SENATE DOCKET, NO. 1862 FILED ON: 1/13/2009
SENATE . . . . . . . . . . . . . . No. 1075
The Commonwealth of Massachusetts
_______________
PRESENTED BY:
John A. Hart, Jr.
_______________
To the Honorable Senate and House of
Representatives of the Commonwealth of Massachusetts in General
Court assembled:
The undersigned legislators and/or citizens respectfully petition for the passage of the accompanying bill:
An Act r
elative to c
ontagious d
iseases.
_______________
PETITION
OF:
|
Name:
|
District/Address:
|
|
John A. Hart, Jr.
|
First Suffolk
|
[SIMILAR MATTER FILED IN PREVIOUS SESSION
SEE SENATE, NO. S01490 OF 2007-2008.]
The Commonwealth of Massachusetts
_______________
In the Year Two Thousand and Nine
_______________
An Act
relative to contagious diseases.
Be it enacted by the Senate and House of Representatives in General Court assembled, and by the authority of the same, as follows:
SECTION 1.
Notwithstanding the provisions of any general or special law to the
contrary, and for the purposes of any death, disability or medical services claims under Chapter 32, Chapter 41, and Chapter 152, of the General Laws, any contagious disease, resulting in disability or death to a full-time uniformed member of a paid police
department, fire department or municipal emergency medical service shall, if he or she successfully passed a physical examination on entry into such service or subsequent to such entry, which exam failed to reveal any evidence of such condition, be presum
ed to have been suffered in the line of duty, unless it is shown by a preponderance of the evidence that non-service connected risk factors or non-service connected accidents or hazards undergone, or any combination thereof, cause such incapacity.
(2) T
he provisions of this section shall apply to any person otherwise eligible for
five years subsequent to retirement.
(3) The provisions of this section shall also apply to any condition of Hepatitis A, B, or C, Tuberculosis, HIV, and any other contagio
us disease which is found by regulation by the
commissioner of the department of public health to have a statistically significant correlation with police, fire or emergency medical services.
