Bill Summary for S 326 (2023-2024)
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View NCGA Bill Details | 2023-2024 Session |
AN ACT TO MAKE PERMANENT THE FIREFIGHTERS' HEALTH BENEFITS PILOT PROGRAM AND TO RENAME IT THE FIREFIGHTERS' CANCER INSURANCE PROGRAM, TO MODIFY THE CURRENT PERCENTAGE DISTRIBUTION OF THE GROSS PREMIUMS TAX TO FUND THE PROGRAM, TO SET A MAXIMUM RESERVE FOR THE WORKERS' COMPENSATION FUND, AND TO PROVIDE AN ALTERNATIVE MEANS OF BACKGROUND CHECKS FOR FIREFIGHTING AND PREVENTION SERVICES APPLICANTS LIVING IN NORTH CAROLINA FOR LONGER THAN FIVE YEARSRESERVE FOR THE WORKERS' COMPENSATION FUND.Intro. by Johnson, Perry, Barnes.
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Bill summary
Senate committee substitute to the 1st edition makes the following changes. Amends GS 105-228.5(d)(3) to delete language allocating up to 20% of the net proceeds credited to the Department of Insurance (Department) to be used to fund the provisions of the Firefighters' Cancer Insurance Program, with the balance of the 20% as determined in accordance with the provisions of GS 58-87-10(f) (calculations for the amount to meet the needs of the Workers’ Compensation Fund [WRC]) credited to the WRC. Instead, now credits up to 20% to the WRC, but caps that fund reserve at $45 million, and requires that the balance of the 20% be credited to the Department to be used to fund the Firefighters’ Cancer Insurance Program.
Deletes proposed amendments to GS 58-87-10 in its entirety and instead enacts new Article 86A to GS Chapter 58, titled the “Firefighters’ Cancer Insurance Program (Program).” Specifies that the Article’s purpose is to provide health benefits as authorized by the Article to eligible firefighters with a new diagnosis of cancer on or after January 1, 2022, and that the health benefits provided under the Article be supplemental to any other health benefits authorized by law for firefighters. Defines terms cancer, eligible firefighter, fire department, and firefighter. Sets forth the following eligibility requirements for the Program: (1) service in a NC fire department for a minimum of 5 years and (2) a new diagnosis of cancer on or after January 1, 2022, except if they are receiving benefits related to cancer under the NC Worker’s Compensation Act. Provides for the following benefits under the Program; (1) medical costs reimbursement of up to $12,000 for any out-of-pocket medical expenses incurred, including deductibles, copayments, or coinsurance costs, for each diagnosis of cancer; (2) a lump sum benefit of $25,000 for each diagnosis of cancer, capped at $50,000, upon submission of proof of diagnosis to the insurance carrier, the Department, or other applicable payor; (3) payment of specified amounts of disability benefits upon submission of proof to the insurance carrier, the Department, or other applicable payor of total disability resulting from the diagnosis of cancer or that the cancer precludes the firefighter from serving as a firefighter.
Sets forth the following limitation on disability benefits: (1) disability benefits can continue for no more than 36 consecutive months; (2) any firefighter receiving disability benefits may be required to have his or her condition reevaluated to determine if that firefighter has regained the ability to perform the duties of a firefighter. If that reevaluation indicates that the firefighter has regained the ability to perform the duties of a firefighter, then the monthly disability benefits will cease on the last day of the month the reevaluation was conducted; (3) if there is no reevaluation performed, but the firefighter's treating physician determines that the firefighter is again able to perform the duties of a firefighter, then the disability benefits will cease on the last day of the month that the physician made the determination; (4) if a firefighter returns to work as a firefighter before exhaustion of the 36 months of disability benefit an eligible firefighter may receive, and if there is a subsequent recurrence of disability caused by cancer that again precludes the firefighter from performing the duties of a firefighter, then the firefighter will be entitled to any remaining monthly disability benefits, not to exceed 36 months in total; (5) the monthly disability benefit will be subordinate to any other benefit paid from any source to the firefighter solely for a disability related to the cancer diagnosis, so long as that source is not private insurance purchased solely by the firefighter. Disability benefits under this section will be limited to the difference between the benefit amount paid by the other source and the amounts specified under the Article. Sets forth reporting requirements by the Department to the General Assembly and the Governor due on January 1 of each year.
Makes the act effective July 1, 2023.
Makes conforming changes to act’s long title.