La. Public Health and Safety § 40:1593.1

Current with changes from the 2024 Legislative Session

Section 40:1593.1 - Volunteer members of fire companies; legislative findings; insurance; applicability; limitations; procedure

A. As used in this Section, the following terms and phrases have the meanings hereinafter ascribed to them:

(1) "Fire company" means any organization established to provide fire prevention and suppression services for the general public.

(2) "Volunteer member" means any individual who is carried on the membership list of the fire company as an active participant in the normal functions of the organization and who receives either nominal or no remuneration for his services.

B. The legislature of the state of Louisiana finds all of the following:

(1) That the fire prevention and suppression services provided by volunteer fire companies are vital to the protection of the citizens of the state.

(2) That the provisions of this Section are intended to empower the state fire marshal with a means by which he may provide insurance coverage to volunteer members of fire companies for the treatment of heart and lung disease, stroke, and certain types of cancer.

(3) That the remedies provided for by this Section shall constitute the exclusive remedy, as described in R.S. 23:1032, available to any volunteer member against a fire company.

C. For the purposes of this Section, the state fire marshal is authorized to negotiate for and purchase out of funds available in the Two Percent Fire Insurance Fund, provided for in R.S. 22:347, a group critical illness policy to provide for a lump sum benefit for volunteer members.

(1) When a volunteer member is diagnosed with any disease or infirmity of the heart or lungs, stroke, or cancer, the disease, infirmity, stroke, or cancer shall be presumed to have been caused by or to have resulted from his service as a volunteer member of a fire company due to exposure to heat, smoke, fumes, or other carcinogenic, poisonous, toxic, or chemical substances. This presumption shall be rebuttable by evidence meeting the appropriate legal standard.

(2) Notwithstanding the provisions of Paragraph (1) of this Subsection, the provisions of this Section shall be applicable only to certain types of cancer. Any type of cancer meeting all of the following criteria shall be deemed to meet the requirements of this Subsection:

(a) Diagnosed as leukemia, lymphoma, or multiple myeloma or any other type of cancer that may be caused by exposure to heat, smoke, radiation, or a known or suspected carcinogen as defined by the International Agency for Research on Cancer.

(b) Diagnosed as originating in the bladder, brain, breast, colon, liver, lungs, pancreas, reproductive tract, skin, kidney, testicle, or gastrointestinal tract.

(1) In the event that a volunteer member is diagnosed with heart or lung disease, stroke, or a type of cancer meeting the requirements of Subsection D of this Section, all of the following criteria shall apply in determination of the eligibility of the volunteer member for receiving the benefits provided pursuant to the group policy described in Subsection C of this Section:

(a) The volunteer member shall have completed five or more years of service with the fire company.

(b) The name of the member must have been carried on the membership list of the fire company immediately prior to when his membership with the fire company ceased.

(2)

(a) In the event a volunteer member is determined to be eligible to receive a benefit pursuant to this Section, the option to enroll for this benefit shall be offered to the volunteer member for no less than ninety days from the date his membership ceased as a volunteer member with the fire company.

(b) Any eligible volunteer member who enrolls to receive the benefit shall be entitled to receive the benefit through the age of seventy with coverage terminating when the volunteer member attains the age of seventy-one.

(1) The state fire marshal shall deliver to each fire company a printed or electronic notice concerning the policy requirements as to written notice of claim and written proof of loss including the period in which a claim must be filed. The fire company shall post such notice in a conspicuous place at its facilities.

(2) A fire company shall provide to the state fire marshal, upon request and within a reasonable time period, any documents, materials, or other information necessary to administer the provisions of this Section.

(3) The state fire marshal is authorized to promulgate any rules or regulations necessary to administer the provisions of this Section in accordance with the Administrative Procedure Act, R.S. 49:950, et seq.

La. Public Health and Safety § 40:1593.1

Acts 2017, No. 346, §2.

Added by Acts 2017, No. 346,s. 2, eff. 8/1/2017.