411.15  Hospitalization and medical attention.
  1.  a.  Cities shall provide hospital, nursing, and physical or mental medical attention for the members of the police and fire departments of the cities, when injured while in the performance of their duties as members of such department or for injuries and diseases arising out of and in the course of the employment. 
  b.  Cities shall continue to provide hospital, nursing, and physical or mental medical attention for injuries or diseases incurred while in the performance of their duties or arising out of and in the course of the employment for members or beneficiaries receiving a retirement allowance under section 411.6.
  c.  Disease under this subsection shall mean heart disease or any disease of the lungs or respiratory tract and shall be presumed to have been contracted while on active duty as a result of strain or the inhalation of noxious fumes, poison, or gases. Disease under this subsection shall also mean cancer or infectious disease, both as defined in section 411.1, and shall be presumed to have been contracted while on active duty as a result of that duty.
  2.  a.  Cities may fund the cost of the hospital, nursing, and physical or mental medical attention required by this section through the purchase of insurance, including by processing claims concerning cancer, heart, and lung or respiratory issues described in section 411.6, subsection 5, paragraph “c”, through their group health insurance plan as long as the member is not responsible for any cost-sharing; by self-insuring the obligation; or through payment of moneys into a local government risk pool established for the purpose of covering the costs associated with the requirements of this section. However, the cost of the hospital, nursing, and physical or mental medical attention required by this section shall not be funded through an employee-paid health insurance policy, except as otherwise specified in this subsection. Cancers, heart disease, and lung or respiratory diseases described in section 411.6, subsection 5, paragraph “c”, shall not be deemed work-related for purposes of coverage through the employer’s group health insurance plan.
  b.  A member or beneficiary shall not be required to pay the cost of the hospital, nursing, and physical or mental medical attention required by this section, including but not limited to any costs or premiums associated with any insurance policy providing coverage for the hospital, nursing, and physical or mental medical attention.
  c.  The cost of the hospital, nursing, and physical or mental medical attention required by this section shall be paid from moneys held in a trust and agency fund established pursuant to section 384.6, or out of the appropriation for the department to which the injured person belongs or belonged; provided that any amounts received by the injured person from any other source for such specific purposes, shall be deducted from the amount paid by the city under the provisions of this section.
  3.  a.  For purposes of this subsection, “date of the occurrence of the injury or disease” means the date that the member or beneficiary knew or should have known that the injury or disease was work-related.
  b.  To be provided the cost of the hospital, nursing, and physical or mental medical attention required by this section, the city or the city’s representative shall have actual knowledge of the occurrence of an injury or disease or be provided notice of the occurrence of an injury or disease on behalf of a member or beneficiary within ninety days from the date of the occurrence of the injury or disease.
  c.  (1)  Except as provided in subparagraph (2), an action to require the city to provide the cost of hospital, nursing, and physical or mental medical attention required by this section shall not be maintained unless the action is commenced before the later of any of the following:
  (a)  Two years from the date of the occurrence of the injury or disease.
  (b)  Two years from the date the city denies a claim to provide hospital, nursing, and physical or mental medical attention required by this section.
  (2)  A city shall not be responsible for any claim or action for a newly discovered work-related injury arising under this chapter which is filed after three years from the last date of employment of the member.
[C66, 71, 73, 75, 77, 79, 81, §411.15]
98 Acts, ch 1183, §94; 2008 Acts, ch 1171, §53; 2024 Acts, ch 1138, §11
Referred to in §411.22
Section amended