Bill Summary – FastDemocracy

WEST VIRGINIA LEGISLATURE
REGULAR SESSION
                 Introduced House Bill 4698
           By Delegate Statler and Tully [Introduced January 15, 2024; Referred to the Committee on Fire Departments and Emergency Medical Services then Health and Human Resources then Finance ]
     Intr HB                                      2024R1152
  A BILL to amend and reenact §23-4-1f of the Code of West Virginia, 1931, as amended; relating to
         who may diagnose post-traumatic stress disorder as a compensable injury or disease
         under workers compensation.
     Be it enacted by the Legislature of West Virginia:
     ARTICLE              4.         DISABILITY              AND            DEATH             BENEFITS.
     §23-4-1f. Certain psychiatric injuries and diseases not compensable; definitions;
            legislative findings;              terms;             report required.
         (a) Except as provided by this section, for the purposes of this chapter, no alleged injury or
  disease may be recognized as a compensable injury or disease which was solely caused by
  nonphysical means and which did not result in any physical injury or disease to the person
  claiming benefits. Except as otherwise provided in this section, it is the purpose of this section to
  clarify that so-called mental-mental claims are not compensable under this chapter.
         (b) For the purposes of this section:
         (1) "First responder" means a law enforcement officer, firefighter, emergency medical
  technician, paramedic, and emergency dispatcher;
         (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 as adopted by rule of the
 insurance commissioner; and
        (3) "Licensed mental health provider" means a licensed psychiatrist, licensed psychologist,
 licensed professional counselor, licensed marriage and family therapist, or licensed social worker
 who:
        (A) Holds a master's degree or higher;
        (B) Holds a terminal license within their profession; and
        (C) Is qualified to treat post-traumatic stress disorder.
        (4) "Employer" means any entity that controls, consistent with the provisions of West
                                                       1
     Intr HB                                        2024R1152
 Virginia law relating to an employment relationship, the paid or volunteer employment of a first
 responder eligible for benefits under this section.
         (c) The Legislature finds that post-traumatic stress disorder is a unique medical condition.
 Although it may manifest itself as a psychiatric condition that would be otherwise precluded from
 workers' compensation coverage, post-traumatic stress disorder is an occupational hazard for first
 responders, similar to members of the military serving in combat. The Legislature further finds that
 because first responders are required to expose themselves to traumatic events during the course
 of their employment and thus are at a recognized higher risk of developing post-traumatic stress
 disorder, and because of the severe nature and debilitative effects of post-traumatic stress
 disorder, it is the moral obligation of the state to permit coverage to this class of individuals for their
 work-related disease.
         (d)(1) Post-traumatic stress disorder suffered by a first responder may be recognized as a
 compensable occupational disease under §23-4-1(f) of this code when:
         (A) The Employer has elected to provide coverage for post-traumatic stress disorder as an
 occupational disease; and
         (B) A diagnosis has been made by a licensed psychiatrist mental health provider that the
 first responder suffered from post-traumatic stress disorder due to exposure to an event or events
 that occurred in the course of and resulting from the first responder's paid or volunteer covered
 employment: Provided, That the provisions of this section shall apply only to a post-traumatic
 stress disorder diagnosis made on or after July 1, 2021, or the first day of the employer's next
 workers' compensation insurance policy or self-insurance program term for which post-traumatic
 stress disorder coverage has been purchased or elected, whichever is later.
         (2) While the diagnosis must be made by a licensed psychiatrist, mental health treatment
 consistent for a post-traumatic stress disorder diagnosis may be offered by a licensed mental
 health provider other than the diagnosing psychiatrist.
         (3) (2) A diagnosis of post-traumatic stress disorder under this section shall not include
                                                         2
     Intr HB                                      2024R1152
 consideration of any layoff, termination, disciplinary action, or any similar personnel-related action
 taken in good faith by an employer.
        (4) (3) Benefits for a post-traumatic stress disorder diagnosis made under this section are
 contingent upon the employer electing to provide coverage for post-traumatic stress disorder from
 its workers' compensation insurance carrier or to provide for it through its self-insurance program,
 whichever is applicable.
        (5) (4) The receipt of benefits is contingent on a claim being made within three years from
 and after a licensed psychiatrist mental health provider has made the claimant aware of a post-
 traumatic stress disorder diagnosis in accordance with this section.
        (e) Any employer that elects to offer coverage to first responders for post-traumatic stress
 disorder under this section shall report post-traumatic stress disorder claims data to the Offices of
 the Insurance Commissioner directly or via the employer's private workers' compensation
 insurance carrier, whichever is applicable, beginning July 1, 2021, or from the first day of the
 employer's next workers’ compensation insurance policy or self-insurance program term, which
 provides such elective coverage, whichever is later.
        (f) The Offices of the Insurance Commissioner shall report annually on claims data related
 to post-traumatic stress disorder claims for first responders to the Joint Committee on Volunteer
 Fire Department and Emergency Medical Services beginning January 1, 2022.
        (g) The amendments made to this section during the 2021 regular session of the
 Legislature to recognize post-traumatic stress disorder as a compensable injury subject to the
 provisions of this section shall expire on July 1, 2026, unless extended by the Legislature.
            NOTE: The purpose of this bill is to expand the professionals who may diagnose post-
            traumatic stress disorder.
            Strike-throughs indicate language that would be stricken from a heading or the present law and underscoring indicates new language that would be added.
                                                        3
Statutes affected: 
Introduced Version: 23-4-1f