Legislature(2021 - 2022)GRUENBERG 120
05/14/2021 08:00 AM House LABOR & COMMERCE
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| Audio | Topic |
|---|---|
| Start | |
| HB204 | |
| Presentation(s): State & Local Workers' Rights Enforcement | |
| HB91 | |
| SB12 | |
| Adjourn |
* first hearing in first committee of referral
+ teleconferenced
= bill was previously heard/scheduled
+ teleconferenced
= bill was previously heard/scheduled
| *+ | HB 204 | TELECONFERENCED | |
| *+ | HB 91 | TELECONFERENCED | |
| + | TELECONFERENCED | ||
| + | TELECONFERENCED | ||
| + | SB 12 | TELECONFERENCED | |
HB 204-WORKERS' COMP DISABILITY FOR FIREFIGHTERS
8:07:03 AM
CO-CHAIR FIELDS announced that the first order of business would
be HOUSE BILL NO. 204, "An Act relating to the presumption of
compensability for a disability resulting from certain cancers
in firefighters."
8:07:28 AM
REPRESENTATIVE KAUFMAN, as prime sponsor, explained that HB 204
would add breast cancer to the list of presumed disability
coverages for firefighters, so long as the firefighter could
establish medically that the breast cancer was caused by work as
a firefighter.
8:08:29 AM
MATTHEW HARVEY, Staff, Representative James Kaufman, Alaska
State Legislature, presented a PowerPoint [hard copy included in
the committee packet] titled "House Bill 204; Workers'
Compensation Disability for Firefighters," on behalf of
Representative Kaufman, prime sponsor. He presented slide 2,
"HB 204: Introduction," which read as follows [original
punctuation provided]:
Firefighting is an inherently
dangerous job.
It is important that workers
compensation insurance provides
coverage for the inherent risks in
that job.
Currently, there is an oversight in
Alaska Statutes regarding that
coverage: Breast Cancer.
MR. HARVEY presented slide 3, "Breast Cancer Risk -
Firefighters," which read as follows [original punctuation
provided]:
Key Facts:
.notdef Male firefighters are 7.5 times more likely to
die from breast cancer than their counterparts not in
fire service (Ma et al, 2005)
.notdef Studies that have evaluated cancer risk
among women firefighters suggest they may
be at an elevated incidence of risk for breast
cancer (Daniels et al, 2014).
.notdef Women in the U.S. have a 1 in 8 (12 %)
lifetime risk of contracting breast cancer.
MR. HARVEY presented slide 4, "House Bill 204," which read as
follows [original punctuation provided]:
HB 204 would add breast cancer to the list of presumed
disability coverages for firefighters, so long as the
firefighter could establish that the firefighter was
exposed to a known carcinogen associated with breast
cancer
MR. HARVEY presented slide 5, "Alaska Statute 23.30.121," which
read as follows [original punctuation provided]:
Breast Cancer would join the existing list of diseases
alongside:
1. Respiratory Disease
2. Cardiovascular Events (Limited)
3. Primary Brain Cancer
4. Malignant Melanoma
5. Non-Hodgkin's Lymphoma
6. Bladder Cancer
7. Ureter Cancer
8. Kidney Cancer
9. Prostate Cancer
MR. HARVEY presented slide 6, "Alaska Statute 23.30.121," which
read as follows [original punctuation provided]:
Several standard limitations apply for presumption of
compensability. The firefighter must:
1. Have been a firefighter for at least seven years,
2. Have had initial and annual medical exams showing
no evidence of disease,
3. Be able to demonstrate exposure to a known
carcinogen while in the Fire Service,
4. At a minimum, be certified as a Firefighter I.
8:10:51 AM
CO-CHAIR FIELDS asked how a firefighter would demonstrate
exposure to a known carcinogen.
MR. HARVEY discussed keeping a record of exposures.
8:11:27 AM
MR. HARVEY resumed his PowerPoint with slide 7, "Alaska Statute
23.30.121," which read as follows [original punctuation
provided]:
Other qualifying criteria would apply, including:
1. Coverage may be denied based on:
a. Use of tobacco products,
b. Physical fitness and weight,
c. Lifestyle decisions,
d. Hereditary factors, and
e. Exposure from other employment/non-employment
activities.
2. Post-employment coverage is available:
a. Three months accrued for every year of service
b. Five-year maximum.
