HOUSE DOCKET, NO. 3108 FILED ON: 1/20/2017
HOUSE . . . . . . . . . . . . . . . No. 3278
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The Commonwealth of Massachusetts
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PRESENTED BY:
Nick Collins
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To the Honorable Senate and House of Representatives of the Commonwealth of Massachusetts in General
Court assembled:
The undersigned legislators and/or citizens respectfully petition for the adoption of the accompanying bill:
An Act relative to disability or death caused by contagious diseases, presumption.
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PETITION OF:
Name: | District/Address: | Date Added: |
Nick Collins | 4th Suffolk | 1/20/2017 |
Colleen M. Garry | 36th Middlesex | 1/20/2017 |
Frank A. Moran | 17th Essex | 1/20/2017 |
Angelo J. Puppolo, Jr. | 12th Hampden | 1/20/2017 |
José F. Tosado | 9th Hampden | 1/20/2017 |
Daniel Cahill | 10th Essex | 1/20/2017 |
Jennifer E. Benson | 37th Middlesex | 1/20/2017 |
Barbara A. L'Italien | Second Essex and Middlesex | 1/20/2017 |
Michael F. Rush | Norfolk and Suffolk | 1/20/2017 |
James J. Dwyer | 30th Middlesex | 1/20/2017 |
Diana DiZoglio | 14th Essex | 1/20/2017 |
Michael D. Brady | Second Plymouth and Bristol | 1/20/2017 |
Daniel J. Ryan | 2nd Suffolk | 1/20/2017 |
David Paul Linsky | 5th Middlesex | 1/20/2017 |
Marjorie C. Decker | 25th Middlesex | 1/20/2017 |
Mathew Muratore | 1st Plymouth | 1/20/2017 |
Patrick M. O'Connor | Plymouth and Norfolk | 1/20/2017 |
John C. Velis | 4th Hampden | 1/20/2017 |
Kenneth I. Gordon | 21st Middlesex | 1/20/2017 |
Gerard Cassidy | 9th Plymouth | 1/20/2017 |
Antonio F. D. Cabral | 13th Bristol | 1/20/2017 |
Kate Hogan | 3rd Middlesex | 1/20/2017 |
Paul A. Schmid, III | 8th Bristol | 1/20/2017 |
Linda Dean Campbell | 15th Essex | 1/20/2017 |
Timothy R. Whelan | 1st Barnstable | 2/2/2017 |
Daniel Cullinane | 12th Suffolk | 1/20/2017 |
Paul R. Heroux | 2nd Bristol | 1/20/2017 |
Daniel J. Hunt | 13th Suffolk | 1/20/2017 |
John F. Keenan | Norfolk and Plymouth | 1/20/2017 |
Jeffrey N. Roy | 10th Norfolk | 1/20/2017 |
Tricia Farley-Bouvier | 3rd Berkshire | 1/20/2017 |
Kay Khan | 11th Middlesex | 1/20/2017 |
Tackey Chan | 2nd Norfolk | 1/20/2017 |
Thomas A. Golden, Jr. | 16th Middlesex | 1/20/2017 |
Rady Mom | 18th Middlesex | 1/20/2017 |
David M. Nangle | 17th Middlesex | 1/20/2017 |
Jennifer L. Flanagan | Worcester and Middlesex | 1/20/2017 |
Claire D. Cronin | 11th Plymouth | 1/20/2017 |
Michelle M. DuBois | 10th Plymouth | 1/20/2017 |
Natalie Higgins | 4th Worcester | 1/20/2017 |
Shaunna L. O'Connell | 3rd Bristol | 1/20/2017 |
Linda Dorcena Forry | First Suffolk | 2/3/2017 |
HOUSE DOCKET, NO. 3108 FILED ON: 1/20/2017
HOUSE . . . . . . . . . . . . . . . No. 3278
By Mr. Collins of Boston, a petition (accompanied by bill, House, No. 3278) of Nick Collins and others relative to creating a rebuttable presumption of job relatedness for certain public safety personnel suffering from disabling conditions caused by exposure to infectious diseases. Public Service. |
[SIMILAR MATTER FILED IN PREVIOUS SESSION
SEE HOUSE, NO. 2243 OF 2015-2016.]
The Commonwealth of Massachusetts
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In the One Hundred and Ninetieth General Court
(2017-2018)
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An Act relative to disability or death caused by contagious diseases, presumption.
Be it enacted by the Senate and House of Representatives in General Court assembled, and by the authority of the same, as follows:
SECTION 1. (1) Notwithstanding the provisions of any general or special law to the contrary, and for the purposes of any death, disability or medical services claim including claims under Chapter 32, Chapter 41 and Chapter 152 of the General Laws, any contagious disease, resulting in disability or death to a full-time uniformed member of a paid police department, fire department or municipal emergency medical service shall, if he or she successfully passed a physical examination on entry into such service or subsequent to such entry, which examination failed to reveal any evidence of such condition, be presumed to have been suffered in the line of duty, unless it is shown by a preponderance of the evidence that non-service connected risk factors or non-service connected accidents or hazards undergone, or any combination thereof, caused such incapacity. The provisions of this section shall only apply if the disabling or fatal condition is a type of contagious disease which may, in general, result from exposure to blood and other body fluids of the sick, excluding the common cold.
(2) The provisions of this section shall not apply to any person serving in such positions for fewer than five years at the time that such condition is first discovered, or should have been discovered. Any person first discovering any such condition within five years of the last date on which such person actively so served shall be eligible to apply for benefits hereunder, and such benefits, if granted, shall be payable as of the date on which the employee last received regular compensation. The provisions of this section shall not apply to any person serving in such position unless such person shall first establish that he has regularly responded to calls for police, fire or emergency medical service during some portion of the period of his service in such position.
(3) The provisions of this section shall also apply to any condition of Hepatitis A, B, or C, Tuberculosis, HIV, and any other contagious disease which is found by regulation by the commissioner of the department of public health to have a statistically significant correlation with police, fire or emergency medical service.
(4) Nothing herein shall preclude a member from applying for and receiving benefits under section seven or section nine, subject to the provisions of said sections.