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:
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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
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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.
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(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
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
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.
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.
.
.
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.
.
.
$
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
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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
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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.
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