THE SENATE

S.B. NO.

2660

TWENTY-NINTH LEGISLATURE, 2018

 

STATE OF HAWAII

 

 

 

 

 

 

A BILL FOR AN ACT

 

 

relating to medical coverage.

 

 

BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF HAWAII:

 


     SECTION 1.  The legislature finds that firefighters can be exposed to contaminants from fires that are known or suspected to cause cancer.  Firefighters are exposed to multiple carcinogens and toxicants through incident exposure as residential and vehicle fires release highly concentrated toxicants from plastics and synthetics.  In October 2013, researchers from the National Institute for Occupational Safety and Health published a study that found that firefighters have a higher risk than the general population of being diagnosed with cancer.  The study looked at cancers and cancer deaths among 30,000 firefighters from Chicago, Philadelphia, and San Francisco fire departments and found that cancers of the respiratory, digestive, and urinary systems accounted for most of the higher rates of cancer in the study population, suggesting that firefighters are more likely to develop these types of cancers.  Additionally, a study in 2005 showed that firefighters have significantly higher risks than the general population of getting testicular cancer, multiple myeloma, non-Hodgkin's lymphoma, skin cancer, brain and malignant melanoma, rectal cancer, prostate cancer, buccal cavity and pharynx cancer, stomach cancer, colon cancer, and leukemia.  The Hawaii Medical Service Association conducted a review of their members who were Hawaii firefighters in collective bargaining unit (11) over a defined period of time to estimate the incidence of cancer among certain Hawaii Fire Fighters Association members compared to a comparable population of Hawaii Medical Service Association members.  Although the study was limited to two thousand male firefighters, the data showed that cancer rates among members of the Hawaii Fire Fighters Association were much higher than the general population for leukemia, buccal and pharynx cancer, colon cancer, prostate cancer, and brain and malignant melanoma.

     The legislature further finds that H.C.R. No. 32, H.D. 1, S.D. 1, regular session of 2016, requested the convening of a task force to examine cancer in the firefighting profession.  The task force discussed, among other things, recommendations for revisions to state workers' compensation laws that expedite the delivery of workers' compensation medical and other benefits for firefighters diagnosed with cancer, the percentages of cancer diagnoses in Hawaii for the general population compared to firefighters, and estimated costs to the State and counties if there were to be an acceleration of workers' compensation benefits for firefighters diagnosed with cancer.  These discussions led to the discovery that others states, such as Arizona, California, Nevada, North Dakota, and Virginia, have legislation that specifically mentions coverage of occupational diseases for firefighters due to the higher risks of contaminant exposure for firefighters.

     The legislature notes that providing sufficient medical coverage for firefighters recognizes the inherent occupational hazards that come with the job, ensures that firefighters receive proper medical treatment in a timely manner, and lessens the impact of emotional toil, financial burdens, and decreased quality of life on the families of firefighters diagnosed with cancer.

     The purpose of this Act is to:

     (1)  In the event of a controverted workers' compensation claim, require an injured employee's private health care plan to pay for or provide medical care, services, and supplies; provided that when the claim is accepted, the employer shall reimburse the private health care plan and injured employee; and

     (2)  In the event of an accepted workers' compensation claim for leukemia, multiple myeloma, non-Hodgkin's lymphoma, or certain cancers by a firefighter with five or more years of service, require an employer to be liable for one hundred thirty-seven per cent of medical care, services, and supplies.

     SECTION 2.  Chapter 386, Hawaii Revised Statutes, is amended by adding two new sections to part II to be appropriately designated and to read as follows:

     "§386-    Medical care, services, and supplies for controverted claims.  In the event of a controverted claim, the injured employee's private health care plan shall pay for or provide medical care, services, and supplies in accordance with the private health care contract.  When the claim is accepted or determined to be compensable, the employer shall reimburse the private health care plan and the injured employee in such amounts as authorized by this chapter and rules adopted by the department.

     §386-    Medical care, services, and supplies for firefighters suffering from cancer.  If a claim for leukemia, multiple myeloma, non-Hodgkin's lymphoma, or cancer of the lung, brain, stomach, esophagus, intestines, rectum, kidney, bladder, prostate, or testes filed by a firefighter with five or more years of service as a firefighter is accepted or determined to be compensable, section 386-21 remains applicable; provided that the employer shall be liable for medical care, services, and supplies not to exceed one hundred thirty-seven per cent of fees prescribed in the Medicare Resource Based Relative Value Scale applicable to Hawaii as prepared by the United States Department of Health and Human Services."

     SECTION 3.  New statutory material is underscored.

     SECTION 4.  This Act shall take effect on July 1, 2018.

 

INTRODUCED BY:

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Report Title:

Workers' Compensation; Firefighters; Cancer; Medical Care, Services, and Supplies

 

Description:

In the event of a controverted workers' compensation claim, requires an injured employee's private health care plan to pay for or provide medical care, services, and supplies; provided that when the claim is accepted, the employer shall reimburse the private health care plan and injured employee.  In the event of an accepted claim for leukemia, multiple myeloma, non-Hodgkin's lymphoma, or certain cancers by a firefighter with five or more years of service, requires an employer to be liable for 137 per cent of medical care, services, and supplies.

 

 

 

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