Sec. 190802. Death and disability benefits for public safety officers impacted by COVID–19
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Section 1201 of the Omnibus Crime Control and Safe Streets Act of 1968 ( 34 U.S.C. 10281 ) is amended by adding at the end the following new subsection: For purposes of this part: COVID–19 shall be presumed to constitute a personal injury within the meaning of subsection (a), sustained in the line of duty by a public safety officer and directly and proximately resulting in death, unless such officer is shown to have performed no line of duty activity or action within the 45 days immediately preceding a diagnosis of, or positive test for COVID–19.
The Attorney General shall accept claims, including supplemental claims, under this section from an individual who— was serving as a public safety officer and was injured or disabled in the line of duty as a result of the terrorist attacks on the United States that occurred on September 11, 2001, or in the aftermath of such attacks developed a condition described in section 3312(a) of the Public Health Service Act ( 42 U.S.C. 300mm–22(a) ); and was diagnosed with COVID–19 during the period described in paragraph (3), which, in combination with the injury or disability described in subparagraph (A), permanently and totally disabled or directly and proximately resulted in the death of the individual.
In assessing a claim under this paragraph, the presumption of causation described in paragraph
(1)shall apply. The presumption described in paragraph
(1)shall apply with respect to a diagnosis of COVID–19 beginning on January 20, 2020, and ending on the date that is one year after the emergency period (as such term is defined in section 1135(g) of the Social Security Act ( 42 U.S.C. 1320b–5(g) )) based on the COVID–19 public health emergency ends. The term COVID–19 means a disease caused by severe acute respiratory syndrome coronavirus 2 (SARS–CoV–2). In determining whether the personal injury resulting from COVID–19 was a catastrophic injury, the Attorney General’s inquiry shall be limited to whether the individual is permanently prevented from performing any gainful work as a public safety officer. .
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- 42 USC 300mm–22(a)
- 42 USC 1320b–5(g)
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Sec. 190802
Death and disability benefits for public safety officers impacted by COVID–19
Cite42 USC 300mm–22(a)
Cite42 USC 1320b–5(g)
Cites 3Cited by 0 across 0 sources