Committee/Subcommittee Amendment No. 1 to PCS for CS/CS/HB 989 (2024)

Summary

Committee/subcommittee amendment, Amendment No. 1 (with title amendment), offered by Representative LaMarca at the Commerce Committee hearing on PCS for CS/CS/HB 989 (2024). Section 64 of the inserted text amends section 112.1816, Florida Statutes, Firefighters; cancer diagnosis, so that upon a diagnosis of cancer a firefighter is entitled to listed benefits as an alternative to workers' compensation benefits under chapter 440. The benefits include cancer treatment covered within an employer-sponsored health plan, a one-time cash payout of $25,000 upon initial diagnosis, and leave time and employee retention benefits. Section 65 directs the Florida Birth-Related Neurological Injury Compensation Association to act by a date in 2024 in consultation with the Office of Insurance Regulation.

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                                           COMMITTEE/SUBCOMMITTEE AMENDMENT
                                     Bill No. PCS for CS/CS/HB 989     (2024)
       Amendment No. 1




            COMMITTEE/SUBCOMMITTEE ACTION
       ADOPTED                          (Y/N)
       ADOPTED AS AMENDED               (Y/N)
       ADOPTED W/O OBJECTION            (Y/N)
       FAILED TO ADOPT                  (Y/N)
       WITHDRAWN                        (Y/N)
       OTHER


 1     Committee/Subcommittee hearing bill:       Commerce Committee
 2     Representative LaMarca offered the following:
 3
 4          Amendment (with title amendment)
 5          Remove lines 2817-2818 and insert:
 6          Section 64.    Subsection (2) of section 112.1816, Florida
 7     Statutes, is amended to read:
 8          112.1816     Firefighters; cancer diagnosis.—
 9          (2)    Upon a diagnosis of cancer, a firefighter is entitled
10     to the following benefits, as an alternative to pursuing
11     workers' compensation benefits under chapter 440, if the
12     firefighter has been employed by his or her employer for at
13     least 5 continuous years, has not used tobacco products for at
14     least the preceding 5 years, and has not been employed in any
15     other position in the preceding 5 years which is proven to
16     create a higher risk for any cancer:
     PCS for CSCSHB 989 a1
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                                           COMMITTEE/SUBCOMMITTEE AMENDMENT
                                      Bill No. PCS for CS/CS/HB 989   (2024)
       Amendment No. 1


17          (a)   Cancer treatment covered within an employer-sponsored
18     health plan or through a group health insurance trust fund. The
19     employer must timely reimburse the firefighter for any out-of-
20     pocket deductible, copayment, or coinsurance costs incurred due
21     to the treatment of cancer.
22          (b)   A one-time cash payout of $25,000, upon the
23     firefighter's initial diagnosis of cancer.
24          (c)   Leave time and employee retention benefits equivalent
25     to those provided for other injuries or illnesses incurred in
26     the line of duty.
27
28     If the firefighter elects to continue coverage in the employer-
29     sponsored health plan or group health insurance trust fund after
30     he or she terminates employment, the benefits specified in
31     paragraphs (a) and (b) must be made available by the former
32     employer of a firefighter for 10 years following the date on
33     which the firefighter terminates employment so long as the
34     firefighter otherwise met the criteria specified in t his
35     subsection when he or she terminated employment and was not
36     subsequently employed as a firefighter following that date. For
37     purposes of determining leave time and employee retention
38     policies, the employer must consider a firefighter's cancer
39     diagnosis as an injury or illness incurred in the line of duty.
40          Section 65.    By September 1, 2024, the Florida Birth-
41     Related Neurological Injury Compensation Association shall, in
     PCS for CSCSHB 989 a1
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                                           COMMITTEE/SUBCOMMITTEE AMENDMENT
                                     Bill No. PCS for CS/CS/HB 989   (2024)
       Amendment No. 1


42     consultation with the Office of Insurance Regulation and the
43     Agency for Health Care Administration,
44
45           -----------------------------------------------------
46                       T I T L E    A M E N D M E N T
47          Remove line 222 and insert:
48          providing a directive to the Division of Law Revision;
49          amending s. 112.1816, F.S.; providing that, upon a
50          diagnosis of cancer, firefighters are entitled to
51          certain benefits under specified circumstances;
52          providing




     PCS for CSCSHB 989 a1
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