Senate File 192 - Introduced SENATE FILE 192 BY NUNN A BILL FOR An Act creating a line of duty reimbursement for COVID-19 1 pandemic-related health care costs of qualified volunteer 2 emergency services providers, providing an appropriation, 3 and providing effective and applicability dates. 4 BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF IOWA: 5 TLSB 2121XS (4) 89 pf/rh
S.F. 192 Section 1. NEW SECTION . 80.48 Qualified volunteer emergency 1 services providers —— COVID-19 pandemic-related health care costs 2 and line of duty reimbursement —— fund. 3 1. The commissioner shall issue line of duty health care 4 reimbursement warrants for payment of health care claims by 5 qualified volunteer emergency services providers approved for 6 payment by the commissioner under subsection 2. 7 2. a. If the commissioner determines, upon the receipt of 8 evidence and proof from the supervising entity or employer of 9 a qualified volunteer emergency services provider, that the 10 health care costs of a qualified volunteer emergency services 11 provider were incurred as the result of the volunteer’s 12 performance in the line of duty related to the COVID-19 13 pandemic on or after January 1, 2020, the commissioner shall 14 issue a line of duty health care reimbursement warrant in an 15 amount not to exceed one thousand dollars in a lump sum to the 16 qualified volunteer emergency services provider. 17 b. For the purposes of evidence and proof that a qualified 18 volunteer emergency services provider incurred COVID-19 19 pandemic-related health care costs as the result of the 20 volunteer’s performance in the line of duty, there is a legal 21 presumption that a qualified volunteer emergency services 22 provider incurred such costs in the line of duty if the 23 volunteer had direct contact with or was in close proximity to 24 members of the public or other volunteers while performing in 25 the line of duty during the duration of the COVID-19 pandemic, 26 and if the volunteer received a presumptively positive or 27 laboratory confirmed COVID-19 diagnosis or if the diagnosis was 28 documented by a health care provider based on the volunteer’s 29 symptoms. 30 c. A line of duty health care reimbursement shall only 31 be payable if the portion of the health care costs being 32 reimbursed are not payable by another third-party source. 33 d. The line of duty health care reimbursement provided 34 under this section does not constitute an entitlement, shall 35 -1- LSB 2121XS (4) 89 pf/rh 1/ 5
S.F. 192 only be provided to the extent that funds are appropriated 1 and available for such purpose, and shall be provided on a 2 first-come, first-served basis. An application for a line of 3 duty health care reimbursement is deemed to be submitted when 4 all required supporting documentation has been received by the 5 department of public safety. 6 e. Receipt of a line of duty health care reimbursement 7 under this section shall not preclude or affect receipt of 8 any benefit received while in state active duty as defined in 9 section 29A.1, unemployment compensation insurance, long-term 10 disability insurance benefits, workers’ compensation benefits, 11 or any other compensation or benefit for which a qualified 12 volunteer emergency services provider may be eligible. 13 3. a. A qualified volunteer emergency services provider 14 reimbursement fund is created in the state treasury under the 15 control of the commissioner. The fund shall consist of all 16 moneys appropriated or transferred to the fund and moneys in 17 the fund are appropriated to the department of public safety 18 for reimbursement of the health care costs of qualified 19 volunteer emergency services providers as provided in this 20 section. 21 b. Notwithstanding section 12C.7, subsection 2, interest or 22 earnings on moneys deposited in the fund shall be credited to 23 the fund. Notwithstanding section 8.33, moneys credited to the 24 fund shall not revert at the close of a fiscal year but shall 25 remain available for the purposes of the fund. 26 4. The department shall adopt rules pursuant to chapter 17A 27 to administer this section. 28 5. For purposes of this section: 29 a. “Employer” means an entity that is required to provide 30 workers’ compensation coverage for a qualified volunteer 31 emergency services provider. 32 b. “Qualified volunteer emergency services provider” means 33 any of the following: 34 (1) A volunteer fire fighter as defined in section 85.61. 35 -2- LSB 2121XS (4) 89 pf/rh 2/ 5
