Title 739 | Chapter 002 | Regulation 160REG


PROPOSED
This document is not yet current.
KENTUCKY COMMUNITY AND TECHNICAL COLLEGE SYSTEM
Kentucky Fire Commission
(New Administrative Regulation)

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

Section 1.

Definitions.

(1)

"Full-time career firefighter" 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 to 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 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 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 career firefighter or volunteer firefighter or was formerly a full-time 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 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 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" form;

(b)

"Stress Injury Reimbursement Application" form;

(c)

"Stress Injury Voucher"; and

(d)

"Substitute W-9" form.

(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/.

RICKY KING, Chair
APPROVED BY AGENCY: February 23, 2024
FILED WITH LRC: March 11, 2024 at 1:00 p.m.
PUBLIC HEARING AND COMMENT PERIOD: A public hearing on this administrative regulation shall be held on May 21, 2024 at 1:00 p.m. ET at the Kentucky Fire Commission, 110 Cleveland Drive, Paris, Kentucky 40361. Individuals interested in being heard at this hearing shall notify this agency in writing by five (5) workdays prior to the hearing of their intent to attend. If no notification of intent to attend the hearing is received by that date, the hearing may be canceled. This hearing is open to the public. Any person who wishes to be heard will be given an opportunity to comment on the proposed administrative regulation. A transcript of the public hearing will not be made unless a written request for a transcript is made. If you do not wish to be heard at the public hearing, you may submit written comments on the proposed administrative regulation. Written comments shall be accepted through May 31, 2024. Send written notification of intent to be heard at the public hearing or written comments on the proposed administrative regulation to the contact person.
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.

REGULATORY IMPACT ANALYSIS AND TIERING STATEMENT
Contact Person:
John K. Wood
(1) Provide a brief summary of:
(a) What this administrative regulation does:
This administrative regulation establishes the requirements for applying for and obtaining stress injury reimbursement benefits from the Commission.
(b) The necessity of this administrative regulation:
This administrative regulation is necessary to establish procedures and requirements for applying for and obtaining stress injury reimbursement benefits.
(c) How this administrative regulation conforms to the content of the authorizing statutes:
KRS 95A.220 establishes the Firefighters Foundation Program fund and appropriates the monies in the fund for the purposes provided in KRS 95A.200 to 95A.300. KRS 95A.240 requires the Kentucky Fire Commission to administer the Firefighters Foundation Program fund and authorizes the Commission to issue such reasonable rules and regulations as will facilitate the administration of the fund and further the purposes of KRS 95A.200 to 95A.300. KRS 95A.220(5) 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 conforms to the content of KRS 95A.220 and 95A.240 by establishing reasonable rules and regulations regarding stress injury reimbursement benefits, which will facilitate the administration of the Firefighter Foundation Program fund.
(d) How this administrative regulation currently assists or will assist in the effective administration of the statutes:
KRS 95A.220 establishes the Firefighters Foundation Program fund and appropriates the monies in the fund for the purposes provided in KRS 95A.200 to 95A.300. KRS 95A.240 requires the Kentucky Fire Commission to administer the Firefighters Foundation Program fund and authorizes the Commission to issue such reasonable rules and regulations as will facilitate the administration of the fund and further the purposes of KRS 95A.200 to 95A.300. KRS 95A.220(5) 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 will assist in the effective administration of KRS 95A.220 and 95A.240 by establishing reasonable rules and regulations regarding stress injury reimbursement benefits, which will facilitate the administration of the Firefighter Foundation Program fund.
(2) If this is an amendment to an existing administrative regulation, provide a brief summary of:
(a) How the amendment will change this existing administrative regulation:
Not applicable. This is a new administrative regulation.
(b) The necessity of the amendment to this administrative regulation:
Not applicable. This is a new administrative regulation.
(c) How the amendment conforms to the content of the authorizing statutes:
Not applicable. This is a new administrative regulation.
(d) How the amendment will assist in the effective administration of the statutes:
Not applicable. This is a new administrative regulation.
(3) List the type and number of individuals, businesses, organizations, or state and local governments affected by this administrative regulation:
This administrative regulation will affect any current and former Kentucky firefighters diagnosed with a stress injury that was caused by an event or an accumulation of events that occurred during the course and scope of the firefighter’s employment.
(4) Provide an analysis of how the entities identified in question (3) will be impacted by either the implementation of this administrative regulation, if new, or by the change, if it is an amendment, including:
(a) List the actions that each of the regulated entities identified in question (3) will have to take to comply with this administrative regulation or amendment:
Once diagnosed, an eligible firefighter may submit a Certification of Stress Injury Diagnosis to the Commission, which is to be completed by the firefighter’s diagnosing psychiatrist, psychologist, or professional counselor credentialed under KRS 335.500 to 335.599. The eligible firefighter may then submit to the Commission a Stress Injury Voucher and receipts for his or her out-of-pocket expenses for treatment of the stress injury. The Commission will reimburse the firefighter for those out-of-pocket expenses.
(b) In complying with this administrative regulation or amendment, how much will it cost each of the entities identified in question (3):
There will be no cost to any entity identified in question (3).
(c) As a result of compliance, what benefits will accrue to the entities identified in question (3):
Eligible firefighters will benefit from the Commission reimbursing their out-of-pocket expenses for stress injury treatment.
(5) Provide an estimate of how much it will cost the administrative body to implement this administrative regulation:
(a) Initially:
There will be no cost to any entity identified in question (3).
(b) On a continuing basis:
There will be no cost to any entity identified in question (3).
(6) What is the source of the funding to be used for the implementation and enforcement of this administrative regulation:
The Firefighters Foundation Program fund.
(7) Provide an assessment of whether an increase in fees or funding will be necessary to implement this administrative regulation, if new, or by the change if it is an amendment:
No increase in fees or funding will be necessary.
(8) State whether or not this administrative regulation establishes any fees or directly or indirectly increases any fees:
This administrative regulation did not establish any fees.
(9) TIERING: Is tiering applied?
Tiering is not applied to this administrative regulation because it establishes requirements applicable to all eligible firefighters.

