SB2530 101ST GENERAL ASSEMBLY

LRB101 16066 KTG 65428 b

101ST GENERAL ASSEMBLY
State of Illinois
2019 and 2020
SB2530

Introduced 1/28/2020, by Sen. Michael E. Hastings

SYNOPSIS AS INTRODUCED:

820 ILCS 305/29.3 new

Amends the Workers' Compensation Act. Provides that any emergency services personnel, public safety personnel, or individuals licensed as emergency medical services personnel under the Emergency Medical Services (EMS) Systems Act who has been diagnosed by a licensed psychiatrist with post-traumatic stress disorder is entitled to benefits under the Act. Provides that a qualifying individual is not required to demonstrate physical injury to receive benefits under the Act. Requires the Illinois Workers' Compensation Commission to ensure that services provided under the amendatory Act comply with all applicable federal parity regulations including, but not limited to, the Paul Wellstone and Pete Domenici Mental Health Parity and Addiction Equity Act of 2008. Requires emergency services providers and law enforcement agencies to provide employees with educational training related to mental health awareness, prevention, mitigation, and treatment.

FISCAL NOTE ACT MAY APPLY

A BILL FOR

AN ACT concerning employment.

Be it enacted by the People of the State of Illinois, represented in the General Assembly:

Section 5. The Workers' Compensation Act is amended by adding Section 29.3 as follows:

(820 ILCS 305/29.3 new)

Sec. 29.3. Post-traumatic stress disorder; emergency services personnel.

(a) Findings.

(1) The General Assembly determines that protecting emergency services and public safety personnel from the harmful impact of post-traumatic stress disorder fulfills an important State interest.

(2) According to the American Psychiatric Association, post-traumatic stress disorder affects approximately 3.5% of U.S. adults and an estimated one in 11 people will be diagnosed with post-traumatic stress disorder in their lifetime.

(3) Research suggests that 30% of first responders develop behavioral health conditions like post-traumatic stress disorder.

(b) Definitions. As used in this Section:

"Emergency services personnel" means any employee of an emergency services provider who is engaged in providing firefighting services.

"Emergency services provider" means any public employer that employs persons to provide firefighting services.

"Law enforcement agency" means any county sheriff, municipal police department, police department established by a university, the Illinois State Police, the Department of Corrections, the Department of Children and Family Services, the Division of Probation Services of the Supreme Court, the Office of the Statewide 9-1-1 Administrator, and other local or county agency comprised of county probation officers, corrections employees, or 9-1-1 telecommunicators or emergency medical dispatchers.

"Post-traumatic stress disorder" or "PTSD" means a disorder that meets the diagnostic criteria for PTSD specified by the American Psychiatric Association in its most recent edition of the Diagnostic and Statistical Manual of Mental Disorders adopted by the Illinois Workers' Compensation Commission and that is caused by an event occurring in the course and scope of one's employment.

"Public safety personnel" means any employee of a law enforcement agency.

(c) Any emergency services personnel, public safety personnel, or individuals licensed as emergency medical services personnel under Section 3.50 of the Emergency Medical Services (EMS) Systems Act who has been diagnosed by a licensed psychiatrist with post-traumatic stress disorder is entitled to benefits under this Act. To receive benefits in accordance with this Section, a qualifying individual is not required to demonstrate physical injury. The Commission shall ensure services provided under this Section comply with all applicable federal parity regulations including, but not limited to, the Paul Wellstone and Pete Domenici Mental Health Parity and Addiction Equity Act of 2008, final regulations issued under the Paul Wellstone and Pete Domenici Mental Health Parity and Addiction Equity Act of 2008, and final regulations applying the Paul Wellstone and Pete Domenici Mental Health Parity and Addiction Equity Act of 2008 to Medicaid managed care organizations, the Children's Health Insurance Program, and alternative benefit plans.

(d) Emergency services providers and law enforcement agencies shall provide employees with educational training related to mental health awareness, prevention, mitigation, and treatment.