RELATES TO: KRS 42.190, 75.400(3), 95A.200, 95A.210, 95A.220,
95A.240, 136.392, 335.500 - 335.599
NECESSITY, FUNCTION, AND CONFORMITY: KRS 95A.220(2) authorizes
the Firefighters Foundation Program fund and appropriates the moneys in the
fund for the purposes provided in KRS 95A.200 through 95A.300. KRS 95A.240
requires the Kentucky Fire Commission to administer the Firefighters Foundation
Program fund and authorizes the commission to promulgate administrative
regulations to administer the fund and further the purposes of KRS 95A.200
through 95A.300. KRS 95A.220(5) authorizes the Kentucky Fire Commission to
reimburse a qualifying firefighter for his or her out-of-pocket expenses for
treatment of a qualifying stress injury. This administrative regulation
establishes requirements for obtaining stress injury reimbursement
benefits.
Section 1. Definitions.
(1) "Full-time paid firefighter" is defined
by KRS 75.400(3).
(2) "Fund" is
defined by KRS 95A.210(4).
(3)
"Mental health professional" means a psychiatrist, psychologist, or
professional counselor credentialed under KRS 335.500 through
335.599.
(4) "Qualifying
firefighter" means an individual who satisfies the requirements of Section 3 of
this administrative regulation.
(5)
"Stress injury" is defined by KRS 95A.220(1).
(6) "Volunteer firefighter" means an
individual who receives either no salary or less than $8,000 annually for
firefighting services to a volunteer fire department.
Section 2. Funding.
(1) For each fiscal year, $1,250,000 shall be
made available from the fund for a program to reimburse current and former
full-time paid firefighters and volunteer firefighters for their out-of-pocket
expenses for treatment of stress injuries caused by an event or an accumulation
of events occurring in the course and scope of their employment.
(2) Upon exhaustion or termination of
funding, reimbursement benefits pursuant to this administrative regulation
shall cease.
Section 3.
Eligibility. An individual shall be eligible to receive reimbursement pursuant
to Section 4 of this administrative regulation if:
(1) The individual is currently a full-time
paid firefighter or volunteer firefighter or was formerly a full-time paid
firefighter or volunteer firefighter;
(2) The individual has been diagnosed with a
stress injury by a mental health professional;
(3) The stress injury has been caused by an
event or an accumulation of events that have occurred in the course and scope
of the individual's employment as a full-time paid firefighter or volunteer
firefighter; and
(4) The individual
submits to the commission a completed:
(a)
Stress Injury Reimbursement Application form;
(b) Substitute W-9 Form; and
(c) Certification of Stress Injury Diagnosis
form.
Section
4. Reimbursement.
(1) After
receiving treatment for a stress injury, a qualifying firefighter may submit to
the commission, corresponding receipts for the out-of-pocket expenses for
treatment for reimbursement from the funds allocated for stress injury
reimbursement pursuant to Section 1 of this administrative regulation.
Reimbursable out-of-pocket expenses for stress injury treatment include
expenses paid by a qualifying firefighter for:
(a) Initial diagnosis;
(b) Counseling or therapy;
(c) Medication;
(d) Mental health facility
expenses;
(e) In-patient treatment;
or
(f) Out-patient
treatment.
(2) A
qualifying firefighter shall pay any out-of-pocket expenses for stress injury
treatment before submitting receipts for reimbursement.
(3) After a qualifying firefighter has paid
any out-of-pocket expenses for which reimbursement is sought, a qualifying
firefighter seeking reimbursement shall submit to the commission:
(a) All insurance payment receipts for
treatment of the stress injury;
(b)
A completed Stress Injury Voucher; and
(c) All receipts for out-of-pocket expenses
for treatment of the stress injury that have been paid by the qualifying
firefighter and for which reimbursement is sought.
Section 5. Limitations on
Reimbursement Benefits. Reimbursement benefits for each qualifying firefighter
shall not exceed $50,000 unless:
(1) A written
request for additional benefits is submitted to the commission by the
qualifying firefighter, which shall include the dollar amount of the additional
reimbursement benefits requested; and
(2) The financial department of the
commission determines that the requested additional reimbursement benefits are
available pursuant to Section 1 of this administrative regulation.
Section 6. Incorporation by
Reference.
(1) The following material is
incorporated by reference:
(a) "Certification
of Stress Injury Diagnosis", PTSD-3, June 2024;
(b) "Stress Injury Reimbursement
Application", PTSD-1, June 2024;
(c) "Stress Injury Voucher", PTSD-2, June
2024; and
(d) "Substitute W-9
Form", W-9, December 6, 2013.
(2) This material may be inspected, copied,
or obtained, subject to applicable copyright law, at the Kentucky Fire
Commission office, 110 Cleveland Drive, Paris, Kentucky 40361, Monday through
Friday, 8 a.m. to 4:30 p.m.
