PREVIOUS VERSION

The previous document that this document is based upon is available.

739 KAR 2:160.Reimbursement for line-of-duty stress injury treatment.

RELATES TO:

KRS 42.190, 75.400(3), 95A.200, 95A.210, 95A.220, 95A.240, 136.392, 335.500 - 335.599

STATUTORY AUTHORITY:

KRS 95A.220(2), (5), 95A.240

NECESSITY, FUNCTION, AND CONFORMITY:

KRS 95A.220(2) authorizes the Firefighters Foundation Program fund and appropriates the moneys in the fund for the purposes provided in KRS 95A.200 through 95A.300. KRS 95A.240 requires the Kentucky Fire Commission to administer the Firefighters Foundation Program fund and authorizes the commission to promulgate administrative regulations to administer the fund and further the purposes of KRS 95A.200 through 95A.300. KRS 95A.220(5) authorizes the Kentucky Fire Commission to reimburse a qualifying firefighter for his or her out-of-pocket expenses for treatment of a qualifying stress injury. This administrative regulation establishes requirements for obtaining stress injury reimbursement benefits.

Section 1.

Definitions.

(1)

"Full-time paid firefighter" is defined by KRS 75.400(3).

(2)

"Fund" is defined by KRS 95A.210(4).

(3)

"Mental health professional" means a psychiatrist, psychologist, or professional counselor credentialed under KRS 335.500 through 335.599.

(4)

"Qualifying firefighter" means an individual who satisfies the requirements of Section 3 of this administrative regulation.

(5)

"Stress injury" is defined by KRS 95A.220(1).

(6)

"Volunteer firefighter" means an individual who receives either no salary or less than $8,000 annually for firefighting services to a volunteer fire department.

Section 2.

Funding.

(1)

For each fiscal year, $1,250,000 shall be made available from the fund for a program to reimburse current and former full-time paid firefighters and volunteer firefighters for their out-of-pocket expenses for treatment of stress injuries caused by an event or an accumulation of events occurring in the course and scope of their employment.

(2)

Upon exhaustion or termination of funding, reimbursement benefits pursuant to this administrative regulation shall cease.

Section 3.

Eligibility. An individual shall be eligible to receive reimbursement pursuant to Section 4 of this administrative regulation if:

(1)

The individual is currently a full-time paid firefighter or volunteer firefighter or was formerly a full-time paid firefighter or volunteer firefighter;

(2)

The individual has been diagnosed with a stress injury by a mental health professional;

(3)

The stress injury has been caused by an event or an accumulation of events that have occurred in the course and scope of the individual's employment as a full-time paid firefighter or volunteer firefighter; and

(4)

The individual submits to the commission a completed:

(a)

Stress Injury Reimbursement Application form;

(b)

Substitute W-9 Form; and

(c)

Certification of Stress Injury Diagnosis form.

Section 4.

Reimbursement.

(1)

After receiving treatment for a stress injury, a qualifying firefighter may submit to the commission, corresponding receipts for the out-of-pocket expenses for treatment for reimbursement from the funds allocated for stress injury reimbursement pursuant to Section 1 of this administrative regulation. Reimbursable out-of-pocket expenses for stress injury treatment include expenses paid by a qualifying firefighter for:

(a)

Initial diagnosis;

(b)

Counseling or therapy;

(c)

Medication;

(d)

Mental health facility expenses;

(e)

In-patient treatment; or

(f)

Out-patient treatment.

(2)

A qualifying firefighter shall pay any out-of-pocket expenses for stress injury treatment before submitting receipts for reimbursement.

(3)

After a qualifying firefighter has paid any out-of-pocket expenses for which reimbursement is sought, a qualifying firefighter seeking reimbursement shall submit to the commission:

(a)

All insurance payment receipts for treatment of the stress injury;

(b)

A completed Stress Injury Voucher; and

(c)

All receipts for out-of-pocket expenses for treatment of the stress injury that have been paid by the qualifying firefighter and for which reimbursement is sought.

Section 5.

Limitations on Reimbursement Benefits. Reimbursement benefits for each qualifying firefighter shall not exceed $50,000 unless:

(1)

A written request for additional benefits is submitted to the commission by the qualifying firefighter, which shall include the dollar amount of the additional reimbursement benefits requested; and

(2)

The financial department of the commission determines that the requested additional reimbursement benefits are available pursuant to Section 1 of this administrative regulation.

