§ 23-9-197 — Firefighter Cancer Health Care Benefit Plan.

South Carolina § 23-9-197

• Jurisdiction: South Carolina
• Title 23: LAW ENFORCEMENT AND PUBLIC SAFETY
• Ch. 9: STATE FIRE MARSHAL

Text

(A) As used in this section: (1) "Cancer" includes malignant neoplasms of the following body areas and organ systems: (a) central and peripheral nervous system; (b) oropharyngeal; (c) respiratory tract; (d) gastrointestinal tract; (e) hepatobiliary; (f) solid organ and endocrine; (g) genitourinary and male reproductive; (h) GYN; (i) skin, soft tissue, and breast; and (j) bone and blood. (2) "Fire department" means any organization located and based in this State that provides rescue, fire suppression, and related activities including any public or government-sponsored organizations, excluding federal agencies, engaged in rescue, fire suppression, and related activities. (3) "Firefighter" means any person, paid or unpaid, who engages in rescue, fire suppression, or related activities, under the supervision of a fire chief or fire department in this State or who is employed by the State Commission of Forestry, South Carolina State Fire, or a forestry district for the purpose of fire protection. (B) There is established the "Firefighter Cancer Health Care Benefit Plan" to provide a supplemental insurance policy upon a firefighter being diagnosed with cancer on or after July 1, 2021. The plan shall provide benefits to a firefighter only if the firefighter has served in a South Carolina fire department for at least five continuous years and been in active service within ten years of the diagnosis. (C) The plan, upon diagnosis, must entitle an eligible firefighter to: (1) a reimbursement of up to twelve thousand dollars annually to the firefighter for any out-of-pocket medical expenses including deductibles, copayments, or coinsurance costs incurred; (2) a one-time benefit of twenty thousand dollars upon the firefighter's initial diagnosis; and (3) a seventy-five thousand dollar death benefit for a firefighter who dies as a result of cancer or circumstances that arise out of the treatment of cancer. All of the benefits arising out of such death are available to the deceased firefighter's beneficiary. (D)(1) The program must be established by and administered through the Office of the State Fire Marshal within the Department of Labor, Licensing and Regulation. In selecting the covering insurance policy, the State Fire Marshal must utilize a competitive bidding process among private insurers that have such policies available. (2) Additionally, the State Fire Marshal shall identify best practices to establish employer cancer prevention as it relates to personal protective equipment, decontamination, fire suppression apparatus, and fire stations. (3) By January first of each year, the State Fire Marshal shall prepare a report detailing the activity of the program in the previous fiscal year. The report shall include, but not be limited to: all expenses and costs associated with administration of the program, all inquiries and quotes received from prospective insurers, the number of eligible firefighters who qualify for coverage, the number of claims, and the amount and type of benefits paid. The report must be delivered to the Department of Insurance, the Senate Finance Committee, and the House Ways and Means Committee. (E) Notwithstanding any other provision of this section, the implementation and operation of the Firefighter Cancer Health Care Benefit Plan and the benefits contained herein are contingent upon appropriate funding.

Legislative History

HISTORY: 2020 Act No. 168 (S.1071), SECTION 1, eff July 1, 2021; 2024 Act No. 163 (S.728), SECTIONS 1, 2, eff May 20, 2024. Effect of Amendment 2024 Act No. 163, SECTION 1, in (A)(3), deleted "is a resident of this State and" following "paid or unpaid, who" and inserted ", South Carolina State Fire,". 2024 Act No. 163, SECTION 2, in (B), in the first sentence, inserted "on or after July 1, 2021". ARTICLE 2 State Arson Control Program