficer, byfirefighter, telephoneemergency medical services personnel, Department of Correction employee or radiotelecommunicator whileand, directlyin respondingthe case of a firefighter, such firefighter complied with Federal Occupational Safety and Health Act standards adopted pursuant to an29 emergencyCFR call1910.134 thatand constitutes29 CFR 1910.156, or (B) the eligible individual acting the course of employment if such individual is a health care provider or other employee, on and after January 1, 2024, (2) a qualifying event underwas thisa sectionsubstantial factor in causing the injury, and providing(3) athe dispatchpost-traumatic assignment.stress injury did not result from any disciplinary action, work evaluation, job transfer, layoff, demotion, promotion,termination,retirement or similar action of the eligible individual.

(b)Any Asuch diagnosis of post-traumatic stress injury is compensable as a personal injury as described in subparagraph (B)(ii)(III) of subdivision (16) of section 31-275 if a mental health professional examinesshall thecomply eligible individual and diagnoses [the] such individual with aany post-workers' traumaticcompensation stressguidelines injuryfor asapproved aPublic direct result of a qualifying event, provided (1) the post-traumatic stress injury resulted from (A) the eligible individual acting in the line of duty if such individual is a police officer, firefighter, emergency medical services personnel, Department of Correction employee or telecommunicator and, in the case of a firefighter, such firefighter complied with Federal Occupational Safety and Health Act standardsNo. adopted pursuant to 29 CFR 1910.134 and 29 CFR 1910.156, or (B) the eligible individual acting the course of employment if such individual is a health care provider or other employee, on and after January 1, 2024, (2) a qualifying event was a substantial factor in causing the injury, and (3) the post-traumatic stress injury did not result from any disciplinary action, work evaluation, job transfer, layoff, demotion,promotion,termination,retirement or similar action of the eligible individual.

Any23-35 such5 mental health professional shall comply with any workers' compensation guidelines for approved medical providers, including, but not limited to, guidelines on release of past6 orSubstitute contemporaneousSenate medicalBill records.No.

This913 actmedical shallproviders, takeincluding, effectbut asnot followslimited andto, shallguidelines amendon therelease followingof sections:past or contemporaneous medical records.

SectionApproved 1June January12, 1,2023 2024Public 31-294k(a)Act andNo. (b) LAB Joint Favorable Subst.

-LCO23-35 APP6 Joint Favorable LCO {\\PRDFS1\SCOUSERS\FORZANOF\WS\2023SB-00913-R02- 5 of 6 SB.docx } Substitute Bill No.

913 LCO {\\PRDFS1\SCOUSERS\FORZANOF\WS\2023SB-00913-R02- 6 of 6 SB.docx }