Section 6.

Incorporation by Reference.

(1)

The following material is incorporated by reference:

(a)

"Certification of Stress Injury Diagnosis", PTSD-3, June 2024;

(b)

"Stress Injury Reimbursement Application", PTSD-1, June 2024;

(c)

"Stress Injury Voucher", PTSD-2, June 2024; and

(d)

"Substitute W-9 Form", W-9, December 6, 2013.

(2)

This material may be inspected, copied, or obtained, subject to applicable copyright law, at the Kentucky Fire Commission office, 110 Cleveland Drive, Paris, Kentucky 40361, Monday through Friday, 8 a.m. to 4:30 p.m.

(3)

This material may also be obtained at: http://kyfires.acadisonline.com/.

HISTORY: (50 Ky.R. 2115; 51 Ky.R. 43; eff. 10-1-2024.)

FILED WITH LRC: June 11, 2024

CONTACT PERSON: John K. Wood, counsel for the Kentucky Fire Commission, 163 East Main Street, Suite 200, Lexington, Kentucky 40507, phone (859) 225-4714, email administrativeregulations@wgmfirm.com.

739 KAR 2:160.Reimbursement for line-of-duty stress injury treatment.

RELATES TO:

KRS 42.190, 75.400(3), 95A.200, 95A.210, 95A.220, 95A.240, 136.392, 335.500 - 335.599

STATUTORY AUTHORITY:

KRS 95A.220(2), (5), 95A.240

NECESSITY, FUNCTION, AND CONFORMITY:

KRS 95A.220(2) authorizes ~~establishes~~ the Firefighters Foundation Program fund and appropriates the moneys~~monies~~ in the fund for the purposes provided in KRS 95A.200 throughto 95A.300. KRS 95A.240 requires the Kentucky Fire Commission to administer the Firefighters Foundation Program fund and authorizes the commission to promulgate administrative~~issue such reasonable rules and~~ regulations to administer~~as will facilitate the administration of~~ the fund and further the purposes of KRS 95A.200 throughto 95A.300. KRS 95A.220(5) authorizes~~requires~~ the Kentucky Fire Commission to reimburse a qualifying firefighter for his or her out-of-pocket expenses for treatment of a qualifying stress injury. This administrative regulation establishes requirements for obtaining stress injury reimbursement benefits.

Section 1.

Definitions.

(1)

"Full-time paid~~career~~ firefighter" is defined by KRS 75.400(3)means any member of a paid municipal fire department organized under KRS Chapter 95, 67A, or 67C, any member of a fire protection district organized under KRS Chapter 75, any member of a county fire department created pursuant to KRS Chapter 67, or any firefighter employed by an air board created under KRS Chapter 183.

(2)

"Fund" is defined by KRS 95A.210(4).

(3)

"Mental health professional" means a psychiatrist, psychologist, or professional counselor credentialed under KRS 335.500 throughto 335.599.

(4)

"Qualifying firefighter" means an individual who satisfies the requirements of Section 3 of this administrative regulation.

(5)

"Stress injury" is defined by KRS 95A.220(1).

(6)

"Volunteer firefighter" means an individual who receives either no salary or less than $8,000 annually for firefighting services to a volunteer fire department~~any member of a fire department organized under KRS Chapter 273~~.

Section 2.

Funding.

(1)

For each fiscal year, $1,250,000 shall be made available from the fund for a program to reimburse current and former full-time paid~~career~~ firefighters and volunteer firefighters for their out-of-pocket expenses for treatment of stress injuries caused by an event or an accumulation of events occurring in the course and scope of their employment.

(2)

Upon exhaustion or termination of funding, reimbursement benefits pursuant to this administrative regulation shall cease.

Section 3.