MR. HARVEY presented slide 8, "Senate Bill 131," which read as
follows [original punctuation provided]:
Fourteen states include breast cancer in presumptive
laws:
1. Arizona
2. Arkansas
3. Colorado
4. Idaho
5. Iowa
6. Maine
7. Maryland
8. Missouri
9. Montana
10. New Mexico
11. New York
12. Oregon
13. Virginia
14. Wisconsin
15. (Alaska?)
8:12:23 AM
TIM BENNINGFIELD, Fire Chief, Chugiak Volunteer Fire and Rescue,
provided information on HB 204 on behalf of the Alaska
Firefighters Association. He pointed out that the PowerPoint
presentation stated that 4 percent of firefighters in the U.S.
are female; in Chugiak, however, women comprise 34 percent of
all firefighters. He said there are multiple ways for
firefighters to use technology to document exposure to
carcinogens.
8:15:14 AM
CO-CHAIR FIELDS asked for some more detail about the tracker.
MR. BENNINGFIELD explained that when there is a fire, the
firefighters are documented as having entered a structure.
Later, he said, the firefighter can log the exposure on an app.
8:17:20 AM
REPRESENTATIVE MCCARTY asked whether the tracking record is sent
to a collective site within the state or a certain division.
MR. BENNINGFIELD replied, "That would be attached to each
individual firefighter."
REPRESENTATIVE MCCARTY asked whether the information goes to a
database for analysis.
MR. BENNINGFIELD responded that the vendors that created the
apps currently archive the information, as well as control who
has access to the data.
REPRESENTATIVE MCCARTY asked whether there are multiple apps
used, and where the information goes.
MR. BENNINGFIELD replied that there are multiple apps, so there
is not a single repository of the information.
8:19:26 AM
CO-CHAIR FIELDS asked whether there is a central state
repository, and how to make sure firefighters are protected in
the event that one of the apps stops functioning.
8:20:10 AM
LORI WING-HEIER, Director, Division of Insurance, Department of
Commerce, Community, and Economic Development, responded that if
the firefighters are all using individual apps, and there's not
a central repository for the information, she wouldn't be able
to answer the question. If firefighters use the app of their
choice and the data is somehow lost, she said, there would be no
way of accessing the records.
8:21:03 AM
CHARLES COLLINS, Director, Division of Workers' Compensation,
Department of Labor and Workforce Development, said that there's
no tracking of which he is aware. He said that it's the
responsibility of each individual firefighter to track
exposures.
CO-CHAIR FIELDS commented that it seems like a structural
weakness. He asked Ms. Wing-Heier whether he's "wrong" to be
worried.
8:21:30 AM
MS. WING-HEIER replied, "It would seem to me that, perhaps, the
fire departments are keeping a track of what they were exposed
to, for all their members, that perhaps the individual could
then rely on." She expressed that the lack of tracking appears
to be a weakness within the system.
CO-CHAIR FIELDS suggested checking with the municipal fire
department in Anchorage.
8:22:15 AM
CO-CHAIR SPOHNHOLZ commented that if the responsibility for
tracking exposure lies with the firefighter, the current system
is problematic.
8:23:04 AM
REPRESENTATIVE SNYDER asked how workers' compensation claims for
cancers have been handled in the past.
MR. COLLINS replied that there have been five cancer-related
workers' compensation claims since 2016. He said that the
Division of Workers' Compensation doesn't track medical records.
REPRESENTATIVE SNYDER asked what the outcomes were in the
claims.
MR. COLLINS responded that four claims were paid, and one person
was deceased. He said the Division of Workers' Compensation
tracks the costs for benefits, and outcomes are sometimes not
shared.
8:25:49 AM
CO-CHAIR FIELDS asked whether hereditary factors have been used
as an excuse to not cover someone.
MR. COLLINS replied, "Yes ... that's a very common argument for
the employer's attorney or carrier's attorney." He said
hereditary factors and tobacco use are both used as arguments
against coverage.
CO-CHAIR FIELDS discussed the possibility of considering
narrowing the consideration of hereditary factors. He then
asked Ms. Wing-Heier whether the Division of Insurance has
experienced issues.
8:27:02 AM
MS. WING-HEIER said that the Division of Insurance has the
responsibility of overseeing policies and rates, while the
Division of Workers' Compensation works with individual claims
and how the system works for an injured employee.
8:27:25 AM
CO-CHAIR FIELDS asked Mr. Collins study whether hereditary
factors have been used to deny workers' compensation.
[HB 204 was held over.]