03/01/2024 03:15 PM House LABOR & COMMERCE

          HB 218-FIREFIGHTER WORKERS COMP REQUIREMENTS                                                                      
                                                                                                                                
4:50:26 PM                                                                                                                    
                                                                                                                                
CHAIR SUMNER announced that the  final order of business would be                                                               
HOUSE BILL NO.  218, "An Act relating to  coverage for disability                                                               
from  diseases for  certain firefighters;  and  providing for  an                                                               
effective date."                                                                                                                
                                                                                                                                
4:50:33 PM                                                                                                                    
                                                                                                                                
The committee took a brief at-ease from 4:50 p.m. to 4:52 p.m.                                                                  
                                                                                                                                
4:52:45 PM                                                                                                                    
                                                                                                                                
REPRESENTATIVE SADDLER, as prime sponsor, presented HB 218.  He                                                                 
paraphrased the sponsor statement [included in committee                                                                        
packet], which read as follows [original punctuation provided]:                                                                 
                                                                                                                                
     House  Bill 218  seeks  to lessen  an  undue burden  on                                                                    
     firefighters  and  fire  departments  by  changing  the                                                                    
     requirements  and  qualifications for  firefighters  to                                                                    
     receive  critical  disability   coverage  for  diseases                                                                    
     acquired or developed in the line of duty.                                                                                 
                                                                                                                                
     Under  current law,  for a  new firefighter  to qualify                                                                    
     for  disability coverage  for certain  illnesses likely                                                                    
     to  be  brought  about  by   the  hazards  of  the  job                                                                    
     (including  respiratory disease,  cardiovascular events                                                                    
     and several types of cancer),  they must get an initial                                                                    
     qualified  medical  assessment,   then  get  an  annual                                                                    
     physical examination every year  for seven years. These                                                                    
     physical assessments  and exams seek to  establish that                                                                    
     the firefighter  did not exhibit any  symptoms of those                                                                    
     diseases prior  to, or in  the first several  years of,                                                                    
     their service as a firefighter.                                                                                            
                                                                                                                                
     Currently, firefighters who have  served for fewer than                                                                    
     seven  years,  or  missed  getting  a  single  physical                                                                    
     examination  during  their  first seven  years,  cannot                                                                    
     access  benefits  for  a disability  brought  about  by                                                                    
     exposure to smoke, fumes and toxic substances.                                                                             
                                                                                                                                
     HB  218   would  revise  those  requirements   so  that                                                                    
     firefighters  who  have  three  years  of  service  and                                                                    
     received physical exams  upon certification and initial                                                                    
     hiring as  a firefighter would  be able to  qualify for                                                                    
     disability  coverage  for  the diseases  listed  in  AS                                                                    
     23.30.121(b)(1).                                                                                                           
                                                                                                                                
     Adjusting  the  requirements  for  disability  coverage                                                                    
     would allow firefighters, who put  their health at risk                                                                    
     to save the lives and homes  of others, to get the help                                                                    
     they need if  their work results in  disability. HB 218                                                                    
     would  also  reduce  the  financial  burden  on  small,                                                                    
     volunteer fire  departments across the state  of paying                                                                    
     for  physical exams,  letting  such departments  better                                                                    
     direct their  limited funds  toward fighting  fires and                                                                    
     saving lives.                                                                                                              
                                                                                                                                
4:55:23 PM                                                                                                                    
                                                                                                                                
ADONIS BUZARD,  Staff, Representative  Dan Saddler,  Alaska State                                                               
Legislature,  on  behalf  of  Representative  Saddler,  read  the                                                               
sectional  analysis for  HB 218  [included in  committee packet],                                                               
which read as follows [original punctuation provided]:                                                                          
                                                                                                                                
     Section 1  Page 1, Lines 4-14, & Page 2, Lines 1-30                                                                    
     Section  1  amends  AS   23.30.121(b)(3)  to  apply  AS                                                                    
     23.30.121(b)(1)    the  presumption  that  a claim  for                                                                    
     compensation  for disability  as  a  result of  certain                                                                    
     diseases is within the provisions  of this chapter   to                                                                    
     firefighters who have served in  the state for at least                                                                    
     three years, instead of seven.                                                                                             
                                                                                                                                
