[B]URLINGTON – State firefighter and police union leaders on Thursday hailed a new state law that provides first responders with workers’ compensation coverage for mental illnesses.
Vermont is the first state to pass such a law, according to the International Association of Firefighters. Bradley Reed, president of Professional Firefighters of Vermont, thanked lawmakers for helping the bill reach the finish line.
“Our members will be able to access treatment that will keep our firefighters and paramedics on the street, and keep them healthy so they can continue to provide the essential emergency services Vermonters call for every day,” Reed said at a news conference at the Burlington Fire Department’s Central Station.
The bill provides mental health parity for workers’ compensation insurance, and overturns a Vermont Supreme Court ruling that prohibits firefighters and other first responders from getting coverage for post-traumatic stress disorder. Prior to the legislation, workers’ compensation insurance covered only work-related mental health treatment if connected to a physical injury.
First responders who are diagnosed with PTSD are considered covered, unless the employer can prove that the illness is unrelated to work.
Jay Colbert, 3rd district vice president for the International Association of Firefighters, said workplace culture and the stigma surrounding PTSD prevent first responders from coming forward and speaking out on the issue. Firefighters are twice as likely to be diagnosed with the illness as the population at large, according to Colbert.
“This truly is a historic day, and on behalf of the 304,000 firefighters across the United States and Canada, I want to commend the people, the legislators and the emergency responders in the state of Vermont for leading the way,” he said.
Colbert believes the passage in Vermont of Act 80 will prompt other states to follow with similar legislation.
“This will break up the bottleneck,” he said.
H.197 almost died in the House Commerce and Economic Development Committee, and went through three committees before ultimately missing procedural deadlines to advance to the Senate. Senate President Pro Tempore Tim Ashe, D/P-Chittenden, worked with senators to add the language to S.56, an unrelated insurance and securities bill.
The bill faced opposition from lobbyists for insurance companies, the Vermont League of Towns and Cities and the Vermont Department of Labor, over concerns that the legislation would increase workers’ compensation premiums.
The Legislature’s Joint Fiscal Office estimated that the bill will cost nothing in the next fiscal year, and no more than $126,000 in fiscal year 2019.
Ashe commended the legislation at the press conference, recognizing the progress that has been made to reduce stigma around PTSD and other mental health issues.
“Firefighters and emergency personnel experience things that result in mental injuries, and it’s about time that we treat those on par with physical injuries, and treat them with the dignity they deserve,” he said.
Ashe thanked House Speaker Mitzi Johnson, D-South Hero, for supporting the legislation and working to get it passed, and said the determination and collaboration that took place between lawmakers was essential in passing the bill.
Johnson has firsthand knowledge of the work of first responders. She worked for nearly 20 years as a volunteer on the South Hero Rescue Squad, and her spouse has been a firefighter for close to 40 years.
“In telling him about coming to this event today, he and I started talking about those two or three calls, that each of us (has) had, that we still think about, and still get chills when we drive by the scene,” she said.
Rep. Sarah Copeland Hanzas, D-Bradford, was the lead sponsor of the bill in the House. She thanked first responders for helping lawmakers grasp the impact of PTSD on emergency personnel, calling the legislation a “game changer.”
“It is really gratifying to see a good idea and strong voices come together to move that idea forward,” Copeland Hanzas said.
Gov. Phil Scott had initial concerns over the legislation, but signed S.56 into law on June 15. The law went into effect July 1.
“Throughout the session, the governor expressed support for the goals and intent of the bill: to provide insurance protections for first responders from an array of workplace challenges they face daily,” the governor’s spokeswoman, Rebecca Kelley, said in a statement.
“While the governor and his administration raised concerns about potential unintended impacts to workers’ compensation insurance in Vermont, he trusts the Legislature fully evaluated the effects of this new policy and ultimately signed it in support of the effort to protect our first responders.”
