Post-traumatic stress disorder bill draws significant debate in Senate
Senate Bill 394 would allow first responders to receive workers compensation benefits if they are diagnosed with PTSD.
A proposal to expand Montana workers' compensation to include post-traumatic stress disorder drew significant debate in the Senate before ultimately passing a second reading, 29-20 to move on to the House.
Senate Bill 394, brought by Sen. Cora Neumann, D-Bozeman, would allow first responders to receive workers compensation benefits if they are diagnosed with PTSD. Much of the debate around the bill focused on its fiscal note and the potential for insurance companies to increase their rates.
'When we pick up that phone and call 911, we expect these people to put their lives and their bodies and their families in harm's way to keep us safe,' Neumann said. 'This is the least we can do.'
The American Psychiatric Association defines PTSD as 'a disorder that may result when an individual lives through or witnesses an event in which they believe that there is a threat to life or physical integrity and safety and experiences fear, terror, or helplessness.'
Neumann said Montana is one of a handful of states that do not have PTSD as part of its worker compensation legislation.
Several members of the Senate shared personal stories about either themselves or family members dealing with traumatic events. Sen. Sue Vinton, R-Billings, told a story about her brother, who in 2012 was a volunteer firefighter in New York.
A man set fire to a house on Christmas Eve that year and when firefighters responded, he shot and killed two of them and injured two others. Her brother was called to the scene that day.
'Trust me when I tell you that my brother has PTSD,' Vinton said. 'He cannot participate in family festivities on Christmas Eve anymore. He hasn't been able to ever since then. It's just a sad day. It's a difficult day. And so I have seen this first hand.'
Opponents pointed to the fiscal note. The Montana State Fund did an analysis, which was included in the bill. The state fund estimates the change would add an additional $897,795 to the cost of the plan, though some of that would come from insurance carriers.
It was estimated by looking at other states that have passed similar legislation.
A technical concern was raised in the fiscal note as well, noting constitutional equal protection concerns as first responders would be in their own class.
'All other individuals are prohibited from such benefits for the same diagnosis,' the fiscal note read. 'This would be true even if the non-first responder was diagnosed with PTSD based on events in the course and scope of employment.'
Opponents also questioned whether it was the state's responsibility to provide help in this situation.
'I would remind the body that that's not the government's role to take care of everybody,' Majority Leader Tom McGillvray, R-Billings said. 'I mean, government is not your mama, government is not your daddy.'
Sen. Barry Usher, R-Billings, who worked with Neumann on an amendment to the bill, mentioned the class issue. He supported the bill and the amendment removed correctional officers from workers compensation claims, which lowered the fiscal note.
'Somebody mentioned that, why should we do this for a special class of people,' Usher said. 'I can tell you it takes a special class of person to actually go, like the last Senator said, and go back to fighting fires. But I can also tell you that it's embedded in these people's hearts to run towards danger, jump between you and danger.'
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