     Section   1  also   amends  AS   23.30.121(b)(3)(A)  by                                                                    
     updating  the  medical   examination  requirements  for                                                                    
     firefighters  to   qualify  for   disability  benefits.                                                                    
     Current  statute   requires  firefighters  to   get  an                                                                    
     initial  exam and  then one  exam each  year for  seven                                                                    
     consecutive years  to qualify  for benefits.  Section 1                                                                    
     amends  those provisions  to require  qualified medical                                                                    
     exams  upon   certification  as  a   firefighter,  upon                                                                    
     initial hiring  as a firefighter,  and once  every five                                                                    
     years of employment as a firefighter.                                                                                      
                                                                                                                                
     Section  1  further  amends  AS  23.30.121(b)(3)(A)  by                                                                    
     adding a final requirement  that firefighters receive a                                                                    
     medical  examination  within  one year  of  terminating                                                                    
     service  as a  firefighter  to  qualify for  disability                                                                    
     benefits   related    to   diseases   listed    in   AS                                                                    
     23.30.121(b)(1).                                                                                                           
                                                                                                                                
     Section 2  Page 2, Line 31                                                                                             
     Section 2 provides for an immediate effective date.                                                                        
                                                                                                                                
CHAIR SUMNER opened invited testimony.                                                                                          
                                                                                                                                
4:57:54 PM                                                                                                                    
                                                                                                                                
JOHN DELLACROCE,  Former Assistant Chief, Chugiak  Volunteer Fire                                                               
Department,  gave  invited   testimony  on  HB  218.     He  said                                                               
presumptive health has  limited accessibility due to  the cost of                                                               
medical exams.  Even the  Chugiak Volunteer Fire Department   one                                                               
of  the  largest volunteer  departments  in  the state     cannot                                                               
afford  to provide  medical exams  every seven  years.   He added                                                               
that  reducing  the  threshold  to   five  years  has  been  more                                                               
palatable.    By  reducing  the threshold  to  three  years,  the                                                               
availability for  this benefit would  be increased to  64 percent                                                               
of Chugiak's volunteer firefighters.                                                                                            
                                                                                                                                
4:59:21 PM                                                                                                                    
                                                                                                                                
REPRESENTATIVE PRAX  asked whether the department  is required to                                                               
carry workers' compensation insurance for firefighters.                                                                         
                                                                                                                                
MR.  DELLACROCE answered  yes.   He clarified  that HB  218 would                                                               
apply to someone who leaves  the service and develops cancer, for                                                               
example, within 16 months.                                                                                                      
                                                                                                                                
REPRESENTATIVE  PRAX asked  whether  the  Chugiak Volunteer  Fire                                                               
Department  has experienced  increases  in workers'  compensation                                                               
rates and coverage.                                                                                                             
                                                                                                                                
MR. DELLACROCE  said he  was not prepared  to discuss  changes in                                                               
insurance  costs.   He  reported  that insurance  is  one of  the                                                               
department's largest annual costs.                                                                                              
                                                                                                                                
5:02:02 PM                                                                                                                    
                                                                                                                                
CHUCK  COLLINS,  Director,  Division  of  Worker's  Compensation,                                                               
Department  of Labor  &  Workforce  Development (DLWD),  recalled                                                               
that  with  the  recent  changes in  presumptions,  the  forecast                                                               
raises  the  cost of  the  entire  workers' compensation  by  0.2                                                               
percent.    He  offered  to  follow  up  with  specifics  on  the                                                               
volunteer fire departments.                                                                                                     
                                                                                                                                
REPRESENTATIVE PRAX asked whether  rules have been established to                                                               
reduce or prevent exposure.                                                                                                     
                                                                                                                                
MR. COLLINS said  workers' compensation would not  be involved in                                                               
that.   He shared  his understanding  that the  fire denomination                                                               
process is intense.                                                                                                             
                                                                                                                                
5:04:16 PM                                                                                                                    
                                                                                                                                
MR. DELLACROCE,  in response to Representative  Prax, stated that                                                               
there are  policies and  procedures in  place to  limit exposure;                                                               
however, there's  always some  risk involved.   He said  the bill                                                               
would provide peace of mind.                                                                                                    
                                                                                                                                
5:05:41 PM                                                                                                                    
                                                                                                                                
CHAIR SUMNER announced that HB 218 would be held over.