HB2414 - Relating to the eligibility of certain first responders for workers' compensation benefits for post-traumatic stress disorder under the workers' compensation system.

  89R10913 KKR-D     By: Cole H.B. No. 2414       A BILL TO BE ENTITLED   AN ACT   relating to the eligibility of certain first responders for   workers' compensation benefits for post-traumatic stress disorder   under the workers' compensation system.          BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:          SECTION 1.  Section 408.006(b), Labor Code, is amended to   read as follows:          (b)  Notwithstanding Section 408.0061 [ 504.019 ], a mental or   emotional injury that arises principally from a legitimate   personnel action, including a transfer, promotion, demotion, or   termination, is not a compensable injury under this subtitle.          SECTION 2.  Section 504.019, Labor Code, is transferred to   Subchapter A, Chapter 408, Labor Code, redesignated as Section   408.0061, Labor Code, and amended to read as follows:          Sec.  408.0061  [ 504.019 ].  COVERAGE FOR POST-TRAUMATIC   STRESS DISORDER FOR CERTAIN FIRST RESPONDERS. (a) In this section:                (1)  "First responder" means an individual employed by   this state, a political subdivision of this state , or an   institution of higher education as defined by Section 61.003,   Education Code, who is:                      (A)  a peace officer under Article 2A.001, Code of   Criminal Procedure;                      (B)   an individual  [ a person ] licensed under   Chapter 773, Health and Safety Code, as an emergency care   attendant, emergency medical technician, advanced  emergency   medical technician [ technician-intermediate ], emergency medical   technician-paramedic, or licensed paramedic; or                      (C)  a firefighter subject to certification by the   Texas Commission on Fire Protection under Chapter 419, Government   Code, whose principal duties are firefighting and aircraft crash   and rescue.                (2)  "Post-traumatic stress disorder" means a disorder   that meets the diagnostic criteria for post-traumatic stress   disorder specified by the American Psychiatric Association in the   Diagnostic and Statistical Manual of Mental Disorders, fifth   edition, or a later edition adopted by the commissioner of workers'   compensation.          (b)   It is presumed that post-traumatic  [ Post-traumatic ]   stress disorder suffered by a first responder is a compensable   injury under this subtitle unless it is shown by a preponderance of   the evidence  [ only if it is based on a diagnosis ] that:                (1)  the disorder is caused by one or more events   occurring outside  [ in ] the course and scope of the first   responder's employment; and                (2)   no  [ the preponderance of the evidence indicates   that the ] event or events that occurred in the course and scope of   the first responder's employment  were a producing cause of the   disorder.          (c)  For purposes of this subtitle, the date of injury for   post-traumatic stress disorder suffered by a first responder is the   date on which the first responder first knew or should have known   that the disorder may be related to the first responder's   employment.          SECTION 3.  Section 409.021(a-3), Labor Code, is amended to   read as follows:          (a-3)  An insurance carrier is not required to comply with   Subsection (a) if the claim results from an employee's disability   or death for which a presumption is claimed to be applicable under   Section 408.0061 of this code or Subchapter B, Chapter 607,   Government Code, and, not later than the 15th day after the date on   which the insurance carrier received written notice of the injury,   the insurance carrier has provided the employee and the division   with a notice that describes all steps taken by the insurance   carrier to investigate the injury before the notice was given and   the evidence the carrier reasonably believes is necessary to   complete its investigation of the compensability of the   injury.  The commissioner shall adopt rules as necessary to   implement this subsection.          SECTION 4.  Section 415.021(c-2), Labor Code, is amended to   read as follows:          (c-2)  In determining whether to assess an administrative   penalty involving a claim in which the insurance carrier provided   notice under Section 409.021(a-3), the commissioner shall consider   whether:                (1)  the employee cooperated with the insurance   carrier's investigation of the claim;                (2)  the employee timely authorized access to the   applicable medical records before the insurance carrier's deadline   to:                      (A)  begin payment of benefits; or                      (B)  notify the division and the employee of the   insurance carrier's refusal to pay benefits; and                (3)  the insurance carrier conducted an investigation   of the claim, applied the statutory presumptions under Section   408.0061 of this code or Subchapter B, Chapter 607, Government   Code, and expedited medical benefits under Section 504.055.          SECTION 5.  Section 501.001(5-a), Labor Code, is amended to   read as follows:                (5-a)  "Post-traumatic stress disorder" has the   meaning assigned by Section 408.0061 [ 504.019 ].          SECTION 6.  The changes in law made by this Act apply only to   a claim for workers' compensation benefits based on a compensable   injury that occurs on or after the effective date of this Act. A   claim based on a compensable injury that occurs before that date is   governed by the law as it existed on the date the compensable injury   occurred, and the former law is continued in effect for that   purpose.          SECTION 7.  This Act takes effect September 1, 2025.