Eligibility. An individual shall be eligible to receive reimbursement pursuant to Section 4 of this administrative regulation if:

(1)

The individual is currently a full-time paid~~career~~ firefighter or volunteer firefighter or was formerly a full-time paid~~career~~ firefighter or volunteer firefighter;

(2)

The individual has been diagnosed with a stress injury by a mental health professional;

(3)

The stress injury has been caused by an event or an accumulation of events that have occurred in the course and scope of the individual's employment as a full-time paid~~career~~ firefighter or volunteer firefighter; and

(4)

The individual submits to the commission a completed:

(a)

Stress Injury Reimbursement Application form;

(b)

Substitute W-9 Form; and

(c)

Certification of Stress Injury Diagnosis form.

Section 4.

Reimbursement.

(1)

After receiving treatment for a stress injury, a qualifying firefighter may submit to the commission, corresponding receipts for the out-of-pocket expenses for ~~such~~ treatment for reimbursement from the funds allocated for stress injury reimbursement pursuant to Section 1 of this administrative regulation. Reimbursable out-of-pocket expenses for stress injury treatment include expenses paid by a qualifying firefighter for:

(a)

Initial diagnosis;

(b)

Counseling or therapy;

(c)

Medication;

(d)

Mental health facility expenses;

(e)

In-patient treatment; or

(f)

Out-patient treatment.

(2)

A qualifying firefighter shall pay any out-of-pocket expenses for stress injury treatment before submitting receipts for reimbursement.

(3)

After a qualifying firefighter has paid any out-of-pocket expenses for which reimbursement is sought, a qualifying firefighter seeking reimbursement shall submit to the commission:

(a)

All insurance payment receipts for treatment of the stress injury;

(b)

A completed Stress Injury Voucher; and

(c)

All receipts for out-of-pocket expenses for treatment of the stress injury that~~which~~ have been paid by the qualifying firefighter and for which reimbursement is sought.

Section 5.

Limitations on Reimbursement Benefits. Reimbursement benefits for each qualifying firefighter shall not exceed $50,000 unless:

(1)

A written request for additional benefits is submitted to the commission by the qualifying firefighter, which shall include the dollar amount of the additional reimbursement benefits requested; and

(2)

The financial department of the commission determines that the requested additional reimbursement benefits are available pursuant to Section 1 of this administrative regulation.

Section 6.

Incorporation by Reference.

(1)

The following material is incorporated by reference:

(a)

"Certification of Stress Injury Diagnosis", PTSD-3, June 2024 ~~form~~;

(b)

"Stress Injury Reimbursement Application", PTSD-1, June 2024 ~~form~~;

(c)

"Stress Injury Voucher", PTSD-2, June 2024; and

(d)

"Substitute W-9 Form", W-9, December 6, 2013 ~~form~~.

(2)

(3)

This material may also be obtained at: http://kyfires.acadisonline.com/.

HISTORY: (50 Ky.R. 2115; 51 Ky.R. 43; eff. 10-1-2024.)

FILED WITH LRC: June 11, 2024

CONTACT PERSON: John K. Wood, counsel for the Kentucky Fire Commission, 163 East Main Street, Suite 200, Lexington, Kentucky 40507, phone (859) 225-4714, email administrativeregulations@wgmfirm.com.

Page Generated: 9/19/2024, 12:15:11 PM

Title 739 | Chapter 002 | Regulation 160

739 KAR 2:160.Reimbursement for line-of-duty stress injury treatment.

RELATES TO:

STATUTORY AUTHORITY:

NECESSITY, FUNCTION, AND CONFORMITY:

Section 1.

(1)

(2)

(3)

(4)

(5)

(6)

Section 2.

(1)

(2)

Section 3.

(1)

(2)

(3)

(4)

(a)

(b)

(c)

Section 4.

(1)

(a)

(b)

(c)

(d)

(e)

(f)

(2)

(3)

(a)

(b)

(c)

Section 5.

(1)

(2)

Section 6.

(1)

(a)

(b)

(c)

(d)

(2)

(3)

739 KAR 2:160.Reimbursement for line-of-duty stress injury treatment.

RELATES TO:

STATUTORY AUTHORITY:

NECESSITY, FUNCTION, AND CONFORMITY:

Section 1.

(1)

(2)

(3)

(4)

(5)

(6)

Section 2.

(1)

(2)

Section 3.

(1)

(2)

(3)

(4)

(a)

(b)

(c)

Section 4.

(1)

(a)

(b)

(c)

(d)

(e)

(f)

(2)

(3)

(a)