HF 4026

as introduced - 92nd Legislature (2021 - 2022) Posted on 03/17/2022 05:31pm

A bill for an act
relating to labor; modifying timeline for duty disability Next determinations; requiring
treatment as part of workers' compensation benefits; requiring preservice and
in-service wellness training for peace officers and firefighters; appropriating money;
amending Minnesota Statutes 2020, sections 176.101, by adding subdivisions;
299A.465, subdivision 4; 353.031, subdivision 1; proposing coding for new law
in Minnesota Statutes, chapter 626.

BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MINNESOTA:

Section 1.

Minnesota Statutes 2020, section 176.101, is amended by adding a subdivision
to read:

new text begin Subd. 9. new text end

new text begin Post-traumatic stress disorder; treatment required. new text end

new text begin (a) For the purposes of
this section and section 353.031, subdivision 1, paragraph (b), the following terms have the
meanings given:
new text end

new text begin (1) "employee" means a peace officer or firefighter who is a member of the police and
fire plan under section 353.64, or:
new text end

new text begin (i) a member of the State Patrol retirement plan under section 352B.02; and
new text end

new text begin (ii) diagnosed with a mental impairment, as defined in section 176.011, subdivision 15,
paragraph (d);
new text end

new text begin (2) "employer" means an employer of a member of the police and fire plan under section
353.64;
new text end

new text begin (3) "mental health care provider" has the meaning given under Minnesota Rules, part
5221.6700, subpart 2, item A, subitem (5);
new text end

new text begin (4) "period of treatment" means 16 weeks of treatment for post-traumatic stress disorder
(PTSD), as described under Minnesota Rules, part 5221.6700, subpart 6, at the direction of
a mental health care provider; and
new text end

new text begin (5) "treatment for PTSD" means the treatment described under Minnesota Rules, part
5221.6700, at the direction of a mental health care provider.
new text end

new text begin (b) Notwithstanding any law to the contrary, the following requirements apply to an
employee with a compensable workers' compensation injury under this chapter:
new text end

new text begin (1) receipt of workers' compensation benefits is contingent upon the employee's ongoing
good-faith participation in treatment for PTSD. Treatment shall be paid for as provided
under this chapter;
new text end

new text begin (2) for the purposes of compensation for temporary partial Previous disability Next or temporary total
Previous disability Next , the employee shall continue to complete one period of treatment for every 16
weeks of compensation the employee receives under this chapter. Before permanent
restrictions can be addressed, the employee shall complete at least two periods of treatment,
or 32 weeks of treatment, before a determination can be made that the employee will never
return to gainful employment in a position as an employee under paragraph (a), clause (1);
new text end

new text begin (3) for the purposes of compensation for permanent total Previous disability Next , the employee shall
complete at least two periods of treatment, or 32 weeks of treatment, before a determination
can be made that the employee will never return to gainful employment;
new text end

new text begin (4) no determination of maximum medical improvement can be made until the applicable
treatment periods required under clauses (2) and (3) have been completed; and
new text end

new text begin (5) if, subject to clauses (1) to (4), the employee is determined to have a permanent total
Previous disability Next for the purposes of compensation under this chapter, the employee shall continue
to participate in treatment for PTSD at the direction of the employee's mental health care
provider. The employee's mental health provider must continually assess the employee's
progress in treatment at least annually, including any change to the employee's ability to
return to gainful employment. If the mental health care provider determines that the employee
will be able to return to gainful employment at some point in the future, the employee is no
longer permanently and totally disabled, and workers' compensation benefits shall be adjusted
accordingly.
new text end

Sec. 2.

Minnesota Statutes 2020, section 176.101, is amended by adding a subdivision to
read:

new text begin Subd. 10. new text end

new text begin Continuation of benefits; employer reimbursement. new text end

new text begin (a) For the duration
of the 32 weeks of treatment required for an employee under subdivision 9, paragraph (b),
clauses (2) and (3), an employer shall continue:
new text end

new text begin (1) to provide health insurance benefits to an employee and the employee's dependents
if the employee was receiving dependent coverage at the time of the injury under the
employer's group health plan;
new text end

new text begin (2) to pay the employer's contribution for health insurance benefits for the employee
and, if applicable, the employee's dependents; and
new text end

new text begin (3) to pay the employer's contribution to retirement benefits under the police and fire
defined benefit plan.
new text end

new text begin (b) Nothing in paragraph (a) prevents an employer from providing benefits in addition
to those required by this section or otherwise affects an employee's rights with respect to
any other employment benefit.
new text end

new text begin (c) An employer subject to this subdivision may annually apply by August 1 for the
preceding fiscal year to the commissioner of public safety for reimbursement of:
new text end

new text begin (1) the costs incurred to continue benefits as required under this subdivision; and
new text end

new text begin (2) the wage-related costs incurred to backfill a position for a period of up to 32 weeks
for an employee who is on temporary partial Previous disability Next or temporary total Previous disability Next and
receiving treatment.
new text end

Sec. 3.

Minnesota Statutes 2020, section 299A.465, subdivision 4, is amended to read:

Subd. 4.

