95A.220 Firefighters Foundation Program fund -- Funds accruing under KRS
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/ky/95a-220A research copy — for the controlling text, always check the official state or federal source. Not legal advice.
42.190 and 136.392 -- Lapsing of certain funds -- Moneys appropriated --
Treatment for stress injury.
(1)For the purposes of this section, "stress injury" means:
(a)Post-traumatic stress injury;
(b)Post-traumatic stress disorder;
(c)Acute stress disorder; or
(d)Other specified stress-related disorder, but shall not include complex post-
traumatic stress disorder;
as set out in the most recent edition of the American Psychiatric Association's
Diagnostic and Statistical Manual of Mental Disorders.
(2)There is established the "Firefighters Foundation Program fund" consisting of
appropriations from the general fund of the Commonwealth of Kentucky, and
insurance premium surcharge proceeds and earnings on the investments of those
proceeds which accrue to this fund pursuant to KRS 42.190 and 136.392. The fund
may also receive any other funds, gifts or grants made available to the state for
distribution to local governments and volunteer fire departments in accordance with
the provisions of KRS 95A.200 to 95A.300 and KRS 95A.262.
(3)All moneys remaining in this fund on July 1, 1982, and deposited thereafter,
including earnings from their investment, shall be deemed a trust and agency
account. Beginning with the fiscal year 1994-95, through June 30, 1999, moneys
remaining in the account at the end of the fiscal year in excess of three million
dollars ($3,000,000) shall lapse, but moneys in the revolving loan fund established
in KRS 95A.262 shall not lapse. On and after July 1, 1999, moneys in this account
shall not lapse.
(4)Moneys in the fund are hereby appropriated by the General Assembly for the
purposes provided in KRS 95A.200 to 95A.300.
(a)A stress injury that arises solely from a legitimate personnel action such as
transfer, promotion, demotion, or termination shall not be considered a
compensable injury.
(b)The firefighter shall be diagnosed, by a psychiatrist, psychologist, or
professional counselor credentialed under KRS 335.500 to 335.599, with a
stress injury that has been caused by an event or an accumulation of events
that have occurred in the course and scope of his or her employment as a full-
time career or volunteer firefighter, regardless of whether or not there is an
initial physical injury. The event or an accumulation of events that have
occurred in the course and scope of employment as a career or volunteer
firefighter shall extend from the firefighter's initial employment or service to
the date of a diagnosis with the stress injury.
(c)Once diagnosed, if a firefighter seeks mental health treatment, after in-
network health insurance has been utilized, he or she may submit
corresponding receipts for medical bills paid by the firefighter to the
commission for reimbursement to the firefighter of out-of-pocket costs
incurred from the funds specifically allocated in the commission's budget for
firefighter mental health treatment, if applicable. The firefighter shall pay his
or her out-of-pocket share for the mental health treatment before submitting
for reimbursement.
(d)From the time a firefighter seeks mental health treatment, there shall not be a
limit on the benefit described in paragraph
(c)of this subsection, except that a
lifetime cap on the benefits described in paragraph
(c)of this subsection may
be imposed.