A bill

 

TO AMEND THE SOUTH CAROLINA CODE OF LAWS SO AS TO ENACT THE "HONOR OUR FIRST RESPONDERS ACT"; AND BY ADDING SECTION 1-11-735 SO AS TO PROVIDE STATE-FUNDED HEALTH INSURANCE COVERAGE FOR THE SURVIVING SPOUSES AND DEPENDENT CHILDREN OF FIRST RESPONDERS KILLED IN THE LINE OF DUTY; TO DEFINE ELIGIBLE FIRST RESPONDERS; AND TO PROVIDE FOR ADMINISTRATION, FUNDING, AND OPTIONAL CONTINUATION OF COVERAGE.

 

Be it enacted by the General Assembly of the State of South Carolina:

 

SECTION 1.  This act may be cited as the "Honor Our First Responders Act".

 

SECTION 2.  Chapter 11, Title 1 of the S.C. Code is amended by adding:

 

    Section 1-11-735.  (A) For the purposes of this section:

       (1) "Law enforcement officer" means a sworn and certified individual employed by or serving under a state, county, or municipal law-enforcement agency who is authorized to enforce the criminal laws of this State, make arrests, conduct investigations, or maintain public safety.

       (2) "Firefighter" means an individual certified, recognized, or authorized to perform fire suppression, rescue, or hazardous-materials response while serving with a career, volunteer, combination, or special-purpose fire department.

       (3) "Emergency medical services personnel" means an individual licensed or certified pursuant to the laws of this State as an emergency medical technician, advanced emergency medical technician, paramedic, or equivalent, who provides prehospital emergency medical care as part of a governmental, fire-based, hospital-based, or volunteer emergency medical services agency.

       (4) "First responder" means a law enforcement officer, firefighter, or emergency medical services personnel, whether serving in a full-time, part-time, reserve, paid-on-call, or volunteer capacity, who is authorized or recognized by a governmental entity or recognized emergency services organization.

       (5) "Line-of-duty death" means the death of a first responder that occurs as a direct and proximate result of performing official duties, including emergency response, law-enforcement activity, fire suppression, rescue operations, emergency medical care, required training, authorized off-duty intervention, or travel directly related to such duties. The term does not include a death resulting from criminal activity or gross misconduct by the first responder.

    (B) The surviving spouse and dependent children of a first responder who suffers a line-of-duty death are entitled to continued health-insurance coverage under the State Health Plan.

    (C) Health-insurance coverage provided pursuant to this section must continue for a period of three years from the date of the first responder's death.

    (D) The State shall assume full responsibility for all premium costs associated with coverage provided pursuant to this section. No premium, contribution, or cost-sharing obligation may be imposed upon:

       (1) the surviving spouse or dependent children;

       (2) the employing law-enforcement, fire, or emergency medical services agency; or

       (3) a political subdivision of the State.

    (E) Coverage provided pursuant to this section must:

       (1) be provided under the same health-insurance plan and subject to the same terms and conditions in effect at the time of the first responder's death;

       (2) be equivalent in scope and benefits to coverage provided to active State Health Plan members and their dependents; and

       (3) be provided without lapse, waiting period, or involuntary termination during the prescribed coverage period.

    (F) The Public Employee Benefit Authority shall administer this section and shall enroll eligible surviving spouses and dependent children upon receipt of documentation verifying a line-of-duty death.

    (G) The General Assembly shall appropriate funds annually to the Public Employee Benefit Authority sufficient to cover all costs associated with providing coverage pursuant to this section.

    (H) Upon expiration of the three-year coverage period provided pursuant to subsection (C), a surviving spouse who was eligible for coverage under this section may elect to continue health-insurance coverage under the State Health Plan at the same premium rate applicable to non-active participants in the State Health Plan who are former employees or eligible dependents, without any State subsidy, and subject to the terms and conditions established by the Public Employee Benefit Authority. Continuation coverage must:

       (1) be offered without evidence of insurability;

       (2) be substantially equivalent in scope and benefits to coverage offered to similarly situated participants in the State Health Plan;

       (3) require the surviving spouse to pay the full premium cost at the applicable group rate, including any administrative fees permitted by law; and

       (4) be administered by the Public Employee Benefit Authority in a manner consistent with existing continuation or retiree coverage options.

 

SECTION 3.  This act takes effect upon approval by the Governor.

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