101ST GENERAL ASSEMBLY
State of Illinois
2019 and 2020
SB2530

 

Introduced 1/28/2020, by Sen. Michael E. Hastings

 

SYNOPSIS AS INTRODUCED:
 
820 ILCS 305/29.3 new

    Amends the Workers' Compensation Act. Provides that any emergency services personnel, public safety personnel, or individuals licensed as emergency medical services personnel under the Emergency Medical Services (EMS) Systems Act who has been diagnosed by a licensed psychiatrist with post-traumatic stress disorder is entitled to benefits under the Act. Provides that a qualifying individual is not required to demonstrate physical injury to receive benefits under the Act. Requires the Illinois Workers' Compensation Commission to ensure that services provided under the amendatory Act comply with all applicable federal parity regulations including, but not limited to, the Paul Wellstone and Pete Domenici Mental Health Parity and Addiction Equity Act of 2008. Requires emergency services providers and law enforcement agencies to provide employees with educational training related to mental health awareness, prevention, mitigation, and treatment.


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FISCAL NOTE ACT MAY APPLY

 

 

A BILL FOR

 

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1    AN ACT concerning employment.
 
2    Be it enacted by the People of the State of Illinois,
3represented in the General Assembly:
 
4    Section 5. The Workers' Compensation Act is amended by
5adding Section 29.3 as follows:
 
6    (820 ILCS 305/29.3 new)
7    Sec. 29.3. Post-traumatic stress disorder; emergency
8services personnel.
9    (a) Findings.
10        (1) The General Assembly determines that protecting
11    emergency services and public safety personnel from the
12    harmful impact of post-traumatic stress disorder fulfills
13    an important State interest.
14        (2) According to the American Psychiatric Association,
15    post-traumatic stress disorder affects approximately 3.5%
16    of U.S. adults and an estimated one in 11 people will be
17    diagnosed with post-traumatic stress disorder in their
18    lifetime.
19        (3) Research suggests that 30% of first responders
20    develop behavioral health conditions like post-traumatic
21    stress disorder.
22    (b) Definitions. As used in this Section:
23    "Emergency services personnel" means any employee of an

 

 

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1emergency services provider who is engaged in providing
2firefighting services.
3    "Emergency services provider" means any public employer
4that employs persons to provide firefighting services.
5    "Law enforcement agency" means any county sheriff,
6municipal police department, police department established by
7a university, the Illinois State Police, the Department of
8Corrections, the Department of Children and Family Services,
9the Division of Probation Services of the Supreme Court, the
10Office of the Statewide 9-1-1 Administrator, and other local or
11county agency comprised of county probation officers,
12corrections employees, or 9-1-1 telecommunicators or emergency
13medical dispatchers.
14    "Post-traumatic stress disorder" or "PTSD" means a
15disorder that meets the diagnostic criteria for PTSD specified
16by the American Psychiatric Association in its most recent
17edition of the Diagnostic and Statistical Manual of Mental
18Disorders adopted by the Illinois Workers' Compensation
19Commission and that is caused by an event occurring in the
20course and scope of one's employment.
21    "Public safety personnel" means any employee of a law
22enforcement agency.
23    (c) Any emergency services personnel, public safety
24personnel, or individuals licensed as emergency medical
25services personnel under Section 3.50 of the Emergency Medical
26Services (EMS) Systems Act who has been diagnosed by a licensed

 

 

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1psychiatrist with post-traumatic stress disorder is entitled
2to benefits under this Act. To receive benefits in accordance
3with this Section, a qualifying individual is not required to
4demonstrate physical injury. The Commission shall ensure
5services provided under this Section comply with all applicable
6federal parity regulations including, but not limited to, the
7Paul Wellstone and Pete Domenici Mental Health Parity and
8Addiction Equity Act of 2008, final regulations issued under
9the Paul Wellstone and Pete Domenici Mental Health Parity and
10Addiction Equity Act of 2008, and final regulations applying
11the Paul Wellstone and Pete Domenici Mental Health Parity and
12Addiction Equity Act of 2008 to Medicaid managed care
13organizations, the Children's Health Insurance Program, and
14alternative benefit plans.
15    (d) Emergency services providers and law enforcement
16agencies shall provide employees with educational training
17related to mental health awareness, prevention, mitigation,
18and treatment.