Public employer reimbursement.

new text begin (a) new text end A public employer subject to this section
may annually apply by August 1 for the preceding fiscal year to the commissioner of public
safety for reimbursement deleted text begin to help defray a portion of its costs of complying with this section deleted text end .
new text begin Except as provided for in paragraph (b), new text end the commissioner shall provide deleted text begin an equal pro rata
share deleted text end new text begin reimbursement new text end to the public employer out of the public safety officer's benefit account
based on the availability of funds for each eligible officer, firefighter, and qualifying
dependents. Individual shares must not exceed the actual costs of providing coverage under
this section by a public employer.

new text begin (b) Beginning on August 1, 2023, a public employer is not eligible for reimbursement
under paragraph (a) unless the employer provides at least one of the following:
new text end

new text begin (1) annual wellness training to peace officers and firefighters who either are employed
or volunteer for the employer; or
new text end

new text begin (2) an employee assistance program or peer support program.
new text end

new text begin Wellness training for peace officers must incorporate the learning objectives established by
the Peace Officer Standards and Training Board under section 626.8477. No later than
February 1, 2023, the Board of Firefighter Training and Education must create a wellness
training program for public employers to offer to firefighters to satisfy the requirements of
this paragraph.
new text end

Sec. 4.

Minnesota Statutes 2020, section 353.031, subdivision 1, is amended to read:

Subdivision 1.

Application.

new text begin (a) new text end This section applies to all Previous disability Next determinations for
the public employees general fund, the public employees police and fire fund, and the local
government correctional service retirement plan and any other Previous disability Next determination
subject to approval by the board, except as otherwise specified in new text begin paragraph (b) and new text end section
353.33, 353.656, or 353E.05. These requirements and the requirements of section 353.03,
subdivision 3, are in addition to the specific requirements of each plan and govern in the
event there is any conflict between these sections and the procedures specific to any of those
plans under section 353.33, 353.656, or 353E.06.

new text begin (b) Notwithstanding any law to the contrary, a member of the police and fire plan
diagnosed with PTSD:
new text end

new text begin (1) shall seek and receive a decision on compensability of workers' compensation benefits
under chapter 176 before applying for regular duty Previous disability Next under the provisions of this
chapter; and
new text end

new text begin (2) is not eligible for regular duty Previous disability under this chapter unless and until the
member has completed the applicable treatment periods required under section 176.101,
subdivision 9, paragraph (b), clauses (2) and (3).
new text end

Sec. 5.

new text begin [626.8477] WELLNESS TRAINING.
new text end

new text begin Subdivision 1. new text end

new text begin Learning objectives and training course. new text end

new text begin The board must create learning
objectives and a training course to prepare peace officers for the stressful and traumatic
events that are common to policing and teach officers methods to process and cope with
the stress and trauma inherent to policing. The learning objectives and training course must
be updated as the board considers appropriate.
new text end

new text begin Subd. 2. new text end

new text begin Preservice training required. new text end

new text begin (a) The learning objectives developed pursuant
to subdivision 1 must be included in the required curriculum of a professional peace officer
education program.
new text end

new text begin (b) A person is not eligible to take the peace officer licensing examination after July 1,
2024, unless the individual has received the training described in paragraph (a).
new text end

new text begin Subd. 3. new text end

new text begin In-service training required. new text end

new text begin Beginning July 1, 2023, the chief law enforcement
officer of every state and local law enforcement agency shall provide in-service wellness
training to every peace officer and part-time peace officer employed by the agency. The
training must comply with the learning objectives developed and approved by the board
and must meet board requirements for board-approved continuing education credit. Each
peace officer with a license renewal date after June 30, 2023, is not required to complete
this training until the officer's next full three-year licensing cycle.
new text end

new text begin Subd. 4. new text end

new text begin Record keeping required. new text end

new text begin The head of each local and state law enforcement
agency shall maintain written records of the agency's compliance with the requirements of
subdivision 3. The written records are subject to periodic review by the board and must be
made available to the board at its request.
new text end

Sec. 6. new text begin APPROPRIATION.
new text end

new text begin (a) $....... in fiscal year 2023 is appropriated from the general fund to the commissioner
of public safety for the purpose of reimbursing employers under Minnesota Statutes, section
176.101, subdivision 10, for the cost incurred to continue benefits and backfill positions.
The base in fiscal year 2024 and beyond is $........
new text end

new text begin (b) $....... in fiscal year 2023 is appropriated from the general fund to the commissioner
of public safety for the purpose of reimbursing employers under Minnesota Statutes, section
299A.465, subdivision 4. This appropriation is available until June 30, 2024. The base in
fiscal year 2024 and beyond is $........
new text end

Sec. 7. new text begin EFFECTIVE DATE.
new text end

new text begin Sections 1, 2, and 4 are effective for workers' compensation benefit determinations for
dates of injury incurred after the date the police and fire plan and any applicable collective
bargaining agreement adopting sections 1, 2, and 4 has been implemented. The police and
fire plan and any applicable collective bargaining agreement shall adopt and implement the
provisions in sections 1, 2, and 4 no later than August 1, 2022.
new text end