FISCAL NOTE
(1) What units, parts, or divisions of state or local government (including cities, counties, fire departments, or school districts) will be impacted by this administrative regulation?
The administrative regulation will not directly impact any state or local government. However, this administrative regulation will impact eligible firefighters in fire departments across the Commonwealth.
(2) Identify each state or federal statute or federal regulation that requires or authorizes the action taken by the administrative regulation.
KRS 95A.220 establishes the Firefighters Foundation Program fund and appropriates the monies in the fund for the purposes provided in KRS 95A.200 to 95A.300. KRS 95A.240 requires the Kentucky Fire Commission to administer the Firefighters Foundation Program fund and authorizes the Commission to issue such reasonable rules and regulations as will facilitate the administration of the fund and further the purposes of KRS 95A.200 to 95A.300. KRS 95A.220(5) 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 is authorized by KRS 95A.220 and 95A.240 because it establishes reasonable rules and regulations regarding stress injury reimbursement benefits, which will facilitate the administration of the Firefighter Foundation Program fund.
(3) Estimate the effect of this administrative regulation on the expenditures and revenues of a state or local government agency (including cities, counties, fire departments, or school districts) for the first full year the administrative regulation is to be in effect.
(a) How much revenue will this administrative regulation generate for the state or local government (including cities, counties, fire departments, or school districts) for the first year?
This administrative regulation will generate no revenue for the first year.
(b) How much revenue will this administrative regulation generate for the state or local government (including cities, counties, fire departments, or school districts) for subsequent years?
This administrative regulation will generate no revenue for subsequent years.
(c) How much will it cost to administer this program for the first year?
For each fiscal year, this administrative regulation makes available $1,250,000 from the Firefighters Foundation Program fund to be used for stress injury reimbursements.
(d) How much will it cost to administer this program for subsequent years?
For each fiscal year, this administrative regulation makes available $1,250,000 from the Firefighters Foundation Program fund to be used for stress injury reimbursements.
Note: If specific dollar estimates cannot be determined, provide a brief narrative to explain the fiscal impact of the administrative regulation.
Revenues (+/-):
This administrative regulation will not generate revenue.
Expenditures (+/-):
For each fiscal year, this administrative regulation makes available $1,250,000 from the Firefighters Foundation Program fund to be used for stress injury reimbursements.
Other Explanation:
(4) Estimate the effect of this administrative regulation on the expenditures and cost savings of regulated entities for the first full year the administrative regulation is to be in effect.
(a) How much cost savings will this administrative regulation generate for the regulated entities for the first year?
This administrative regulation will not generate any cost savings for regulated entities.
(b) How much cost savings will this administrative regulation generate for the regulated entities for subsequent years?
This administrative regulation will not generate any cost savings for regulated entities.
(c) How much will it cost the regulated entities for the first year?
This administrative regulation will not impose any costs on regulated entities.
(d) How much will it cost the regulated entities for subsequent years?
This administrative regulation will not impose any costs on regulated entities.
Note: If specific dollar estimates cannot be determined, provide a brief narrative to explain the fiscal impact of the administrative regulation.
Cost Savings (+/-):
This administrative regulation will not generate any cost savings for regulated entities.
Expenditures (+/-):
This administrative regulation will not impose any costs on regulated entities.
Other Explanation:
(5) Explain whether this administrative regulation will have a major economic impact, as defined below.
"Major economic impact" means an overall negative or adverse economic impact from an administrative regulation of five hundred thousand dollars ($500,000) or more on state or local government or regulated entities, in aggregate, as determined by the promulgating administrative bodies. This administrative regulation provides for $1,250,000 to be made available from the Firefighters Foundation Program fund for stress injury reimbursements and it will therefore have a major economic impact.

7-Year Expiration: 3/11/2031

Last Updated: 3/28/2024


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