Amends TCA Title 7, Chapter 51, Part 2; Title 9; Title 50, Chapter 6 and Title 68, Chapter 102.

This bill creates the legal presumption that an injury was incurred in the line of duty if a firefighter is diagnosed with post-traumatic stress disorder by a mental health professional as a result of responding to one or more incidents with at least one of the following determining factors:<br /> <br /> (1) Directly witnessing the death of a minor, or treating the injury of a minor, who subsequently died before or upon arrival at a hospital emergency department;<br /> <br /> (2) Directly witnessing an individual whose death involved a serious bodily injury of a nature that shocks the conscience;<br /> <br /> (3) Responding to an event where there was a victim with a serious bodily injury that shocks the conscience; or<br /> <br /> (4) Responding to an event where a responder, co-worker of a responder, or family member of a responder sustained a serious bodily injury or died.<br /> <br /> Under this presumption, the injury is compensable under the Workers' Compensation Law unless it is shown by a preponderance of the evidence that the post-traumatic stress disorder was caused by non-service-connected risk factors or non-service-connected exposure. <br /> <br /> This bill applies to a firefighter who is diagnosed with post-traumatic stress disorder within one year of the firefighter's final date of employment with the employer fire department. However, a mental condition resulting solely from disciplinary action, work evaluation, job transfer, layoff, demotion, termination, or similar action taken in good faith by the employer is not considered an injury sustained in the line of duty under this bill.<br /> <br /> GRANT PROGRAM<br /> <br /> This bill requires the department of commerce and insurance to do the following:<br /> <br /> (1) Establish and administer a grant program to mitigate the costs to an employer of providing workers' compensation for firefighters diagnosed with post-traumatic stress disorder by a mental health professional;<br /> <br /> (2) Utilize existing staff to assist in the implementation of the program and provide grant funding from whatever funding sources are available;<br /> <br /> (3) Administer the program pursuant to policies developed by the department, which must provide for the awarding of grants to employers who apply for a grant and develop curricula for mental health awareness training for personnel, which may be developed in conjunction with another employer or entity; and<br /> <br /> (4) Grant a firefighter who receives mental health awareness training in accordance with this bill appropriate continuing education credits.<br /> <br /> RULEMAKING<br /> <br /> This bill authorizes the department of commerce and insurance to promulgate rules to effectuate this bill.<br /> <br /> ON APRIL 21, 2023, THE SENATE ADOPTED AMENDMENT #1 AND PASSED SENATE BILL 856, AS AMENDED.<br /> <br /> AMENDMENT #1 revises various provisions of this bill, as follows: <br /> <br /> (1) Changes the definition of "fire department" for purposes of this bill to mean a department of a municipality, county, or political subdivision, or an organization, agency, or entity that offers its services, for or without pay, for the purpose of suppressing fires, performing rescue services, or for other emergency response purposes and does not include law enforcement agencies, emergency medical agencies licensed by the Tennessee emergency medical services board, and rescue squads that do not provide fire protection; <br /> <br /> (2) Requires the department of labor and workforce development, instead of the department of commerce and insurance, to establish and administer the grant program described in this bill and all duties relative to such program;<br /> <br /> (3) Requires the department of labor and workforce development to administer the program pursuant to rules promulgated by the department, instead of pursuant to policies. This amendment requires the rules to award grants to not only employers but also workers compensation benefits provider of employers if requirements are met, which this amendment requires the state fire marshal's office to verify;<br /> <br /> (4) Revises the department's ability to award an employer a grant to be if the employer provides mental health awareness training, that meets the provided standards, for its personnel instead of if the employer develops curricula for mental health awareness training;<br /> <br /> (5) Requires the employer, instead of the department, to grant a firefighter who receives mental awareness training the appropriate continuing education credits; <br /> <br /> (6) Requires the department to annually provide a report, on or before February 1 each year, to the chairs of the state and local government committee of the senate and the local government committee of the house of representatives. The report must include an analysis of the number of claims brought based on this bill under the Workers' Compensation Law, the portion of those claims that resulted in a settlement or award of benefits, the effects of the provisions of this bill on costs to this state and its political subdivisions, and the balance of funds available for future claims; and<br /> <br /> (7) Adds a repeal date for the grant program in this bill of December 31, 2028. <br />