S.F. 192 (2) A person performing the functions of an emergency 1 medical care provider as defined in section 147A.1 who was not 2 paid full-time by the entity for which such services were being 3 performed at the time the duty or work under this section was 4 performed. 5 (3) A reserve peace officer as defined in section 80D.1A. 6 (4) A volunteer ambulance driver as defined in section 7 85.61. 8 (5) A member of the national guard on state active duty as 9 defined in section 29A.1. 10 (6) Any other person performing fire, law enforcement, 11 ambulance, medical, or other emergency services on a volunteer 12 basis. 13 Sec. 2. QUALIFIED VOLUNTEER EMERGENCY SERVICES PROVIDER 14 REIMBURSEMENT FUND —— TRANSFER OF FUNDS. There is transferred 15 from the Iowa coronavirus relief fund for deposit in the 16 qualified volunteer emergency services provider reimbursement 17 fund created in section 80.48, for the fiscal year beginning 18 July 1, 2020, and ending June 30, 2021, the following 19 amount, or so much thereof as is necessary, for the purposes 20 designated: 21 For the issuance of warrants for reimbursement of health 22 care claims of qualified volunteer emergency services providers 23 approved by the commissioner of public safety pursuant to 24 section 85.48: 25 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . $ 20,000,000 26 Sec. 3. EFFECTIVE DATE. This Act, being deemed of immediate 27 importance, takes effect upon enactment. 28 Sec. 4. RETROACTIVE APPLICABILITY. This Act applies 29 retroactively to July 1, 2020. 30 EXPLANATION 31 The inclusion of this explanation does not constitute agreement with 32 the explanation’s substance by the members of the general assembly. 33 This bill provides for reimbursement of COVID-19 34 pandemic-related health care costs of qualified volunteer 35 -3- LSB 2121XS (4) 89 pf/rh 3/ 5
S.F. 192 emergency services providers. The bill provides a process 1 for the commissioner of public safety to issue warrants for 2 a line of duty health care reimbursement in an amount not to 3 exceed $1,000 in a lump sum to a qualified volunteer emergency 4 services provider, if the commissioner determines, upon the 5 receipt of evidence and proof from the supervising entity 6 or an employer of a qualified volunteer emergency services 7 provider, that the health care costs were incurred as the 8 result of the volunteer’s performance in the line of duty 9 related to the COVID-19 pandemic on or after January 1, 2020. 10 The bill describes the criteria under which there is a legal 11 presumption that a qualified volunteer emergency services 12 provider incurred COVID-19 pandemic-related health care costs 13 in the line of duty for the purposes of providing evidence and 14 proof for the line of duty reimbursement. A reimbursement 15 shall only be payable if the portion of the health care 16 costs being reimbursed are not payable by another third-party 17 source. The line of duty health care reimbursement does not 18 constitute an entitlement, shall only be provided to the extent 19 that funds are appropriated and available for such purpose, 20 and shall be provided on a first-come, first-served basis. 21 Receipt of a line of duty health care reimbursement shall 22 not preclude or affect receipt of any benefit received while 23 engaged in state active duty or from unemployment compensation 24 insurance, long-term disability insurance benefits, workers’ 25 compensation benefits, or any other compensation or benefit for 26 which a qualified volunteer emergency services provider may be 27 eligible. 28 The bill creates a qualified volunteer emergency services 29 provider reimbursement fund in the state treasury under 30 the control of the commissioner of public safety. The fund 31 consists of all moneys appropriated or transferred to the fund, 32 and moneys in the fund are appropriated for reimbursement of 33 the health care costs of qualified volunteer emergency services 34 providers as provided in the bill. Interest or earnings on 35 -4- LSB 2121XS (4) 89 pf/rh 4/ 5
S.F. 192 moneys deposited in the fund shall be credited to the fund and 1 moneys credited to the fund shall not revert at the close of a 2 fiscal year but shall remain in the fund for purposes of the 3 fund. 4 The department of public safety shall adopt administrative 5 rules to administer the bill. The bill provides definitions 6 for “employer” and “qualified volunteer emergency services 7 provider” for the purposes of the bill. 8 The bill transfers moneys from the Iowa coronavirus relief 9 fund to the qualified volunteer services provider reimbursement 10 fund for FY 2020-2021 to be used for issuance of warrants for 11 payment of health care claims by qualified volunteer emergency 12 services providers approved for payment by the commissioner of 13 public safety pursuant to the bill. 14 The bill takes effect upon enactment and is retroactively 15 applicable to July 1, 2020. 16 -5- LSB 2121XS (4) 89 pf/rh 5/ 5