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HD 3430

An Act relative to disability or death caused by contagious disease; presumption

194th Legislature (2025-2026) Introduced by Patrick Kearney and 2 co-sponsors

Creates a presumption that line-of-duty disability or death from specified contagious diseases is service-related for full-time police, fire, and EMS, with limits and exceptions.

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Bill Summary · HD 3430

Summary: An Act relative to disability or death caused by contagious disease; presumption (House Docket No. 3430)

Overview

  • Purpose: Create a legal presumption that disability or death from certain contagious diseases is in the line of duty for full-time uniformed members of paid police, fire, or municipal emergency medical services, with specific conditions for eligibility and benefit timing.
  • Legislative status: Proposed bill in the Massachusetts General Court for the 2025-2026 session. Similar measure previously filed (House No. 2528 in 2023-2024). The text provided adds a new Section 94C to Chapter 32.

Key Provisions

  • Creation of Section 94C (new in Chapter 32)
    • Presumption of duty-related illness or death: If a contagious disease causes disability or death to a full-time uniformed member of a police department, fire department, or municipal EMS, and the member passed a qualifying physical examination on entry (or after entry) that did not reveal the condition, the illness/death is presumed to be in the line of duty.
    • Burden of proof: The presumption can be rebutted by a preponderance of the evidence showing non-service-connected risk factors, non-service-connected accidents, or a combination thereof caused the incapacity.
    • Scope of disease: Applies to contagious diseases that may result from exposure to blood and other body fluids of the sick, excluding the common cold.
  • Eligible claims and timing
    • Five-year look-back: A person discovering such a condition within five years of the last date of active service may apply for benefits.
    • Benefit start date: If granted, benefits are payable as of the date on which the employee last received regular compensation.
    • Service requirement: The person must have regularly responded to calls during some portion of their service to be eligible.
  • Covered diseases (examples; expandable by regulation)
    • COVID-19, Hepatitis A, B, or C, Tuberculosis, HIV.
    • Any other contagious disease identified by regulation of the Commissioner of Public Health as having a statistically significant correlation with police, fire, or EMS service.
  • Interaction with existing benefits
    • The new presumption does not bar applications for benefits under existing disability or retirement-related sections (Sections 7 or 9); any award would be subject to those provisions as applicable.
  • Administrative note
    • The disease list beyond those named can be expanded via regulation by the Commissioner of Public Health.

Who Is Affected

  • Primary beneficiaries: Full-time uniformed personnel in paid police departments, fire departments, and municipal emergency medical services who develop certain contagious diseases.
  • Recipients may include police officers, firefighters, and EMS personnel who meet the service and exposure criteria.

Procedural and Timeline Aspects

  • Eligibility window: Five years from the last active date of service for claim discovery.
  • Evidence requirements: A qualifying entry or post-entry medical examination must not have revealed the disease; non-service factors must be shown by preponderance to defeat the presumption.
  • Regulatory process: Additional diseases can be added by regulation from the Commissioner of Public Health.
  • Interaction with existing programs: Not mutually exclusive with Sections 7 or 9 benefits; could be pursued in conjunction with existing workers’ compensation or disability programs.

Potential Impact

  • Provides a clearer, presumptive pathway for disability or death benefits tied to contagious diseases among frontline public safety personnel.
  • Could increase the certainty and speed of disability determinations for line-of-duty cases related to bloodborne or contagious diseases.
  • Requires administrative updates and possible regulatory expansions by the Department of Public Health to add diseases with significant correlations to first-responder exposure.
  • May influence employer and insurer practices regarding claims for line-of-duty illnesses among police, fire, and EMS personnel.

Notes: The bill text cites a related measure filed previously (House 2528, 2023-2024) and is positioned within Chapter 32 of the General Laws, with the new Section 94C specifying the presumption framework.

Compiled from official sources — confirm details with the bill’s official record.

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