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Bill > H2332


MA H2332

MA H2332
Relative to disability or death caused by contagious diseases, presumption


summary

Introduced
01/20/2015
In Committee
01/20/2015
Crossed Over
Passed
Dead
07/31/2016

Introduced Session

189th General Court

Bill Summary

Relative to disability or death caused by contagious diseases. Public Service.

AI Summary

This bill establishes a presumption that certain contagious diseases causing disability or death to full-time uniformed members of paid police departments, fire departments, or municipal emergency medical services were suffered in the line of duty, provided the individual passed a physical examination upon entry into service that did not reveal the condition, and the disease is one that can generally result from exposure to blood and other body fluids (excluding the common cold). This presumption can be overcome if it's proven by a preponderance of the evidence that non-service-related factors caused the incapacity. The bill specifies that this applies to conditions like Hepatitis A, B, or C, Tuberculosis, and HIV, as well as other contagious diseases identified by the commissioner of public health as having a statistically significant correlation with these professions. However, this presumption does not apply to individuals with fewer than five years of service at the time the condition is discovered, though those discovering a condition within five years of their last active service are still eligible for benefits, payable from the date of their last regular compensation. Additionally, individuals must have regularly responded to calls for service during their tenure to be eligible. This provision does not prevent members from seeking benefits under other existing sections of law.

Committee Categories

Labor and Employment

Sponsors (1)

Last Action

Accompanied a study order, see H4367 (on 06/09/2016)

bill text


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